Common use of Performance Tests Clause in Contracts

Performance Tests. With respect to the Gateway Expansion and the Diablo Project and following the initial borrowing of Construction Loans in connection with such Project, the Administrative Agent and the Independent Engineer shall have the right to witness and verify the Performance Tests. The Borrower shall give the Administrative Agent and the Independent Engineer notice regarding each proposed Performance Test no less than five Business Days prior to any Performance Test. If, upon completion of any Performance Tests, the Loan Parties have decided to use such Performance Tests as the basis for declaring the applicable Substantial Completion for the applicable Project, the Borrower shall so notify the Administrative Agent and the Independent Engineer and shall deliver a copy of all test results supporting the results of such Performance Tests, accompanied by supporting data and calculations (each, a “Performance Test Report”), and the Independent Engineer will, within five Business Days after the receipt of such Performance Test Report, (a) certify in writing to the Administrative Agent, the results of the Performance Tests and confirm that such Performance Tests were performed in accordance with applicable Prudent Industry Practice or (b) deliver a report to the Administrative Agent and the Borrower setting forth in reasonable detail any material objections of the Independent Engineer to such Performance Test Report. If any such objections are made by the Independent Engineer, then the Loan Parties shall be permitted to address such objections to the reasonable satisfaction of the Independent Engineer or conduct additional Performance Tests in accordance with this Section 5.14.

Performance Tests. With respect to the Gateway Expansion and the Diablo Project and following the initial borrowing of Construction Loans in connection with such Project, the (i) The Administrative Agent and the Independent Engineer shall have the right to witness and verify the any Performance Tests. The Borrower Borrowers shall give the Administrative Agent and the Independent Engineer notice regarding each proposed Performance Test no less than five (5) Business Days prior to any Performance Test. If, upon completion of any Performance Tests, the Loan Parties Borrowers have decided to use such Performance Tests as the basis for declaring the applicable Substantial Completion Commercial Operation Date for the applicable Projectany Plant, the Borrower they shall so notify the Administrative Agent and the Independent Engineer and shall deliver a copy of all test results supporting the results of such Performance TestsTest, accompanied by supporting data and calculations including a report that indicates the Borrowers' preliminary opinions as to results the Performance Tests (each, each a “"Performance Test Report”), ") and the Independent Engineer will, upon a thorough review of such Performance Test Report, certify in writing to the Administrative Agent, within five (5) Business Days after of the receipt of such Performance Test Report, (a) certify in writing to the Administrative Agent, the results of the Performance Tests and confirm confirming that such Performance Tests were performed in accordance with applicable Prudent Industry Practice ethanol industry standards or (b) deliver a report to the Administrative Agent and the Borrower Borrowers' Agent setting forth in reasonable detail any material objections of the Independent Engineer to such Performance Test Report. If any such valid objections are made by the Independent Engineermade, then the Loan Parties Borrowers shall be permitted to address such objections to the reasonable satisfaction of the Independent Engineer or conduct additional Performance Tests in accordance with this Section 5.147.01(k).

Performance Tests. With respect to the Gateway Expansion and the Diablo Project and following the initial borrowing of Construction Loans in connection with such Project, the (i) The Administrative Agent and the Independent Engineer shall have the right to witness and verify the any Performance Tests. The Borrower shall give the Administrative Agent and the Independent Engineer notice regarding each proposed Performance Test no less than five (5) Business Days prior to any Performance Test. If, upon completion of any Performance Tests, the Loan Parties have Borrower has decided to use such Performance Tests as the basis for declaring the applicable Substantial Completion for the applicable ProjectCommercial Operation Date, the Borrower shall so notify the Administrative Agent and the Independent Engineer and shall deliver a copy of all test results supporting the results of such Performance TestsTest, accompanied by supporting data and calculations including a report that indicates the Borrower’s preliminary opinions as to results of the Performance Tests (each, each a “Performance Test Report”), ) and the Independent Engineer will, upon a thorough review of such Performance Test Report, certify in writing to the Administrative Agent, within five (5) Business Days after of the receipt of such Performance Test Report, (a) certify in writing to the Administrative Agent, the results of the Performance Tests and confirm that such Performance Tests were performed in accordance with applicable Prudent Industry Practice the Approved Performance Test Protocols or (b) deliver a report to the Administrative Agent and the Borrower setting forth in reasonable detail any material objections of the Independent Engineer to such Performance Test Report. If any such valid objections are made by the Independent Engineermade, then the Loan Parties Borrower shall be permitted to address such objections to the reasonable satisfaction of the Independent Engineer or conduct additional Performance Tests in accordance with this Section 5.147.01(k).

Performance Tests. With respect to the Gateway Expansion and the Diablo Project and following the initial borrowing of Construction Loans in connection with such Project, the The Administrative Agent and the Independent Engineer shall have the right to witness and verify the Performance Tests. The Borrower shall give the Administrative Agent and the Independent Engineer notice regarding each proposed Performance Test no less than five (5) Business Days prior to any Performance Test. If, upon completion of any Performance Tests, the Loan Parties have Borrower has decided to use such Performance Tests as the basis for declaring the applicable Substantial Final Completion for the applicable ProjectDate, the Borrower shall so notify the Administrative Agent and the Independent Engineer and shall deliver a copy of all test results supporting the results of such Performance TestsTest, accompanied by supporting data and calculations including a report that indicates the Borrower’s preliminary opinions as to results the Performance Tests (each, each a “Performance Test Report”), ) and the Independent Engineer will, upon a thorough review of such Performance Test Report, certify in writing to the Administrative Agent, within five (5) Business Days after of the receipt of such Performance Test Report, (a) certify in writing to the Administrative Agent, the results of the Performance Tests and confirm confirming that such Performance Tests were 105 performed in accordance with applicable Prudent Industry Practice biodiesel industry standards and have demonstrated that the Project meets the Performance Criteria, or (b) deliver a report to the Administrative Agent and the Borrower setting forth in reasonable detail any material objections of the Independent Engineer to such Performance Test Report. If any such objections are made by the Independent Engineermade, then the Loan Parties Borrower shall be permitted to address such objections to the reasonable satisfaction of the Independent Engineer or conduct additional Performance Tests in accordance with this Section 5.148.27.

Performance Tests. With respect to the Gateway Expansion and the Diablo Project and following the initial borrowing of Construction Loans in connection with such Project, the The Administrative Agent and the Independent Engineer shall have the right to witness and verify the Performance Tests. The Borrower shall give the Administrative Agent and the Independent Engineer notice regarding each proposed Performance Test no less than five (5) Business Days prior to any Performance Test. If, upon completion of any Performance Tests, the Loan Parties have Borrower has decided to use such Performance Tests as the basis for declaring the applicable Substantial Final Completion for the applicable ProjectDate, the Borrower shall so notify the Administrative Agent and the Independent Engineer and shall deliver a copy of all test results supporting the results of such Performance TestsTest, accompanied by supporting data and calculations including a report that indicates the Borrower’s preliminary opinions as to results the Performance Tests (each, each a “Performance Test Report”), ) and the Independent Engineer will, upon a thorough review of such Performance Test Report, certify in writing to the Administrative Agent, within five (5) Business Days after of the receipt of such Performance Test Report, (a) certify in writing to the Administrative Agent, the results of the Performance Tests and confirm confirming that such Performance Tests were performed in accordance with applicable Prudent Industry Practice biodiesel industry standards and have demonstrated that the Project meets the Performance Criteria, or (b) deliver a report to the Administrative Agent and the Borrower setting forth in reasonable detail any material objections of the Independent Engineer to such Performance Test Report. If any such objections are made by the Independent Engineermade, then the Loan Parties Borrower shall be permitted to address such objections to the reasonable satisfaction of the Independent Engineer or conduct additional Performance Tests in accordance with this Section 5.148.27.