Common use of Xxxxx-Xxxxx Requirements Clause in Contracts

Xxxxx-Xxxxx Requirements. DOE shall have received a Borrower Certificate, dated as of the Advance Notice Date, (a) certifying that the Borrower and, to the DBA Knowledge of Borrower, all DBA Contract Parties are in material compliance with all Xxxxx-Xxxxx Requirements, except to the extent that the Xxxxx-Xxxxx Requirements have been waived by the Department of Labor, including pursuant to the DOL Letter, (b) identifying and describing the immaterial non-compliance with all Xxxxx-Xxxxx Requirements of which the Borrower has DBA Knowledge, (c) certifying that the Borrower has commenced the cure of such immaterial non-compliance and reasonably believes that such immaterial non-compliance will be cured prior to any Advances subsequent to the Advance for which the Borrower Certificate is being delivered, (d) certifying that all immaterial non-compliance identified on all prior Borrower Certificates in respect of compliance with Xxxxx-Xxxxx Requirements has been cured, and (e) certifying that there have been no updates to the Xxxxx-Xxxxx and Related Acts Compliance Program or, if there have been any updates to the Xxxxx-Xxxxx and Related Acts Compliance Program since the most recent prior Advance Date, attaching a copy of such updates and certifying that such copies are true, correct and complete copies of such updates.

Xxxxx-Xxxxx Requirements. DOE shall have received a Borrower Certificate, dated as of the Advance Notice Date, (a) certifying that the Borrower and, to the DBA Knowledge of Borrower, all DBA Contract Parties are in material compliance with all Xxxxx-Xxxxx Requirements, except to the extent that the Xxxxx-Xxxxx Requirements have been waived by the Department of Labor, including pursuant to the DOL Letter, (b) identifying and describing the immaterial non-compliance with all Xxxxx-Xxxxx Requirements of which the Borrower has DBA Knowledge, (c) certifying that the Borrower has commenced the cure of such immaterial non-compliance and reasonably believes that such immaterial non-compliance will be cured prior to any Advances subsequent to the Advance for which the Borrower Certificate is being delivered, (d) certifying that all immaterial non-compliance identified on all prior Borrower Certificates in respect of compliance with Xxxxx-Xxxxx Requirements has been cured, and (e) certifying that there have been no updates to the Xxxxx-Xxxxx and Related Acts Compliance Program or, if there have been any updates to the Xxxxx-Xxxxx and Related Acts Compliance Program since the most recent prior Advance Date, attaching a copy of such updates and certifying that such copies are true, correct and complete copies of such updates.