Borrower Certificate. No less than five (5) Business Days prior to such Initial Project Funding Date, the Administrative Agent shall have received a certificate, signed by a Responsible Officer of Borrower, in substantially the form of Exhibit B-2, attaching the updated Asset Register for such Project, and certifying that: (i) the Eligibility Representations and Warranties with respect to such Project are true and correct in all material respects as of such Initial Project Funding Date, other than those representations and warranties which are modified by materiality by their own terms, which shall be true and correct in all respects as of such Initial Project Funding Date (unless such representation or warranty relates solely to an earlier date, in which case it shall have been true and correct in all material respects as of such earlier date); (ii) each Project that is the subject of the requested Loan satisfies the Eligible Vendor Requirements; (iii) after giving effect to such Loan, the Borrower shall be in compliance with the Concentration Limits; and (iv) no Provider Default shall have occurred and be continuing.
Appears in 3 contracts
Sources: Credit Agreement (MN8 Energy, Inc.), Credit Agreement (MN8 Energy, Inc.), Credit Agreement (New PubCo Renewable Power Inc.)