Common use of Certificate of the Independent Engineer Clause in Contracts

Certificate of the Independent Engineer. Delivery to Administrative Agent on behalf of the Banks of the Independent Engineer's certificate with respect to such Subsequent Project, in substantially the form of Exhibit F-6, with the Independent Engineer's report with respect to such Subsequent Project attached thereto, confirming, in form and substance satisfactory to the Technical Committee, that the revenue assumptions approved by the Power Marketing Consultant in its report delivered to Administrative Agent on behalf of the Banks pursuant to Section 3.3.16 and fuel price assumptions approved by the Fuel Consultant in its report delivered to Administrative Agent on behalf of the Banks pursuant to Section 3.3.15 have been properly incorporated into the Base Case Project Projections and that the Project Schedule with respect to such Subsequent Project is consistent with the applicable Project Budget, and the Technical Committee shall be satisfied that the projected O&M Costs and the projected performance (including output, heat rate, environmental and Permit compliance, and availability, individually or taken as a whole) of such Subsequent Project as reflected in the Base Case Project Projections delivered to Administrative Agent on behalf of the Banks as contemplated in Section 3.3.27 hereof and the design and other technical aspects of, such Subsequent Project, are reasonable and achievable in a manner consistent with the applicable Project Budget and Project Schedule.

Appears in 2 contracts

Sources: Credit Agreement (Calpine Corp), Credit Agreement (Calpine Corp)

Certificate of the Independent Engineer. Delivery to Administrative Agent on behalf of the Banks of the Independent Engineer's certificate with respect to such Subsequent Initial Project, in substantially the form of Exhibit F-6, with the Independent Engineer's report with respect to such Subsequent Initial Project attached thereto, confirming, in form and substance satisfactory to (a) in the case of the Projects One Through Four, the Required Banks, and (b) in the case of all other Initial Projects, the Technical Committee, that the revenue assumptions approved by the Power Marketing Consultant in its report delivered to Administrative Agent on behalf of the Banks pursuant to Section 3.3.16 3.2.15 and fuel price assumptions approved by the Fuel Consultant in its report delivered to Administrative Agent on behalf of the Banks pursuant to Section 3.3.15 3.2.14 have been properly incorporated into the Base Case Project Projections and that the Project Schedule with respect to such Subsequent Initial Project is consistent with the applicable Project Budget, and the Required Banks or the Technical Committee Committee, as the case may be (as determined pursuant to clauses (a) and (b) above), shall be satisfied that the projected O&M Costs and the projected performance (including output, heat rate, environmental and Permit compliance, and availability, individually or taken as a whole) of such Subsequent Initial Project as reflected in the Base Case Project Projections delivered to Administrative Agent on behalf of the Banks as contemplated in Section 3.3.27 3.2.24 hereof and the design and other technical aspects of, of such Subsequent Project, Initial Project are reasonable and achievable in a manner consistent with the applicable Project Budget and Project Schedule.

Appears in 1 contract

Sources: Credit Agreement (Calpine Corp)