Completion of Project Facilities Clause Samples

Completion of Project Facilities. The Company represents that the acquisition, construction, equipping and installation of the Project Facilities will be completed and that the proceeds of the Bonds, including any investment thereof, will be expended in accordance with the provisions of all bond authorizations, security and tax regulatory agreements and certificates executed in respect of the Bonds and in respect of the installation, operation and use of the Project Facilities, including the Tax Regulatory Agreement. The Company acknowledges and agrees that there is no implied or express warranty by the Issuer that the proceeds of the Bonds will be sufficient to pay all costs of the acquisition, construction, equipping and installation of the Project Facilities. Upon completion of the acquisition, construction, equipping and installation of the Project Facilities, and in any event not more than 90 days thereafter, the Company shall deliver the Completion Certificate to the Trustee.

Completion of Project Facilities. As soon as practicable after the filing with the Trustee of the Certificate of Acceptance referred to in Section 5.3 hereof and a Certificate of Completion, the Trustee shall transfer any balance then remaining in the Project Fund (other than the amounts required to be retained by the Trustee as described herein and in the said certificate), upon the written direction of the County, either (i) to the Bond Fund to be credited against the payment of the principal of the Series 2020 Bonds, subject to Section 4.1(b) of the Facilities Agreement, (ii) to the County as necessary for the completion of the Project Facilities or for Additional Project Facilities or other capital expenditures; or

Completion of Project Facilities. The Company represents that the Project Facilities will be completed and that the proceeds of the Bonds, including any investment thereof, will be expended in accordance with the provisions of all bond authorizations, security and tax regulatory agreements and certificates executed in respect of the Bonds and in respect of the installation, operation and use of the Project Facilities. Upon completion of the Project Facilities, the Company shall deliver to the Trustee a Completion Certificate.

Completion of Project Facilities. As soon as practicable after the filing with the Trustee of the Certificate of Acceptance referred to in Section 5.3(c) hereof and a Certificate of Completion, the Trustee shall transfer any balance then remaining in the 2020 Project Fund (other than the amounts required to be retained by the Trustee as described herein and in the said certificate) to the 2020 Note Fund to be credited against the payment of the next due installment or installments of principal of the Series 2020 Notes, subject to Section 4.1(b) of the Facilities Agreement, and provided that an amount up to the aggregate of investment income from the investment of amounts to the credit of the 2020 Project Fund may, upon written request of the County, be paid to the County as necessary for the completion of the Ancillary Facilities and the Project Facilities. Notwithstanding the foregoing, if prior to the transfer by the Trustee of any such balance in the 2020 Project Fund, the Trustee shall have received from the Corporation in the Certificate of Acceptance a statement of the aggregate amount of any lien or claim against the Project Facilities then being contested in good faith by the Corporation, any such amount then in contest shall be held in reserve in the 2020 Project Fund until such contest is resolved. The 2020 Project Fund shall be closed upon final resolution of claims, with any amounts not required to satisfy such claims distributed as otherwise provided in this Section 5.4.

Completion of Project Facilities. The Company represents that the acquisition and/or construction of the Project Facilities financed with the earlier issues of the Issuer’s bonds have been completed and that the proceeds derived from the sale of the earlier issues of the Issuer’s bonds used to finance or refinance the Project Facilities and the refunding of the Prior Bonds, including any investment thereof, were expended in accordance with the provisions of all bond authorization, security and tax regulatory agreements executed in respect of all such bonds and the Refunded Bonds and in respect of the installation, operation or use of the Project Facilities and the refunding of the Prior Bonds. The Company represents that the Project Facilities financed with proceeds of the Series 2020A Bonds will be completed and that the proceeds of the Series 2020A Bonds, including any investment thereof, will be expended in accordance with the provisions of all bond authorizations, security and tax regulatory agreements and certificates executed in respect of the Bonds and in respect of the installation, operation and use of the Project Facilities. Upon completion of the Project Facilities financed with the Series 2020A Bonds, the Company shall deliver to the Trustee a Completion Certificate.

Completion of Project Facilities. 12.3.1 On or after COD, the Concessionaire shall undertake construction of Project Facilities as specified in Schedule-B, and in conformity with the Specifications and Standards set forth in Schedule-C. The Project Facility Completion Schedule of each of the Project Facilities shall be specified by the Engineer in accordance with Good Industry Practice and the Concessionaire agrees and undertakes that Project Facilities shall be completed in accordance with Project Facility Completion Schedule in each case. For the avoidance of doubt, it is expressly agreed that if a time schedule for any or all the Project Facilities is specified in Schedule-B, the same shall be binding on the Parties hereto and the Engineer shall conform thereto. 12.3.2 The Concessionaire shall construct the Project Facilities in accordance with the Project Facility Completion Schedule. In the event that the Concessionaire fails to achieve any Project Milestone within a period of 90 (ninety) days from the date set forth for each of the Project Facilities, unless such failure has occurred due to Force Majeure or for reasons solely attributable to the Government, it shall pay Damages to the Government in a sum calculated at the rate of 0.1% (zero point one per cent) of the amount of Performance Security for delay of each day until such Project Facility is completed. For the avoidance of doubt, it is agreed that recovery of Damages under this Clause 12.3.2 shall be without prejudice to the rights of the Government under this Agreement, including the right of Termination thereof.

Completion of Project Facilities. The Company represents that the Project Facilities will be completed and that the proceeds of the Bonds, including any investment thereof, will be expended in accordance with the provisions of all bond authorizations, security and tax regulatory agreements and certificates executed in respect of the Bonds and in respect of the installation, operation and use of the Project Facilities. The Company acknowledges and agrees that there is no implied or express warranty by the Issuer that the proceeds of the Bonds will be sufficient to pay all costs of the Project. Upon completion of the Project Facilities, the Company shall deliver to the Trustee a Completion Certificate.

Completion of Project Facilities. 12.3.1 On or after COD, the Concessionaire shall undertake construction of Project Facilities as specified in Schedule- B, and in conformity with the Specifications and Standards set f ▇▇▇▇ in Schedule- C. The Project Facility Completion Schedule of each of the Project Facilities shall be specified by the Engineer in accordance with Good I ndustry Practice and the Concessionaire agrees and undertakes that Project Facilities shall be completed in accordance with Project Facility Completion Schedule in each case. For t he avoidance of doubt, it is expressly agreed that if a t ime schedule for any or all the Project Facilities is specified in Schedule-B, the same shall be binding on the Parties hereto and the Engineer shall conform thereto. 12.3.2 The Concessionaire shall const ruct t he Proj ect Facilit ies in accordance w it h the Project Facility Completion Schedule. I n the event that the Concessionaire fails to achieve any Project Milestone within a period of 90 (ninety) days from the date set forth for each of the Project Facilities, unless such failure has occurred due to Force Majeure or for reasons solely attributable to the Government, it shall pay Damages to the Government in a sum calculated at the rate of 0.1% (zero point one per cent) of the amount of Performance Security for delay of each day until such Project Facility is completed. For the avoidance of doubt, it is agreed that recovery of Damages under this Clause 12.3.2 shall be without prejudice to the rights of the Government under this Agreement, including the right of Termination t hereof.

Completion of Project Facilities. The Project Facilities for a particular Phase shall be deemed to be completed when the Completion Certificate is issued by NRDA. The date of Completion Certificate issued for each Phase of the Project shall be the Phase Completion Date for the particular Phase. The Developer shall be entitled to operate the Project Facilities only after Completion Certificate is obtained.