Common use of Independent Engineer Report Clause in Contracts

Independent Engineer Report. The Term Loan A Administrative Agent shall have received a certificate of the Independent Engineer certifying (i) that the construction of the Project is proceeding substantially in accordance with the construction schedule set out in the Construction Budget and Schedule or, if not so proceeding, any delays will not cause (x) the Project to miss the Guaranteed Substantial Completion Dates for any train of the Project, (y) the date specified for Ready for Start Up in Attachment E to the EPC Contract for any train of the Project to occur less than four (4) months prior to the Guaranteed Substantial Completion Date for such train or (z) the Project to otherwise fail to achieve (A) the Train 1 DFCD under and as defined in the BG FOB Sale and Purchase Agreement on or before the BG DFCD Deadline or (B) the Date of First Commercial Delivery under and as defined in the GN FOB Sale and Purchase Agreement on or before the GN DFCD Deadline, (ii) as to the current utilization of previous borrowings and (iii) as to the existence of sufficient funds needed to achieve (x) Substantial Completion by each of the applicable Guaranteed Substantial Completion Dates under the EPC Contract for each of the trains of the Project and (y) the Specified Completion Conditions by the Date Certain.

Appears in 1 contract

Sources: Credit Agreement (Cheniere Energy Partners, L.P.)

Independent Engineer Report. The Term Loan A Senior LC Facility Administrative Agent shall have received a certificate of the Independent Engineer certifying (i) that the construction of the Project is proceeding substantially in accordance with the construction schedule set out in the Construction Budget and Schedule or, if not so proceeding, any delays will not cause (x) the Project to miss the Guaranteed Substantial Completion Dates for any train of the Project, (y) the date specified for Ready for Start Up in Attachment E to the applicable EPC Contract for any train of the Project to occur less than four (4) months prior to the Guaranteed Substantial Completion Date for such train or (z) the Project to otherwise fail to achieve (A) the Train 1 DFCD under and as defined in the BG FOB Sale and Purchase Agreement on or before the BG DFCD Deadline or Deadline, (B) the Date of First Commercial Delivery under and as defined in the GN FOB Sale and Purchase Agreement on or before the GN DFCD Deadline, (iiC) the Date of First Commercial Delivery under and as to defined in the current utilization KoGas FOB Sale and Purchase Agreement on or before the KoGas DFCD Deadline, or (D) the Date of previous borrowings First Commercial Delivery under and as defined in the ▇▇▇▇ FOB Sale and Purchase Agreement on or before the ▇▇▇▇ DFCD Deadline and (iiiii) as to the existence of sufficient funds needed to achieve (x) Substantial Completion by each of the applicable Guaranteed Substantial Completion Dates under the applicable EPC Contract for each of the trains of the Project and (y) the Specified Completion Conditions by the Date Certain.

Appears in 1 contract

Sources: Senior Letter of Credit and Reimbursement Agreement (Sabine Pass Liquefaction, LLC)