Common use of Purchaser’s Obligation to Close Clause in Contracts

Purchaser’s Obligation to Close. In addition to the conditions to Purchaser’s obligation to consummate the Acquired Companies Acquisition to which this Acquired Companies Annex applies set forth in Section 3.6 of the Agreement, the obligation of Purchaser to consummate the Acquired Companies Acquisition to which this Acquired Companies Annex applies are subject to the satisfaction or written waiver, on or prior to the Closing Date, of each of the following conditions (any or all of which may be waived in writing by Purchaser in whole or in part to the extent permitted by applicable Law) (if “none” is written below, then there are no additional conditions under Section 3.6 of the Agreement): (a) Seller shall have delivered a Phase I environmental site assessment for (i) the Breckinridge Project Site, (ii) the Carousel Project Site, (iii) the Javelina II Project Site, (iv) the Rush Springs Project Site, (v) the Mountain View Project Site, (vi) the Cottonwood Project Site, (vii) the Golden Hills North Project Site, (viii) the Bluff Point Project Site, (ix) the Kingman I Project Site, (x) the Kingman II Project Site and (xi) the Ninnescah Project Site, dated not earlier than one hundred eighty (180) days prior to the Closing Date (the “Phase I Reports”) to the Purchaser.

Purchaser’s Obligation to Close. In addition to the conditions to Purchaser’s obligation to consummate the Acquired Companies Acquisition to which this Acquired Companies Annex applies set forth in Section 3.6 of the Agreement, the obligation of Purchaser to consummate the Acquired Companies Acquisition to which this Acquired Companies Annex applies are subject to the satisfaction or written waiver, on or prior to the Closing Date, of each of the following conditions (any or all of which may be waived in writing by Purchaser in whole or in part to the extent permitted by applicable Law) (if “none” is written below, then there are no additional conditions under Section 3.6 of the Agreement): (a) Seller shall have delivered a Phase I environmental site assessment for (i) the Breckinridge Hatch Solar Project Site, (ii) the Carousel High Winds Project Site, (iii) the Javelina II ▇▇▇▇▇▇ Wind III Project Site, (iv) the Rush Springs ▇▇▇▇▇▇ Wind Project Site, (v) the Mountain View ▇▇▇▇ Creek Solar Project Site, (vi) the Cottonwood Westside Solar Project Site, (vii) the Golden Hills North Whitney Point Solar Project Site, and (viii) the Bluff Point Project Site, (ix) the Kingman I Project Site, (x) the Kingman II Nutmeg Solar Project Site and (xi) the Ninnescah Project Site, dated not earlier than one hundred eighty (180) days prior to the Closing Date (the “Phase I Reports”) to the Purchaser.

Purchaser’s Obligation to Close. In addition to the conditions to Purchaser’s obligation to consummate the Acquired Companies Acquisition to which this Acquired Companies Annex applies set forth in Section 3.6 of the Agreement, the obligation of Purchaser to consummate the Acquired Companies Acquisition to which this Acquired Companies Annex applies are subject to the satisfaction or written waiver, on or prior to the Closing Date, of each of the following conditions (any or all of which may be waived in writing by Purchaser in whole or in part to the extent permitted by applicable Law) (if “none” is written below, then there are no additional conditions under Section 3.6 of the Agreement):): 873619.23-WILSR01A - MSW (a) Seller shall have delivered a Phase I environmental site assessment for (i) (a) the Breckinridge Ponderosa Project Site, (iib) the Carousel ▇▇▇▇▇▇▇ Airport Solar Project Site, and (iiic) the Javelina II Project Site, (iv) the Rush Springs Project Site, (v) the Mountain View Project Site, (vi) the Cottonwood Project Site, (vii) the Golden Hills North Project Site, (viii) the Bluff Point Project Site, (ix) the Kingman I Project Site, (x) the Kingman II Soldier Creek Project Site and (xi) the Ninnescah Project Site, dated not earlier than one hundred eighty (180) days prior to the Closing Date (but dated after the date of Commercial Operation) to the Purchaser and (ii) (v) the ▇▇▇▇▇▇ Project Site, (w) the Saint Solar Project Site, (x) the Blue Summit III Project Site, (y) the Harmony Solar Project Site, and (z) the ▇▇▇▇▇▇ Creek Solar Project Site, dated not earlier than one year prior to the Closing Date, together with, in each case of (w) through (z), a bring-down of such Phase I environmental site assessment dated not earlier than one hundred eighty (180) days prior to the Closing Date (but dated after the date of Commercial Operation), to the Purchaser (clauses (i) and (ii), collectively, the “Phase I Reports”); and (b) Pine Brooke Holdings and ▇▇▇▇ shall have executed and delivered, on or prior to the Purchaser.Closing Date, the Pine Brooke Build-Out Agreement, which shall remain in full force and effect;