Qualifying Facility. (i) The Facility shall be a qualifying cogeneration facility within the meaning of PURPA and the rules and regulations of the FERC set forth at 18 C.F.R. Subpart 292, as amended; and (ii) the Order Granting Application for Certification as a qualifying cogeneration facility issued on October 15, 1993 by FERC (x) shall not have been withdrawn or revoked by subsequent order and the fixed period for judicial or administrative appeal or review thereof shall have expired and (y) shall not be the subject of any pending administrative or judicial proceedings. The Administrative Agent and each Institution shall have received, with a copy for each Bank and the Issuing Bank, a true and complete copy of the FERC order referred to above and of the application therefor, certified by the Borrower as such.
Appears in 2 contracts
Sources: Loan and Reimbursement Agreement (Cogentrix Energy Inc), Loan and Reimbursement Agreement (Cogentrix Energy Inc)