THE BORROWER, EXCEPT IN SUCH
FORM, CONDITION AND QUANTITY AS COULD NOT REASONABLY BE EXPECTED TO RESULT IN AN
ENVIRONMENTAL CLAIM.
(E)
THE BORROWER HAS NOT RECEIVED ANY LETTER OR REQUEST FOR INFORMATION UNDER
SECTION 104 OF THE CERCLA, OR COMPARABLE STATE LAWS, AND TO THE KNOWLEDGE OF THE
40
BORROWER, NONE OF THE OPERATIONS OF THE BORROWER IS THE SUBJECT OF ANY
INVESTIGATION BY A GOVERNMENTAL AUTHORITY EVALUATING WHETHER ANY REMEDIAL ACTION
IS NEEDED TO RESPOND TO A RELEASE OR THREATENED RELEASE OF ANY MATERIAL OF
ENVIRONMENTAL CONCERN AT THE PROJECT OR AT ANY OTHER LOCATION, INCLUDING ANY
LOCATION TO WHICH THE BORROWER HAS TRANSPORTED, OR ARRANGED FOR THE
TRANSPORTATION OF, ANY MATERIAL OF ENVIRONMENTAL CONCERN WITH RESPECT TO THE
PROJECT.
SECTION 5.20
REGULATIONS T, U AND X. THE BORROWER IS NOT ENGAGED IN THE
BUSINESS OF EXTENDING CREDIT FOR THE PURPOSE OF PURCHASING OR CARRYING MARGIN
STOCK, AND NO PROCEEDS OF ANY LOAN WILL BE USED FOR ANY PURPOSE THAT VIOLATES,
OR WOULD BE INCONSISTENT WITH, F.R.S. BOARD REGULATION T, U OR X. TERMS FOR
WHICH MEANINGS ARE PROVIDED IN F.R.S. BOARD REGULATION T, U OR X OR ANY
REGULATIONS SUBSTITUTED THEREFOR, AS FROM TIME TO TIME IN EFFECT, ARE USED IN
THIS SECTION 5.20 WITH SUCH MEANINGS.
SECTION 5.21
ACCURACY OF INFORMATION. (A)
ALL FACTUAL INFORMATION HERETOFORE
OR CONTEMPORANEOUSLY FURNISHED BY OR ON BEHALF OF ANY OF THE BORROWER OR THE
PLEDGORS IN THIS AGREEMENT, IN ANY OTHER TRANSACTION DOCUMENT OR OTHERWISE IN
WRITING TO ANY SENIOR SECURED PARTY, ANY CONSULTANT, OR COUNSEL FOR PURPOSES OF
OR IN CONNECTION WITH THIS AGREEMENT AND THE OTHER FINANCING DOCUMENTS OR ANY
TRANSACTION CONTEMPLATED HEREBY OR THEREBY (OTHER THAN PROJECTIONS, BUDGETS AND
OTHER "FORWARD-LOOKING" INFORMATION THAT HAVE BEEN PREPARED ON A REASONABLE
BASIS AND IN GOOD FAITH BY THE BORROWER) IS, WHEN TAKEN AS A WHOLE, TRUE AND
ACCURATE IN EVERY MATERIAL RESPECT AND SUCH INFORMATION IS NOT, WHEN TAKEN AS A
WHOLE, INCOMPLETE BY OMITTING TO STATE ANY MATERIAL FACT NECESSARY TO MAKE SUCH
INFORMATION NOT MISLEADING IN ANY MATERIAL RESPECT.
(B)
THE ASSUMPTIONS CONSTITUTING THE BASIS ON WHICH THE BORROWER PREPARED THE
CONSTRUCTION BUDGET AND THE FINANCIAL MODEL THAT ARE IN EFFECT ON EACH DATE THIS
REPRESENTATION IS MADE OR DEEMED REPEATED, AND THE NUMBERS SET FORTH THEREIN,
WERE DEVELOPED AND CONSISTENTLY UTILIZED IN GOOD FAITH AND ARE REASONABLE AND
REPRESENT THE BORROWER'S BEST JUDGMENT AS OF THE DATE PREPARED AS TO THE MATTERS
CONTAINED THEREIN, BASED ON ALL INFORMATION KNOWN TO THE BORROWER.
(C)
THE BORROWER REASONABLY BELIEVES THAT (I) THE CONVERSION DATE WILL OCCUR
ON OR BEFORE THE CONVERSION DATE CERTAIN AND (II) THE COST TO COMPLETE THE
ABERDEEN II PLANT WILL NOT EXCEED THE FUNDS AVAILABLE TO THE BORROWER (INCLUDING
FUNDS AVAILABLE UNDER THIS AGREEMENT, THE ACCOUNTS AGREEMENT, AND THE
SUBORDINATED DEBT.
(D)
THE BORROWER REASONABLY BELIEVES THAT THE DEVELOPMENT, ENGINEERING,
CONSTRUCTION, TESTING, START-UP, USE, OWNERSHIP, OPERATION AND MAINTENANCE OF
THE ABERDEEN II PLANT AND THE USE, OWNERSHIP, OPERATION AND MAINTENANCE OF THE
EXISTING