A TITLE CONTINUATION AND AN ENDORSEMENT TO THE TITLE INSURANCE POLICY,
WHICH ENDORSEMENT SHALL HAVE THE EFFECT OF (I) UPDATING THE DATE OF THE
TITLE INSURANCE POLICY TO THE DATE OF THE REQUESTED FUNDING AND (II) PROVIDING
FULL MECHANICS' LIEN COVERAGE.
(D)
UPDATED SURVEY. IF THE BORROWER OWNS OR ACQUIRES ANY LAND (LEASEHOLD, FEE
OR EASEMENT) NOT SHOWN ON THE THEN-CURRENT SURVEY, THE ADMINISTRATIVE AGENT
SHALL HAVE RECEIVED AN UPDATED SURVEY OF THE SITE INCLUDING SUCH NEW LEASEHOLD,
FEE OR EASEMENT AREAS.
(E)
MECHANIC'S LIENS. THERE ARE NO MECHANIC'S, WORKMEN'S, MATERIALMEN'S,
CONSTRUCTION OR OTHER LIKE LIENS ENCUMBERING THE COLLATERAL (OTHER THAN
PERMITTED LIENS), REGARDLESS OF WHETHER SUCH LIENS APPEAR AS AN EXCEPTION TO THE
TITLE INSURANCE POLICY OR THE TITLE CONTINUATION.
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(F)
ADDITIONAL PROJECT DOCUMENTS. AN AUTHORIZED OFFICER OF THE BORROWER SHALL
HAVE CERTIFIED THAT THE BORROWER HAS PROVIDED TO THE ADMINISTRATIVE AGENT COPIES
OF ANY ADDITIONAL PROJECT DOCUMENT ENTERED INTO BY THE BORROWER SINCE THE DATE
OF THIS AGREEMENT, TOGETHER WITH ALL AMENDMENTS, SUPPLEMENTS, SCHEDULES AND
EXHIBITS THERETO AND THE ANCILLARY DOCUMENTS RELATING THERETO, EACH OF WHICH
(I) SHALL HAVE BEEN DULY AUTHORIZED, EXECUTED AND DELIVERED BY EACH PERSON PARTY
THERETO, AND (II) SHALL BE IN FULL FORCE AND EFFECT.
SECTION 6.03
CONDITIONS TO TERM LOAN FUNDING. IN ADDITION TO THE CONDITIONS
SET FORTH IN SECTION 6.05 (CONDITIONS TO ALL FUNDINGS AND ISSUANCES), THE
OBLIGATION OF EACH CONSTRUCTION/TERM LENDER TO MAKE ITS TERM LOANS SHALL BE
SUBJECT TO THE FULFILLMENT OF THE FOLLOWING CONDITIONS PRECEDENT.
(A)
TERM NOTES. EACH CONSTRUCTION/TERM LENDER SHALL HAVE RECEIVED A TERM NOTE,
PAYABLE TO SUCH LENDER IN THE AMOUNT OF SUCH LENDER'S TERM LOAN COMMITMENT, DULY
EXECUTED BY THE BORROWER AND OTHERWISE COMPLYING WITH THE PROVISIONS OF SECTION
2.07 (EVIDENCE OF INDEBTEDNESS).
(B)
CONSTRUCTION LOAN PAYOFF. ALL OF THE CONSTRUCTION LOANS SHALL HAVE BEEN OR
SHALL SIMULTANEOUSLY BE REPAID WITH THE PROCEEDS OF SUCH TERM LOANS.
(C)
FINAL COMPLETION DATE. THE FINAL COMPLETION DATE FOR THE ABERDEEN II PLANT
SHALL HAVE OCCURRED.
(D)
FINAL COMPLETION CERTIFICATE. THE ADMINISTRATIVE AGENT SHALL HAVE RECEIVED
A FINAL COMPLETION CERTIFICATE FOR THE ABERDEEN II PLANT, IN THE FORM OF EXHIBIT
Q-1 DULY EXECUTED BY THE INDEPENDENT ENGINEER AND A FINAL COMPLETION CERTIFICATE
IN THE FORM OF EXHIBIT Q-2 DULY EXECUTED BY THE BORROWER.
(E)
INSURANCE. THE ADMINISTRATIVE AGENT SHALL HAVE RECEIVED BINDERS OR
CERTIFICATES EVIDENCING THE COMMITMENT OF INSURERS TO PROVIDE THE INSURANCE
POLICIES REQUIRED BY SECTION 7.01(H) (AFFIRMATIVE COVENANTS - INSURANCE),
TOGETHER WITH EVIDENCE OF THE PAYMENT OF ALL PREMIUMS THEN DUE AND PAYABLE IN
RESPECT OF SUCH INSURANCE POLICIES AND A CERTIFICATE OF THE BORROWER'S INSURANCE
BROKER (OR INSURANCE CARRIER) CERTIFYING THAT ALL SUCH INSURANCE POLICIES ARE IN
FULL FORCE AND EFFECT, AND THE ADMINISTRATIVE AGENT SHALL HAVE RECEIVED A
CERTIFICATE OF THE INSURANCE CONSULTANT IN SUBSTANTIALLY THE FORM OF EXHIBIT I
WITH RESPECT THERETO.
(F)
SECURITY. THE ADMINISTRATIVE AGENT SHALL HAVE RECEIVED EVIDENCE THAT
(I) THE COLLATERAL AGENT CONTINUES TO HAVE A PERFECTED FIRST PRIORITY SECURITY
INTEREST IN ALL RIGHT, TITLE AND INTEREST