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(vii)The Borrower shall have delivered to the WIFIA Lender the Non- <br />Lobbying Certificate. <br />(viii)The Borrower shall have delivered to the WIFIA Lender a <br />certificate, signed by the Borrower’s Authorized Representative, substantially in the form <br />attached hereto as Exhibit I (Form of Closing Certificate) (the “Closing Certificate”) <br />(A) designating the Borrower’s Authorized Representative, (B) confirming such person’s <br />position and incumbency, and (C) certifying as to the satisfaction of the following <br />conditions precedent: <br />(1)the aggregate of all funds committed to the development and <br />construction of the Project as set forth in the Base Case Financial Model <br />and in the Project Budget are sufficient to carry out the Project, pay all Total <br />Project Costs anticipated for the Project and achieve Substantial <br />Completion by the Projected Substantial Completion Date; <br />(2)the Borrower has obtained all Governmental Approvals <br />necessary (x) as of the Effective Date in connection with the Project and <br />(y) to execute and deliver, and perform its obligations under the WIFIA <br />Loan Documents, and all such Governmental Approvals are final, non- <br />appealable, and in full force and effect (and are not subject to any notice of <br />violation, breach, or revocation); <br />(3)as of the Effective Date, (x) the maximum principal amount <br />of the WIFIA Loan, together with the amount of any other credit assistance <br />provided under the Act to the Borrower, does not exceed forty-nine percent <br />(49%) of reasonably anticipated Eligible Project Costs and (y) the total <br />federal assistance provided to the Project, including the maximum principal <br />amount of the WIFIA Loan, does not exceed eighty percent (80%) of Total <br />Project Costs; <br />(4)the Borrower is in compliance with NEPA and any <br />applicable federal, state or local environmental review and approval <br />requirements with respect to the Project, and, if requested by the WIFIA <br />Lender, has provided evidence satisfactory to the WIFIA Lender of such <br />compliance; <br />(5)the Borrower has developed, and identified adequate <br />revenues to implement, a plan for operating, maintaining and repairing the <br />Project during its useful life; <br />(6)the Borrower has (x) obtained a Federal Employer <br />Identification Number, (y) obtained a Data Universal Numbering System <br />number, and (z) registered with, and obtained confirmation of active <br />registration status from, the federal System for Award Management <br />(www.SAM.gov); <br />25 <br /> <br />