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basis for, nor proceeding that is pending or threatened that could reasonably be expected to result
<br />in, the revocation of any such Governmental Approval.
<br />(n)Principal Project Contracts. Attached as Schedule 12(n) (Principal Project
<br />Contracts) is a list of the Existing Principal Project Contracts and all Additional Principal Project
<br />Contracts that are expected to be entered into. With respect to each Principal Project Contract
<br />executed as of any date on which this representation and warranty is made, (x) it is in full force
<br />and effect, (y) all conditions precedent to the obligations of the respective parties under each such
<br />Principal Project Contract have been satisfied and (z) the Borrower has delivered to the WIFIA
<br />Lender a fully executed, complete and correct copy of each such Principal Project Contract,
<br />including any amendments or modifications thereto and any related credit support instruments or
<br />side letters. No event has occurred that gives the Borrower or, to the Borrower’s knowledge, any
<br />Principal Project Party, the right to terminate any such Principal Project Contract. The Borrower
<br />is not in breach of any material term in or in default under any of such Principal Project Contracts,
<br />and to the knowledge of the Borrower no party to any of such agreements or contracts is in breach
<br />of any material term therein or in default thereunder.
<br />(o)Information. The information furnished by, or on behalf of, the Borrower
<br />to the WIFIA Lender, when taken as a whole, is true and correct in all material respects (other than
<br />for projections and other forward-looking statements contained in the Base Case Financial Model
<br />and any Updated Financial Model which have been made in good faith and based on reasonable
<br />assumptions) and does not contain any untrue statement of a material fact or omit to state any
<br />material fact necessary to make the statements contained therein not misleading as of the date
<br />made or furnished.
<br />(p)Environmental Matters. Each of the Borrower and, to the Borrower’s
<br />knowledge, each Principal Project Party, is in compliance with all laws applicable to the System
<br />(including the Project) relating to (i) air emissions, (ii) discharges to surface water or ground water,
<br />(iii) noise emissions, (iv) solid or liquid waste disposal, (v) the use, generation, storage,
<br />transportation or disposal of toxic or hazardous substances or wastes, (vi) biological resources
<br />(such as threatened and endangered species), and (vii) other environmental, health or safety
<br />matters, including all laws applicable to the System (including the Project) (collectively, the
<br />“Environmental Laws”). All Governmental Approvals for the Project relating to Environmental
<br />Laws have been, or, when required, will be, obtained and are (or, as applicable, will be) in full
<br />force and effect. The Borrower has not received any written communication or notice, whether
<br />from a Governmental Authority, employee, citizens group, or any other Person, that alleges that
<br />the Borrower is not in full compliance with all Environmental Laws and Governmental Approvals
<br />relating thereto in connection with the Project and, to the Borrower’s knowledge, there are no
<br />circumstances that may prevent or interfere with full compliance in the future by the Borrower
<br />with any such Environmental Law or Governmental Approval. The Borrower has provided to the
<br />WIFIA Lender all material assessments, reports, results of investigations or audits, and other
<br />material information in the possession of or reasonably available to the Borrower regarding the
<br />Borrower’s or the Project’s compliance with (A) Environmental Laws and (B) Governmental
<br />Approvals that are required for the Project and relate to Environmental Laws.
<br />(q)Sufficient Rights. The Borrower possesses either valid legal and beneficial
<br />title to, leasehold title in, or other valid legal rights with respect to the real property relating to the
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