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in the Base Case Financial Model and in the Project Budget are sufficient to carry <br />out the Project, pay all Total Project Costs anticipated for the Project and achieve <br />Substantial Completion by the Projected Substantial Completion Date; <br />(f)pursuant to Section 11(a)(viii)(2) of the WIFIA Loan Agreement, the Borrower has <br />obtained all Governmental Approvals necessary (i) as of the Effective Date in <br />connection with the Project and (ii) to execute and deliver, and perform its <br />obligations under the WIFIA Loan Documents, and each such Governmental <br />Approval is final, non-appealable and in full force and effect (and is not subject to <br />any notice of violation, breach or revocation); <br />(g)pursuant to Section 11(a)(viii)(3) of the WIFIA Loan Agreement, (i) the maximum <br />principal amount of the WIFIA Loan, together with the amount of any other credit <br />assistance provided under the Act to the Borrower, does not exceed forty-nine <br />percent (49%) of reasonably anticipated Eligible Project Costs and (ii) the total <br />federal assistance provided to the Project, including the maximum principal amount <br />of the WIFIA Loan, does not exceed eighty percent (80%) of Total Project Costs; <br />(h)pursuant to Section 11(a)(viii)(4) of the WIFIA Loan Agreement, the Borrower is <br />in compliance with NEPA and any applicable federal, state or local environmental <br />review and approval requirements with respect to the Project, and, if requested by <br />the WIFIA Lender, has provided evidence satisfactory to the WIFIA Lender of such <br />compliance; <br />(i)pursuant to Section 11(a)(viii)(5) of the WIFIA Loan Agreement, the Borrower has <br />developed, and identified adequate revenues to implement, a plan for operating, <br />maintaining and repairing the Project during its useful life; <br />(j)pursuant to Section 11(a)(viii)(6) of the WIFIA Loan Agreement, (i) the Borrower’s <br />Federal Employer Identification Number is 59-6000389, (ii) the Borrower’s Data <br />Universal Numbering System number is 071313951, and (iii) the Borrower has <br />registered with, and obtained confirmation of active registration status from, the <br />federal System for Award Management (www.SAM.gov), which confirmation is <br />attached hereto as Annex \[B\]; <br />(k)pursuant to Section 11(a)(viii)(7) of the WIFIA Loan Agreement, the CUSIP <br />number for the WIFIA Loan is 660899AA3; <br />(l)pursuant to Section 11(a)(viii)(8) of the WIFIA Loan Agreement, the <br />representations and warranties of the Borrower set forth in the WIFIA Loan <br />Agreement and in each other Related Document to which the Borrower is a party <br />are true and correct on and as of the date hereof, except to the extent that such <br />representations and warranties expressly relate to an earlier date, in which case such <br />representations and warranties were true and correct as of such earlier date; <br />(m)pursuant to Section 11(a)(viii)(9) of the WIFIA Loan Agreement, no Material <br />Adverse Effect, or any event or condition that could reasonably be expected to have <br />a Material Adverse Effect, has occurred or arisen since December 9, 2019; <br />EXHIBIT I-2 <br /> <br />