4.4 The Board shall upon request from Project Co provide information to Project Co to show how the Service Payments (as altered in accordance with Section 3 of this Part 22 of the Schedule) and any capital sum payable in accordance with paragraph 3 of Section 2 of this Part 22 of the Schedule will be funded by the Board, including, to the extent that the Board is required to obtain the same, in accordance with the procedures applicable to the Board or the NHS (or any successor of it):
(a) written approval to the proposed Variation (and the financial consequences for the Board) by each of the Scottish Government Health Directorates Private Finance and Capital Unit and by the Scottish Ministers and giving satisfactory comfort to Project Co regarding affordability and the legal capacity of the Board to require and implement the variation, in the manner contemplated by the Variation Enquiry; and
(b) letters from the principal purchasers or commissioners of healthcare services from the Board (or their equivalent) confirming how the Variation is to be funded and, where required by such procedures, confirming their approval of the Variation,
and, where so requested, Project Co's satisfaction (acting reasonably and without delay) with the information referred to in this paragraph 4.4 shall be a condition of the Variation Confirmation becoming effective.
4.5 Upon the agreement or determination of all the matters referred to in paragraph 4.3, and upon any Consent having been modified or obtained, in accordance with paragraph 5 [Consents] in terms reasonably satisfactory to Project Co and the Board, and upon the provision by Project Co to the Board of evidence reasonably satisfactory to the Board of the availability of committed funding for the Variation (subject only to any condition relating to the issue of the Variation Confirmation pursuant to this paragraph), the Board's representative shall, by notice (a "Variation Confirmation") confirm the Variation. Upon the issue of the Variation Confirmation, the parties shall enter into the supplementary agreement referred to in paragraph 4.3, subject to and conditional upon any relevant funding procured by Project Co becoming unconditionally available for drawdown to Project Co.
4.6 Upon the Variation Confirmation being issued and the supplementary agreement referred to in paragraph 4.5 becoming unconditional in all respects:
(a) the relevant Variation shall be a Qualifying Variation; and
(b) the rights and liabilities of the parties under this Agreement shall be construed accordingly.