Common use of Access, Utilities, and Laws Clause in Contracts

Access, Utilities, and Laws. The Administrative Agent shall have received and approved (a) satisfactory evidence that the Land abuts and has fully adequate direct access to a public street (indication of such access on the as-built survey noted in clause (viii) above being deemed satisfactory evidence); (b) evidence that all utilities necessary for the Improvements are serving the Improvements in sufficient capacity (indication of such service on the as-built survey noted in clause (viii) above being deemed satisfactory evidence); (c) satisfactory evidence that all applicable zoning ordinances, restrictive covenants and governmental requirements affecting the Land permit the use for which the Property is intended and have been complied with without the necessity of variance and without the Property being a nonconforming use; (d) a true and correct copy of a valid and permanent certificate of occupancy (i.e., not temporary subject to the fulfillment of conditions) for the Improvements, together with all other relevant certifications from Governmental Authorities regarding the approval to operate the Improvements; and (e) evidence satisfactory to the Administrative Agent of compliance by the Borrower and the Property, and the proposed construction, use and occupancy of the Improvements, with such other applicable laws and governmental requirements as the Administrative Agent may request,

Appears in 3 contracts

Samples: Loan Agreement (Medcath Corp), Loan Agreement (Medcath Corp), Loan Agreement (Medcath Corp)

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Access, Utilities, and Laws. The Administrative Agent shall have received and approved For each Project to be added to the Collateral Pool (a) evidence satisfactory evidence to Administrative Agent in its good faith business judgment that the Land Project abuts and has fully adequate direct and free access to a one or more public street (indication streets, dedicated to public use, fully installed and accepted by the appropriate Tribunal and that there are no restrictions on the use and enjoyment of such access on streets which would materially adversely affect the as-built survey noted in clause (viii) above being deemed satisfactory evidence)Project; (b) evidence that all utilities necessary for the Improvements are serving the Improvements in sufficient capacity (indication of such service on the as-built survey noted in clause (viii) above being deemed reasonably satisfactory evidence); (c) satisfactory evidence to Administrative Agent that all applicable zoning ordinances, restrictive covenants and governmental requirements affecting the Land Collateral permit the use for which the Property Collateral is intended and have been or will be complied with without the necessity existence of variance any variance, non-complying use, nonconforming use or other special exception; (c) evidence satisfactory to Administrative Agent that the Land and without Improvements comply and will comply with all Laws and governmental requirements regarding subdivision and platting and would so comply if the Property being Land and the Improvements thereon were conveyed as a nonconforming useseparate parcel; and (d) if required by Administrative Agent, a true and correct copy of a valid and permanent certificate of occupancy (i.e., not temporary subject to the fulfillment of conditions) for the Improvements, together with all Improvements or other relevant certifications from Governmental Authorities regarding the approval to operate the Improvements; and (e) evidence satisfactory to the Administrative Agent of compliance by the Borrower and the Property, and the proposed construction, use and that all permits or approvals required for occupancy of the Improvements, with such other applicable laws and governmental requirements as the Administrative Agent may request,Improvements have been obtained.

Appears in 1 contract

Samples: Credit Agreement (Behringer Harvard Opportunity REIT I, Inc.)

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Access, Utilities, and Laws. The Administrative Agent shall have received and approved (a) Evidence satisfactory evidence to Administrative Agent that the Land Property abuts and has fully adequate direct and free access to a one or more public street (indication streets, dedicated to public use, fully installed and accepted by the appropriate Governmental Authority, that all fees, costs and expenses of the installation and acceptance thereof have been paid in full, and that there are no restrictions on the use and enjoyment of such access on streets which would adversely affect the as-built survey noted in clause (viii) above being deemed satisfactory evidence)Property; (b) evidence letters from the applicable utility companies or Governmental Authorities confirming that all utilities necessary for the Improvements are serving available at the Improvements Land in sufficient capacity (indication capacity, together with evidence satisfactory to Administrative Agent of paid impact fees, utility reservation deposits, and connection fees required to assure the availability of such service on the as-built survey noted in clause (viii) above being deemed satisfactory evidence)services; (c) evidence satisfactory evidence to Administrative Agent that all applicable zoning ordinances, restrictive covenants covenants, Laws and governmental requirements affecting the Land Property permit the use for which the Property is intended and have been or will be complied with without the necessity existence of variance and without the Property being a any variance, non-complying use, nonconforming useuse or other special exception; (d) a true evidence satisfactory to Administrative Agent that the Land and correct copy of a valid Improvements comply and permanent certificate of occupancy (i.e., not temporary subject to the fulfillment of conditions) for the Improvements, together will comply with all other relevant certifications from Governmental Authorities Laws and governmental requirements regarding subdivision and platting and would so comply if the approval to operate Land and the ImprovementsImprovements thereon were conveyed as a separate parcel; and (e) evidence satisfactory to the Administrative Agent of compliance by the Borrower and the Property, and the proposed construction, use and occupancy of the Improvements, with such other applicable laws Laws and governmental requirements as the Administrative Agent may request,.

Appears in 1 contract

Samples: Loan Agreement (Skechers Usa Inc)

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