Additional Reporting and Delivery Requirements on Completion Date. (a) As the Property nears Completion, the Construction Agent shall coordinate with the Agent regarding the date to be designated as the Completion Date, and no later than the Completion Date, the Construction Agent shall notify the Agent of the exact date of the Completion Date.
(b) Within three Business Days after the Completion Date, the Construction Agent shall deliver to the Agent an Officer’s Certificate in the form attached hereto as EXHIBIT F- 1 or in such other form as is acceptable to the Agent attaching the temporary certificate of occupancy for the Property and specifying:
(i) the address for the Property;
(ii) the Completion Date;
(iii) the aggregate Property Cost; and
(iv) that all representations and warranties of the Credit Parties in each of the Operative Agreements and each certificate delivered pursuant thereto are true and correct in all material respects as of the Completion Date (except representations and warranties which (i) expressly relate solely to an earlier date or time, in which case such representations and warranties were true and correct as of such earlier date or time or (ii) are qualified by materiality or references to Material Adverse Effect, which such representations and warranties shall be true and correct in all respects as of such date).
(c) Within thirty (30) days after the Completion Date:
(i) the Construction Agent shall deliver to the Agent an Officer’s Certificate in the form attached hereto as EXHIBIT F‑2 or in such other form as is acceptable to the Agent attaching:
(A) detailed, itemized documentation supporting the asserted Property Cost figures; and
(B) unconditional waivers of Lien covering all work and materials regarding the Property by the applicable general contractor or any subcontractors or suppliers;
(ii) the Construction Agent shall deliver or cause to be delivered to the Agent (unless previously delivered to the Agent) originals of the following relating to the Property, each of which shall be in form and substance acceptable to the Agent, in its reasonable discretion:
(A) a title insurance endorsement regarding the title insurance policy delivered in connection with the requirements of Section 5.3(g), but only to the extent such endorsement is necessary to provide for insurance in an amount at least equal to the maximum total Property Cost and, if endorsed, the endorsement shall not include a title change or exception that has or would reasonably be expected to have a Material Adverse Effect;
(B...
Additional Reporting and Delivery Requirements on Completion Date. On or prior to the Completion Date, the Construction Agent shall deliver to the Collateral Agent an Officer's Certificate in the form attached hereto as Exhibit D or in such other form as is acceptable to the Collateral Agent specifying (a) the Completion Date, (b) the aggregate Property Cost, (c) detailed, itemized documentation supporting the asserted Property Cost and (d) that all representations and warranties of the Construction Agent and Lessee in each of the Related Documents and each certificate delivered pursuant thereto (including, without limitation, the Incorporated Representations and Warranties) are true and correct in all material respects as of the Completion Date. The Collateral Agent shall have the right to contest the information contained in such Officer's Certificate. Furthermore, on or prior to the Completion Date, the Construction Agent shall deliver or cause to be delivered to the Collateral Agent (unless previously delivered to the Collateral Agent) originals of the following, each of which shall be in form and substance acceptable to the Collateral Agent, in its reasonable discretion: (x) a title insurance endorsement regarding the title insurance policy delivered in connection with the requirements of Section 5.3(g), but only to the extent such endorsement is necessary to provide for insurance in an amount at least equal to the maximum total Property Cost and, if endorsed, the endorsement shall not include a title change or exception objectionable to the Collateral Agent; (y) an as-built survey for the Property, (z) insurance certificates respecting the Property as required hereunder and under the Master Lease.
