Common use of Additional Reporting and Delivery Requirements on Completion Date Clause in Contracts

Additional Reporting and Delivery Requirements on Completion Date. RESPECTING EACH PROPERTY. ------------------------- On the Completion Date for each Property, the Construction Agent shall deliver to the Agent (with a copy to counsel for the Agent) an Officer's Certificate in the form attached hereto as Exhibit B specifying (a) the --------- Completion Date for the construction of Improvements at the Property and (b) the aggregate Property Cost for the Property. Such Officer's Certificate shall also include, in form reasonably acceptable to the Agent, detailed, itemized documentation supporting the asserted Property Cost figures and a certification to the effect that all Improvements have been made in accordance with all applicable material Legal Requirements, in a good and workmanlike manner in accordance with the Plans and Specifications and otherwise in full compliance with the standards and practices of the Construction Agent with respect to properties and improvements owned by the Construction Agent. The Agent shall have the right to contest the information contained in such Officer's Certificate. Furthermore, on the Completion Date for each Property, the Construction Agent shall deliver or cause to be delivered to the Agent (unless previously delivered to the Agent) originals of the following, each of which shall be in form reasonably acceptable to the Agent: (u) an as-built survey for the applicable Property; (v) insurance certificates respecting the Property as required hereunder and under the Lease Agreement; (w) a Lease Supplement, (x) a memorandum of the Lease and such Lease Supplement (in form suitable for recording), and (y) Lessor Financing Statements executed by the Lessee and the Lessor. In addition, as of the Completion Date for such Property the Construction Agent covenants and agrees that the recording fees, documentary stamp taxes or similar amounts required to be paid in connection with the related Mortgage Instrument shall be paid (or shall have been paid) in an amount required by applicable law.

Additional Reporting and Delivery Requirements on Completion Date. RESPECTING EACH PROPERTYRespecting Each Property. ------------------------- On the Completion Date for each Property, the Construction Agent shall deliver to the Agent (with a copy to counsel for the Agent) an Officer's Certificate in the form attached hereto as Exhibit B specifying (a) the --------- Completion Date for the construction of Improvements at the Property and (b) the aggregate Property Cost for the Property. Such Officer's Certificate shall also include, in form reasonably acceptable to the Agent, detailed, itemized documentation supporting the asserted Property Cost figures and a certification to the effect that all Improvements have been made in accordance with all applicable material Legal Requirements, in a good and workmanlike manner in accordance with the Plans and Specifications and otherwise in full compliance with the standards and practices of the Construction Agent with respect to properties and improvements owned by the Construction Agent. The Agent shall have the right to contest the information contained in such Officer's Certificate. Furthermore, on the Completion Date for each Property, the Construction Agent shall deliver or cause to be delivered to the Agent (unless previously delivered to the Agent) originals of the following, each of which shall be in form reasonably acceptable to the Agent: (u) an as-built survey for the applicable Property; (v) insurance certificates respecting the Property as required hereunder and under the Lease Agreement; (w) a Lease Supplement, (x) a memorandum of the Lease and such Lease Supplement (in form suitable for recording), and (y) Lessor Financing Statements executed by the Lessee and the Lessor. In addition, as of the Completion Date for such Property the Construction Agent covenants and agrees that the recording fees, documentary stamp taxes or similar amounts required to be paid in connection with the related Mortgage Instrument shall be paid (or shall have been paid) in an amount required by applicable law.

Additional Reporting and Delivery Requirements on Completion Date. RESPECTING EACH PROPERTY. ------------------------- On or prior to the Completion Date for each PropertyDate, the Construction Agent shall deliver to the Agent (with a copy to counsel for the Agent) an Officer's ’s Certificate in the form attached hereto as Exhibit B EXHIBIT E or in such other form as is satisfactory to the Agent, in its commercially reasonable discretion, specifying (a) the --------- Completion Date address for the construction of Improvements at the Property and Property, (b) the aggregate Completion Date, (c) the Property Cost for and (d) that every representation and warranty of each Credit Party contained in the Property. Such Officer's Certificate shall also include, in form reasonably acceptable Operative Agreements to the Agent, detailed, itemized documentation supporting the asserted Property Cost figures which it is a party is true and a certification to the effect that all Improvements have been made in accordance with all applicable material Legal Requirements, in a good correct on and workmanlike manner in accordance with the Plans and Specifications and otherwise in full compliance with the standards and practices as of the Construction Agent with respect to properties Completion Date in all material respects, except for any representation or warranty that is qualified by materiality or references Material Adverse Effect, which such representation or warranty shall be true and improvements owned correct in all respects (except for any such representation and warranty that by the Construction Agentits terms is made only as of an earlier date, which representation and warranty shall remain true and correct in all material respects as of such earlier date, except for any representation and warranty that is qualified by materiality or references Material Adverse Effect, which such representation and warranty shall be true and correct in all respects as of such earlier date). The Agent shall have the right to reasonably contest the information contained in such Officer's ’s Certificate. Furthermore, on or prior to the Completion Date for each PropertyDate, the Construction Agent shall deliver or cause to be delivered to the Agent (unless previously delivered to the Agent) originals of the followingfollowing relating to the Property, each of which shall be in form reasonably and substance acceptable to the Agent, in its commercially reasonable discretion: (uv) 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 could reasonably be expected to have a Material Adverse Effect; (w) an as-built as‑built survey for the applicable Property; (vx) insurance certificates respecting the Property as required hereunder and under the Lease AgreementLease; (w) a Lease Supplement, (x) a memorandum of the Lease and such Lease Supplement (in form suitable for recording), and (y) Lessor Financing Statements executed at the Lessor’s prior written request, an Appraisal regarding the Property; and (z) with respect to any Advances not contemplated in the original applicable Construction Budget, including by the Lessor pursuant to Section 5.16, the Lessee shall have caused to be delivered to the Agent an amendment to the applicable Mortgage Instrument (as is acceptable to the Agent, with revisions as necessary to conform to statutory recording requirements and the Lessorcustomary practice under Applicable Law). In addition, as of on the Completion Date for such Property Date, the Construction Agent covenants and agrees that the recording fees, documentary stamp taxes or similar amounts required to be paid in connection with the related Mortgage Instrument shall be paid (or shall have been paid) paid in an amount required by applicable lawApplicable Law, subject, however, to the obligations of the Lessor, the Mortgage Lenders and the Credit Lenders to fund such costs to the extent required pursuant to Section 7.1.

Additional Reporting and Delivery Requirements on Completion Date. RESPECTING EACH PROPERTY. ------------------------- On Within thirty (30) days after the Completion Date for each the Property, the Construction Agent shall deliver to the Agent (with a copy to counsel for the Agent) an Officer's ’s Certificate in the form attached hereto as Exhibit B EXHIBIT I or in such other form as is reasonably acceptable to the Agent specifying (a) the --------- Completion Date for the construction of Improvements at Property, (b) that the Property and is capable of operation in a commercially reasonable manner as a Permitted Facility, (bc) the aggregate Property Cost for the Property. Such Officer's Certificate shall also includeCost, in form reasonably acceptable to the Agent, detailed, itemized documentation supporting the asserted Property Cost figures and a certification to the effect (d) that all Improvements have been made in accordance with all applicable material Legal Requirements, in a good representations and workmanlike manner in accordance with the Plans and Specifications and otherwise in full compliance with the standards and practices warranties of the Construction Agent with respect to properties and improvements owned by Lessee in each of the Construction AgentOperative Agreements and each certificate delivered pursuant thereto are true and correct in all material respects as of the Completion Date. The Agent shall have the right to contest the information contained in such Officer's ’s Certificate. Furthermore, on or prior to the Completion Date for each the Property, the Construction Agent shall deliver or cause to be delivered to the Agent (unless previously delivered to the Agent) originals of the following, each of which shall be in form reasonably and substance acceptable to the Agent, in its reasonable discretion: (uv) a title insurance endorsement regarding the title insurance policies 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 reasonably objectionable to the Agent; (w) an as-built ALTA survey for the applicable Property; Property as built, (vx) insurance certificates respecting the Property as required hereunder and under the Lease Agreement; (w) a Lease Supplement, (x) a memorandum of the Lease and such Lease Supplement (in form suitable for recording), and (y) Lessor if reasonably requested by the Agent, amendments to the Primary Financing Party Financing Statements executed by the Lessee and the Lessorappropriate parties. In addition, as of on the Completion Date for such Property Date, the Construction Agent covenants and agrees that the recording fees, documentary stamp taxes or similar amounts required to be paid in connection with the related Mortgage Instrument shall be paid (or shall have been paid) paid in an amount required by applicable law.

Additional Reporting and Delivery Requirements on Completion Date. RESPECTING EACH PROPERTY. ------------------------- On Within thirty (30) days after the Completion Date for each the Property (but in no event later than the Completion Date for the Property), the Construction Agent shall deliver to the Agent (with a copy to counsel for the Agent) an Officer's ’s Certificate in the form attached hereto as Exhibit B EXHIBIT I or in such other form as is reasonably acceptable to the Agent specifying (a) the --------- Completion Date for the construction of Improvements at Property, (b) that the Property and is capable of operation in a commercially reasonable manner as a Permitted Facility, (bc) the aggregate Property Cost for the Property. Such Officer's Certificate shall also includeCost, in form reasonably acceptable to the Agent, detailed, itemized documentation supporting the asserted Property Cost figures and a certification to the effect (d) that all Improvements have been made in accordance with all applicable material Legal Requirements, in a good representations and workmanlike manner in accordance with the Plans and Specifications and otherwise in full compliance with the standards and practices warranties of the Construction Agent with respect to properties and improvements owned by Lessee in each of the Construction AgentOperative Agreements and each certificate delivered pursuant thereto are true and correct in all material respects as of the Completion Date. The Agent shall have the right to contest the information contained in such Officer's ’s Certificate. Furthermore, on or prior to the Completion Date for each the Property, the Construction Agent shall deliver or cause to be delivered to the Agent (unless previously delivered to the Agent) originals of the following, each of which shall be in form reasonably and substance acceptable to the Agent, in its reasonable discretion: (uv) 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 (divided between such policy in favor of the Lenders and the Lessor based on the percentages for Advances as set forth in Section 5.2(c)) and, if endorsed, the endorsement shall not include a title change or exception reasonably objectionable to the Agent; (w) an as-built ALTA survey for the applicable Property; Property as built, (vx) insurance certificates respecting the Property as required hereunder and under the Lease Agreement; (w) a Lease Supplement, (x) a memorandum of the Lease and such Lease Supplement (in form suitable for recording), and (y) Lessor if reasonably requested by the Agent, amendments to the Primary Financing Party Financing Statements executed by the Lessee and the Lessorappropriate parties. In addition, as of on the Completion Date for such Property Date, the Construction Agent covenants and agrees that the recording fees, documentary stamp taxes or similar amounts required to be paid in connection with the related Mortgage Instrument shall be paid (or shall have been paid) paid in an amount required by applicable law.