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Common use of Availability of Utilities Clause in Contracts

Availability of Utilities. All utility services necessary and sufficient for the construction, development and operation of the Project are presently, and will at all times be, available to the boundaries of the Land through dedicated public rights of way or through perpetual private easements, approved by the Lender, with respect to which the Mortgage creates a valid and enforceable first leasehold lien. The Borrower will also promptly obtain all utility installations and connections required for the operation and servicing of the Project for its intended purposes, and will furnish the Lender with evidence thereof.

Appears in 2 contracts

Samples: Loan Agreement (Sepracor Inc /De/), Loan Agreement (Sepracor Inc /De/)

Availability of Utilities. All That all utility services necessary and sufficient for the construction, development and operation of the Project Facility for its intended purposes are presently, and will at all times be, presently available to the boundaries of the Land through dedicated public rights of way or through perpetual private easements, approved by the LenderBank, with respect to which the Mortgage creates a valid valid, binding and enforceable first leasehold lien. The Borrower will also promptly obtain all utility installations , including, but not limited to, water supply, storm and connections required for the operation sanitary sewer, gas, electric and servicing of the Project for its intended purposestelephone facilities, and will furnish the Lender with evidence thereofdrainage.

Appears in 1 contract

Samples: Building Loan Agreement (Spurlock Industries Inc)

Availability of Utilities. All utility services necessary and sufficient for the construction, development use and operation of each property comprising the Project are presently, and will at all times be, available to the boundaries of each of the Land properties comprising the Project through dedicated public rights of way or through perpetual private easements, approved by the Lender, with respect to which the Mortgage creates Security Deeds create a valid and enforceable first leasehold lien. The Borrower will also promptly obtain Owner has obtained all utility installations and connections required for the operation and servicing of each of the properties comprising the Project for its intended purposes, and will furnish the Lender with evidence thereof.

Appears in 1 contract

Samples: Loan Agreement (Franklin Street Partners Lp)

Availability of Utilities. All That all utility services necessary and sufficient for the construction, development and operation of the Project for its intended purposes are presently, and will at all times be, presently available to the boundaries of the Land through dedicated public rights of way or through perpetual private easements, approved by the LenderBank, with respect to which the Mortgage creates a valid valid, binding and enforceable first leasehold lien. The Borrower will also promptly obtain all utility installations , including, but not limited to, water supply, storm and connections required for the operation sanitary sewer, gas, electric and servicing of the Project for its intended purposestelephone facilities, and will furnish the Lender with evidence thereofdrainage.

Appears in 1 contract

Samples: Building Loan Agreement (Angiodynamics Inc)

Availability of Utilities. All utility services necessary and sufficient for the construction, development use and operation of the Project are presently, and will at all times be, available to the boundaries of the Land through dedicated public rights of way or through perpetual private easements, approved by the Lender, with respect to which the Mortgage Security Deed creates a valid and enforceable first leasehold lien. The Borrower will also promptly obtain all utility installations and connections required for the operation and servicing of the Project for its intended purposes, and will furnish the Lender with evidence thereof.

Appears in 1 contract

Samples: Loan Agreement (Applied Science & Technology Inc)

Availability of Utilities. All That all utility services necessary and nd sufficient for the construction, development and operation of the Project Facility for its intended purposes are presently, and will at all times be, presently available to the boundaries of the Land through dedicated public rights of way or through perpetual private easements, approved by the LenderBank, with respect to which the Indenture and the Mortgage creates a valid create valid, binding and enforceable first leasehold lien. The Borrower will also promptly obtain all utility installations liens, including, but not limited to, water supply, storm and connections required for the operation sanitary sewer, gas, electric and servicing of the Project for its intended purposestelephone facilities, and will furnish the Lender with evidence thereofdrainage.

Appears in 1 contract

Samples: Building Loan Contract (Mechanical Technology Inc)