Closeout of the Project Fund. The Completion Date for the Project shall be promptly established and evidenced to the Trustee and shall be the date on which the Company Representative delivers to the Trustee a certificate stating that, except for amounts retained by the Trustee at the Company's direction for any Cost of the Project not then due and payable, the Construction of the Project has been completed substantially in accordance with the plans and specifications, if any, and all costs and expenses incurred in connection therewith have been paid. Notwithstanding the foregoing, such certificate may state that it is given without prejudice to any rights against third parties that exist at the date of such certificate or that may subsequently come into being.
Appears in 3 contracts
Samples: Loan Agreement (Lower Road Associates LLC), Loan Agreement (Aaron Rents Inc), Lease Agreement (Laralev Inc)
Closeout of the Project Fund. The Completion Date for the Project shall be promptly established and evidenced to the Trustee and shall be the date on which the Company Borrower Representative delivers to the Trustee a certificate stating that, except for the amounts retained by the Trustee at the CompanyBorrower's direction for any Cost of Acquisition of the Project not then due and payable, the Construction Acquisition of the Project has been completed substantially in accordance with the plans Plans and specificationsSpecifications, if any, and all costs and expenses incurred in connection therewith have been paid. Notwithstanding the foregoing, such certificate may state that it is given without prejudice to any rights against third parties that exist at the date of such certificate or that may subsequently come into being.
Appears in 2 contracts
Samples: Loan Agreement (Genlyte Group Inc), Loan Agreement (Dollar Tree Stores Inc)
Closeout of the Project Fund. The Completion Date for the Project shall be promptly established and evidenced to the Trustee and shall be the date on which the Company Representative delivers to the Trustee a certificate stating that, except for the amounts retained by the Trustee at the Company's ’s written direction for any Cost of the Project not then due and payable, the Construction of the Project has been completed substantially in accordance with the plans and specifications, if anyPlans, and all costs and expenses incurred in connection therewith have been paid. Notwithstanding the foregoing, such certificate may state that it is given without prejudice to any rights against third parties that exist at the date of such certificate or that may subsequently come into being.
Appears in 2 contracts
Samples: Loan Agreement (New Ships, Inc.), Loan Agreement (New Ships, Inc.)
Closeout of the Project Fund. The Completion Date for the Project shall be promptly established and evidenced to the Trustee and the Bank and shall be the date on which the Company Borrower Representative delivers to the Trustee and the Bank a certificate stating that, except for the amounts retained by the Trustee at the CompanyBorrower's direction for any Cost of Acquisition of the Project not then due and payable, the Construction Acquisition of the Project has been completed substantially in accordance with the plans Plans and specificationsSpecifications, if any, and all costs and expenses incurred in connection therewith have been paid. Notwithstanding the foregoing, such certificate may state that it is given without prejudice to any rights against third parties that exist at the date of such certificate or that may subsequently come into being.
Appears in 1 contract
Samples: Loan Agreement (Heico Corp)