Conditional Releases. Duly executed acknowledgments of payments and releases of mechanics' and materialmen's liens in the form of Exhibit Y-2 from the Contractors and Subcontractors listed in clauses (i) and (ii) below for all work, services and materials, including equipment and fixtures of all kinds, done, performed or furnished for the construction of the Project from the last day covered by the immediately preceding Advance Request through the last day covered by the current Advance Request except for such work, services and materials the payment for which does not exceed, in the aggregate $10,000,000 and is being disputed in good faith, so long as (1) such proceedings shall not involve any substantial danger of the sale, forfeiture of loss or the Project or any Mortgaged Property, as the case may be, title thereto or any interest therein and shall not interfere in any material respect with the Project or any Mortgaged Property and (2) adequate cash reserves have been provided therefor through an allocation in the Anticipated Cost Report. The Persons required to provide such lien releases are:
Conditional Releases. Duly executed acknowledgments of payments and releases in the form of Exhibit N-2 or otherwise in form and substance reasonably satisfactory to the Bank Agent from the Lien Release Parties performing work and/or providing services (other than engineering, design, advisory or consulting) and/or providing and/or installing materials (other than Eligible FF&E), for all work, services and materials done, performed or furnished for the construction of each Active Project from the last day covered by the immediately preceding Advance Request through the last day covered by the current Advance Request, conditioned upon receiving payment from the proceeds of the requested Advance, except for work, services or materials the payment for which is being disputed in good faith, by appropriate means and with appropriate reserves through an allocation in the Anticipated Cost Reports which in the aggregate with all other amounts so reserved for all Active Projects shall not exceed $100,000,000; provided, however, that (i) for purposes of determining whether such $100,000,000 limit has been exceeded, contested amounts relating to any Construction Contract that have been terminated in accordance with Section 7.1.6(a) of this Agreement shall not be counted; and (ii) the Company shall not be required to provide such acknowledgements of payments and conditional releases from any Lien Release Party with a value or contract price of less than $500,000 (subject to an aggregate limit of $100,000,000 for all Active Projects, after which acknowledgements and releases shall be provided from each Lien Release Party regardless of the value or contract price of the work, services or materials being performed or provided by such Person);
Conditional Releases. Duly executed acknowledgments of payments and releases of mechanics’ and materialmen’s liens substantially in the form of Exhibit H-2 from the Contractors and Subcontractors listed in clauses (i) and (ii) below for all work, services and materials, including equipment and fixtures of all kinds, done, performed or furnished for the construction of each Project from November 30, 2004, except for such work, services and materials the payment for which does not exceed, in the aggregate $10,000,000 and is being disputed in good faith, so long as (1) such proceedings shall not involve any substantial danger of the sale, forfeiture or loss of either Project or any Mortgaged Property, as the case may be, title thereto or any interest therein and shall not interfere in any material respect with either Project or any Mortgaged Property and (2) adequate cash reserves have been provided therefor through an allocation in the Phase I Anticipated Cost Report. The Persons required to provide such lien releases are:
Conditional Releases. Duly executed acknowledgments of payments and releases of mechanics' and materialmen's Liens in form and substance reasonably satisfactory to the Administrative Agent (in consultation with the Construction Consultant) from the Design/Builder and each Contractor and Subcontractor for all work, services and materials, including equipment and fixtures of all kinds, done, performed or furnished for the construction of the Main Project through the Closing Date with a value or contract price in excess of $50,000, except for work, services or materials the payment for which is being disputed in good faith, by appropriate means and with appropriate reserves by the Borrower or which will be discharged after giving effect to such Advance.
Conditional Releases. Duly executed acknowledgments of payments and releases of mechanics' and materialmen's liens in form and substance reasonably satisfactory to the Administrative Agent and the Disbursement Agent (in consultation with the Construction Consultant) from the Design/Builder and each Contractor and Subcontractor for all work, services and materials, including equipment and fixtures of all kinds, done, performed or furnished for the construction of the Main Project with a value or price in excess of $50,000 through the date on which the Initial Advance is to be made or, if applicable, through the last day covered by the immediately preceding Advance Request, conditioned only upon receiving payment from the proceeds of the requested Advance, except for work, services or materials the payment for which is being disputed in good faith, by appropriate means and with appropriate reserves by the Borrower.
Conditional Releases. Duly executed acknowledgments of payments and releases of mechanics' and materialmen's liens in form and substance reasonably satisfactory to the Disbursement Agent (in consultation with the Construction Consultant) from the Construction Manager and each Contractor and Subcontractor for all work, services and materials, including equipment and fixtures of all kinds, done, performed or furnished for the construction of the Project from the last day covered by the immediately preceding Advance Request through the last day covered by the current Advance Request with a value or contract price in excess of $50,000, conditioned upon receiving payment from the proceeds of the requested Advance, except for work, services or materials the payment for which (i) is being disputed in good faith, by appropriate means and with appropriate reserves (through funds on deposit in the Lien Protection Account or funds to be deposited in the Lien Protection Account from the proceeds of the requested Advance which in the aggregate with all amounts on deposit therein shall not exceed $20,000,000). The Disbursement Agent may rely on the certification by the Company and the Construction Consultant set forth in their respective certificates relating to the requested Advance in determining that all Contractors and Subcontractors that will not be paid out of the requested Advance but who are required to deliver lien releases pursuant to clauses (a) and (b) above have delivered the same.
Conditional Releases. Simultaneously with the execution and delivery of this Agreement, each officer and director of DII has executed and delivered a Conditional Release, in the form of Exhibit 8.10 to this Agreement, to be effective only if the Effective Time occurs.
Conditional Releases. Simultaneously with the execution and delivery of this Agreement, each officer and director of X-Ray has executed and delivered a Conditional Release, in the form of Exhibit 8.10 to this Agreement, to be effective only if the Effective Time occurs.
Conditional Releases. Duly executed acknowledgments of payments and releases in the form of Exhibit U-2 (or, in the case of any Pre-Existing Construction Contract that requires the delivery of acknowledgements of payment and releases on a prescribed form, the form specified in such Pre-Existing Construction Contract) or otherwise in form and substance reasonably satisfactory to the Administrative Agent from the Lien Release Parties performing work and/or providing services (other than engineering, design, advisory or consulting) and/or providing materials and/or installing (other than Eligible FF&E), for all work, services and materials done, performed or furnished for the construction of the Project from the calendar month ending immediately prior to the Initial Borrowing Date through the Initial Borrowing Date, conditioned upon receiving payment from the proceeds of the requested Advance, except for claims for amounts due in respect of work, services or materials the payment for which is being disputed in good faith, by appropriate means and with appropriate reserves through an allocation in the Anticipated Cost Report for the Project which in the aggregate shall not exceed $100,000,000; provided, however, that (i) for purposes of determining whether such $100,000,000 limit has been exceeded, contested amounts relating to any Construction Contract that have been terminated (i) prior to the date hereof, to the extent that the reasonably expected aggregate settlement amount of such contested amounts under all such terminated contracts does not exceed the Pre-Closing Settlement Amount or (ii) after the date hereof without resulting in an Event of Default under subsection 8.12, shall not be counted; and (ii) the Borrower shall not be required to provide such acknowledgements of payments and conditional releases from any Lien Release Party with a value or contract price of less than $500,000 (subject to an aggregate limit of $100,000,000, after which acknowledgements and releases shall be provided from each Lien Release Party regardless of the value or contract price of the work, services or materials being performed or provided by such Person).
Conditional Releases. Duly executed acknowledgments of payments and an unconditional release (or an assignment) of all attendant mechanics' and materialmen's Liens in form and substance reasonably satisfactory to the Administrative Agent (in consultation with the Construction Consultant) from each Contractor and subcontractor for all work, services and materials, including equipment and fixtures of all kinds, done, performed or furnished for the construction of the Phase I-A Project with a value or contract price in excess of $50,000 through the date on which the Disbursement and/or Loan, as applicable, is to be made (except with respect to the initial Credit Extension which shall be through May 31, 2002), conditioned only upon receiving payment from the proceeds of the requested Credit Extension and/or Disbursement.
