Common use of Conditions to Commission's Closing Obligation Clause in Contracts

Conditions to Commission's Closing Obligation. The Commission's obligation to proceed with the Closing is contingent upon satisfaction or the Commission's waiver of the following (collectively, the "Commission Closing Conditions"): (a) All representations and warranties of Developer made in this Agreement shall be true, correct and complete in all material respects on and as of the Closing Date, as if such representations and warranties were first made on the Closing Date, and Developer shall have delivered to the Commission a certificate providing that all representations and warranties of Developer made in this Agreement are true, correct and complete in all material respects on and as of the Closing Date. (b) Developer shall have delivered to the Commission all of Developer's Deliveries (as defined in Section 9.2) in accordance with the requirements of this Agreement. (c) Developer shall have performed in all material respects all covenants and obligations that are logically required to be performed by Developer on or before the Closing Date. (d) The Commission shall have approved the Project Plans. (e) Developer shall have provided the Commission with a general breakdown reasonably satisfactory to the Commission of Developer's Project funding sources (both from contributed equity and third-party debt) for the construction and completion of the Project in an amount equal to or exceeding projected Project Costs and Developer shall be able to close concurrently on the financing for the Project with the Property. (f) Developer shall have obtained, at Developer's expense, all necessary governmental and private approvals and permits, including any Governance Modifications required for the development and construction of the Project improvements and provided reasonable evidence thereof to the Commission. (g) Any other conditions reasonably required by the Commission and approved by Xxxxxxxxx; provided, however, such other conditions shall have been delivered in writing to Developer and approved by Developer on or before the expiration of the Due Diligence Period.

Conditions to Commission's Closing Obligation. The Commission's obligation to proceed with the Closing is contingent upon satisfaction or the Commission's waiver of the following (collectively, the "Commission Closing Conditions"): (a) All representations and warranties of Developer made in this Agreement shall be true, correct and complete in all material respects on and as of the Closing Date, as if such representations and warranties were first made on the Closing Date, and Developer shall have delivered to the Commission a certificate providing that all representations and warranties of Developer made in this Agreement are true, correct and complete in all material respects on and as of the Closing Date. (b) Developer shall have delivered to the Commission all of Developer's Deliveries the Developer Closing Documents (as defined in Section 9.29.1 (b)) in accordance with the requirements of this Agreement. (c) Developer shall have performed in all material respects all covenants and obligations that are logically required to be performed by Developer on or before the Closing Date. (d) The Commission shall have approved the Project PlansPlans and the Lender’s Construction Conditions. (e) Developer shall have provided the Commission with a general breakdown reasonably satisfactory to the Commission of Developer's Project funding sources (both from contributed equity and third-party debt) for the construction and completion of the Project in an amount equal to or exceeding projected Project Costs and Developer shall be able to close concurrently on the financing for the Project with the PropertyCosts. (f) Developer shall have obtained, at Developer's expense, all necessary governmental and private approvals and permits, including except for any Governance Modifications required for the development and construction of the Project improvements and provided reasonable evidence thereof to the Commission. (g) Any other conditions reasonably required by the Commission and approved by XxxxxxxxxDeveloper; provided, however, such other conditions shall have been delivered in writing to Developer and approved by Developer on or before the expiration of the Due Diligence PeriodDeadline.

Conditions to Commission's Closing Obligation. The Commission's obligation to proceed with the Closing is contingent upon satisfaction or the Commission's waiver of the following (collectively, the "Commission Closing Conditions"): (a) All representations and warranties of Developer made in this Agreement shall be true, correct and complete in all material respects on and as of the Closing Date, as if such representations and warranties were first made on the Closing Date, and Developer shall have delivered to the Commission a certificate providing that all representations and warranties of Developer made in this Agreement are true, correct and complete in all material respects on and as of the Closing Date. (b) Developer shall have delivered to the Commission all of Developer's Deliveries the Developer Closing Documents (as defined in Section 9.29.1 below) in accordance with the requirements of this Agreement. (c) Developer shall have performed in all material respects all covenants and obligations that are logically required to be performed by Developer on or before the Closing Date. (d) The Commission shall have approved the Project Plans. (e) Developer shall have provided the Commission with a general breakdown reasonably satisfactory to the Commission of Developer's Project funding sources (both from contributed equity and third-third party debt) for the construction and completion of the Project in an amount equal to or exceeding projected Project Costs and Developer shall be able to close concurrently on the financing for the Project with the Property. (f) Developer shall have obtained, at Developer's expense, all necessary governmental and private approvals and permits, including any Governance Modifications required for the development and construction of the Project improvements and provided reasonable evidence thereof to the Commission. (g) Any other conditions reasonably required by the Commission and approved by XxxxxxxxxDeveloper; provided, however, such other conditions shall have been delivered in writing to Developer and approved by Developer on or before the expiration of the Due Diligence PeriodDeadline.

Conditions to Commission's Closing Obligation. The Commission's obligation to proceed with the Closing is contingent upon satisfaction or the Commission's waiver of the following (collectively, the "Commission Closing Conditions"): (a) All representations and warranties of Developer made in this Agreement shall be true, correct and complete in all material respects on and as of the Closing Date, as if such representations and warranties were first made on the Closing Date, and Developer shall have delivered to the Commission a certificate providing that all representations and warranties of Developer made in this Agreement are true, correct and complete in all material respects on and as of the Closing Date. (b) Developer shall have delivered to the Commission all of Developer's Deliveries the Developer Closing Documents (as defined in Section 9.2hereinafter defined) in accordance with the requirements of this Agreement. (c) Developer shall have performed in all material respects all covenants and obligations that are logically required to be performed by Developer on or before the Closing Date. (d) The Commission shall have approved the Project Plans. (e) Developer shall have provided the Commission with a general breakdown reasonably satisfactory to the Commission of Developer's Project funding sources (both from contributed equity and third-third party debt) for the construction and completion of the Project in an amount equal to or exceeding projected Project Costs and Developer shall be able to close concurrently on the financing for the Project with the PropertyCosts. (f) Developer shall have obtained, at Developer's expense, all necessary governmental and private approvals and permits, including obtained any Governance Modifications required for the development and construction of the Project improvements and provided reasonable evidence thereof to the Commission. (g) Any . All other conditions reasonably required by the Commission and approved by Xxxxxxxxx; provided, however, such other conditions shall have been delivered in writing to Developer and approved approvals may be obtained by Developer on or before the expiration of the Due Diligence Periodpost-Closing.

Conditions to Commission's Closing Obligation. The Commission's obligation to proceed with the Closing is contingent upon satisfaction or the Commission's waiver of the following (collectively, the "Commission Closing Conditions"): (a) All representations and warranties of Developer made in this Agreement shall be true, correct and complete in all material respects on and as of the Closing Date, as if such representations and warranties were first made on the Closing Date, and Developer shall have delivered to the Commission a certificate providing that all representations and warranties of Developer made in this Agreement are true, correct and complete in all material respects on and as of the Closing Date.of (b) Developer shall have delivered to the Commission all of Developer's Deliveries (as defined in Section 9.2) the Developer closing documents in accordance with the requirements of this Agreement. (c) Developer shall have performed in all material respects all covenants and obligations that are logically required to be performed by Developer on or before the Closing Date. (d) The Commission shall have approved the Project Plans. (e) Developer shall have provided the Commission with a general breakdown reasonably satisfactory to the Commission of Developerdescribing Xxxxxxxxx's Project funding sources (both from contributed equity and third-party debt) for the construction and completion of the Project in an amount equal to or exceeding projected Project Costs and Developer shall be able to close concurrently on the financing for the Project with the PropertyCosts. (f) Developer shall have obtained, at Developer's expense, all necessary governmental and private approvals and permits, including any Governance Modifications required for the development and commencement of vertical construction of the Project improvements and provided reasonable evidence thereof to the Commission, which shall include the Rahal Consent described in Section 12.17. (g) Any other conditions reasonably required by the Commission and approved by XxxxxxxxxDeveloper; provided, however, such other conditions shall have been delivered in writing to Developer and approved by Developer on or before the expiration of the Due Diligence Site Inspection Period.