Common use of Disbursements for Materials Stored On-Site Clause in Contracts

Disbursements for Materials Stored On-Site. Any requests for disbursements which in whole or in part relate to materials, equipment or furnishings which Borrower owns and which are not incorporated into the Improvements as of the date of the request for disbursement, but are to be temporarily stored at the Project, shall be made in an aggregate amount not to exceed $10,000,000. Any such request must be accompanied by evidence satisfactory to Agent that (i) such stored materials are included within the coverages of insurance policies carried by Borrower, (ii) the ownership of such materials is vested in Borrower free of any liens and claims of third parties, (iii) such materials are properly insured and protected against theft or damage, (iv) the materials used in the Construction are not commodity items but are uniquely fabricated for the Construction, (v) the Lender’s Consultant has viewed and inspected the stored materials, and (vi) in the opinion of the Lender’s Consultant the stored materials are physically secured and can be incorporated into the Project within forty five (45) days. Agent may require separate Uniform Commercial Code financing statements to cover any such stored materials.

Appears in 2 contracts

Samples: Construction Loan Agreement, Construction Loan Agreement (Dupont Fabros Technology, Inc.)

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Disbursements for Materials Stored On-Site. Any requests for disbursements which in whole or in part relate to materials, materials or equipment or furnishings which Borrower owns and which are not incorporated into the Improvements as of the date of the request for disbursement, but are to be temporarily stored at the Project, shall be made in an aggregate amount not to exceed $10,000,000Lender’s reasonable discretion. Any such request must be accompanied by evidence satisfactory to Agent Lender that (i) such stored materials are included within the coverages of insurance policies carried by Borrower, (ii) the ownership of such materials is vested in Borrower free of any liens and claims of third parties, (iii) such materials are properly insured and protected against theft or damage, (iv) the materials used in the Construction are not commodity items but are uniquely fabricated for the Construction, (v) the Lender’s Consultant has viewed and inspected the stored materials, and (vi) in the opinion of the Lender’s Consultant the stored materials are physically secured and can be incorporated into the Project within forty five (45) days. Agent Lender may require separate Uniform Commercial Code financing statements to cover any such stored materials.

Appears in 1 contract

Samples: Development Loan Agreement (Wellsford Real Properties Inc)

Disbursements for Materials Stored On-Site. Any requests for disbursements which in whole or in part relate to materials, equipment or furnishings which Borrower owns and which are not incorporated into the Improvements as of the date of the request for disbursement, but are to be temporarily stored at the Project, shall be made in an aggregate amount not to exceed $10,000,000. Any such request must be accompanied by evidence satisfactory to Agent Lender that (i) such stored materials are included within the coverages of insurance policies carried by Borrower, (ii) the ownership of such materials is vested in Borrower free of any liens and claims of third parties, (iii) such materials are properly insured and protected against theft or damage, (iv) the materials used in the Construction are not commodity items but are uniquely fabricated for the Construction, (v) the Lender’s 's Consultant has viewed and inspected the stored materials, and (vi) in the opinion of the Lender’s Consultant 's Consultant, the stored materials are physically secured and can be incorporated into the Project within forty five (45) daysdays from the date of the request. Agent Lender may require separate Uniform Commercial Code financing statements to cover any such stored materials.

Appears in 1 contract

Samples: Construction Loan Agreement (Medical Properties Trust Inc)

Disbursements for Materials Stored On-Site. Any requests for disbursements which in whole or in part relate to materials, equipment or furnishings which Borrower owns and which are not incorporated into the Improvements as of the date of the request for disbursement, but are to be temporarily stored at the Project, shall be made in an aggregate amount not to exceed $10,000,000250,000. Any such request must be accompanied by evidence satisfactory to Agent that (i) such stored materials are included within the coverages of insurance policies carried by Borrower, (ii) the ownership of such materials is vested in Borrower free of any liens and claims of third parties, (iii) such materials are properly insured and protected against theft or damage, (iv) the materials used in the Construction are not commodity items but are uniquely fabricated for the Construction, (v) the Lender’s Consultant has viewed and inspected the stored materials, and (vi) in the opinion of the Lender’s Consultant the stored materials are physically secured and can be incorporated into the Project within forty five (45) days. Agent may require separate Uniform Commercial Code financing statements to cover any such stored materials.

Appears in 1 contract

Samples: Construction Loan Agreement (Republic Property Trust)

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Disbursements for Materials Stored On-Site. Any requests for disbursements which in whole or in part relate to materials, equipment or furnishings which Borrower owns and which are not incorporated into the Improvements as of the date of the request for disbursement, but are to be temporarily stored at the ProjectProperty, shall be made in an aggregate amount not to exceed $10,000,000250,000. Any such request must be accompanied by evidence satisfactory to Agent Lender that (i) such stored materials are included within the coverages of insurance policies carried by Borrower, (ii) the ownership of such materials is vested in Borrower free of any liens and claims of third parties, (iii) such materials are properly insured and protected against theft or damage, (iv) the materials used in the Construction are not commodity items but are uniquely fabricated for the Construction, (v) the Lender’s Consultant has viewed and inspected the stored materials, and (vi) in the opinion of the Lender’s Consultant the stored materials are physically secured and can be incorporated into the Project Facility within forty five (45) days. Agent Lender may require separate Uniform Commercial Code financing statements to cover any such stored materials.

Appears in 1 contract

Samples: Loan Agreement (Emeritus Corp\wa\)

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