Documents to be Furnished for Each Disbursement Sample Clauses

Documents to be Furnished for Each Disbursement. As a condition precedent to each disbursement of the Loan proceeds, Borrower shall furnish or cause to be furnished to Administrative Agent the following documents covering each disbursement, in form and substance satisfactory to Administrative Agent: (a) A completed Borrower’s Certificate in the form of Exhibit H attached hereto and made a part hereof, a completed Soft and Hard Cost Requisition Form in the form of Exhibit I attached hereto and made a part hereof certified by Borrower, each executed by a duly authorized representative of Borrower, together with pay applications (prepared using AIA Form G702 and G703) certified by Borrower with a soft cost register; (b) General Contractor’s sworn statements and unconditional waivers of lien as and to the extent required pursuant to the terms of the General Contract, as well as any and all subcontractors’, material suppliers’ and laborers’ conditional waivers of lien required per the terms of the General Contract; (c) Paid invoices or other evidence satisfactory to the Administrative Agent that fixtures and equipment have been paid for and are free of any lien or security interest therein; (d) An endorsement to the Title Policy issued to the Administrative Agent on behalf of the Lenders covering the date not more than twenty-nine (29) days prior to the date of disbursement, increasing the insured amount to the then-current Outstanding Loan Amount (after giving effect to such disbursement) and showing the Mortgage as a first and prior lien on the Subject Property subject only to the Permitted Exceptions and particularly that nothing has intervened to affect the validity or priority of the Mortgage; (e) Copies of any change orders, whether proposed or executed, which have not been previously furnished to the Administrative Agent; (f) Copies of all construction contracts (including subcontracts) which have been executed since the last disbursement; and (g) Such other instruments, documents and information as the Administrative Agent or the Title Insurer may reasonably request. Additionally, as a condition precedent to the first disbursement of the Loan proceeds during any given calendar month, the Administrative Agent shall have received a favorable interim inspection report completed by Lenders’ Consultant which report is reasonably satisfactory to the Administrative Agent in all respects.
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Documents to be Furnished for Each Disbursement. The MSD has furnished to the County, for each and every disbursement: (1) a Request for Disbursement; and (2) invoices and proof of payment for any Reimbursable Project Cost incurred by the MSD for which the MSD is seeking reimbursement from the County pursuant to the Request for Disbursement.
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Documents to be Furnished for Each Disbursement. As a condition precedent to each Mexican Draw Disbursement and of the Capex Loans (including the initial disbursement on the Closing Date), Borrowers shall furnish or cause to be furnished to Agent the following documents, in form and substance satisfactory to Agent: (i) a completed Mexican Project Draw Request and a completed Soft and Hard Cost Requisition Form in the form of Exhibit L attached hereto and made a part hereof, each executed by an Authorized Officer of the applicable Borrower; (ii) paid invoices or other evidence reasonably satisfactory to Agent that fixtures and equipment, if any, have been paid for and are free of any lien or security interest therein other than Permitted Exceptions, and Liens permitted pursuant to Section 5.9 hereof; (iii) copies of any proposed or executed Change Orders on standard AIA G701 form (or similar form reasonably acceptable to Agent) which have not been previously furnished to Agent and which require, and are not valid without, the signatures of the Construction Contractor and the Borrowers; (iv) copies of all Major Subcontracts which have been executed since the last disbursement; (v) all Required Permits as are applicable to the then current stage of development of the Construction at the time of each such disbursement; (vi) satisfactory evidence that all Governmental Approvals have been obtained for development of the Mexican Project; and (vii) such other instruments, documents and information as Agent may reasonably request. Each Mexican Draw Disbursement and disbursement of the Capex Loans, as applicable, other than the disbursement of the Capex Loans made on the Closing Date, shall be made approximately ten days after receipt of all information (including the notice requirements pursuant to Section 2.9(a)(ii) hereof) required by Agent to approve such requested disbursement.
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Documents to be Furnished for Each Disbursement. As a condition precedent to each disbursement of a portion of the Holdback, Borrowers shall furnish or cause to be furnished to Agent the following documents covering each disbursement, in form and substance satisfactory to Lender: (a) A completed Borrower’s Certificate executed by an Authorized Representative in the form of Exhibit I attached hereto or such other form as may be approved by Agent; (b) A completed pro forma covenant compliance certificate in the form attached hereto as Exhibit G; (c) The applicable Mortgage for any additional Project; (d) The applicable Assignment of Rents for any additional Project; (e) An assignment and subordination of the management agreement for the applicable Project in form and substance satisfactory to Agent in all respects; (f) The items covered in subparagraphs a, b, c, e, f, g, j, k, l, n, o and q of Section 8.1 for the applicable additional Project; and (g) Such other instruments, documents and information the Title Insurer may reasonably request. Disbursements shall be made approximately seven (7) Business Days after receipt of all information required by Lender to approve the requested disbursements.
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Documents to be Furnished for Each Disbursement. As a condition precedent to each disbursement of the Loan proceeds, Borrower shall furnish or cause to be furnished to Lender 10 the following documents covering each disbursement, in form and substance satisfactory to Lender: (a) Lender's form of Project Construction Statement properly executed by Borrower and Lender's Consulting Engineer in form substantially similar to the form attached as Exhibit E; (b) Sworn statements for contractors and subcontractors, covering all work for which disbursement is to be made to a date specified therein, and covering all work otherwise paid for or to be paid for in connection with the Construction; (c) Copies of any Change Orders, whether proposed or executed, which have not been previously furnished to Lender; (d) Copies of all construction contracts having a total contract amount in excess of $50,000 which have been executed since the last disbursement; (e) Such other documentation which may be necessary to enable the Title Insurer to issue a so-called date-down endorsement to the Loan Policy of Title Insurance; and (f) If any material dispute arises between or among Borrower, General Contractors, or any other contractors, subcontractors and/or material supplier, or if any Change Order is being negotiated by Borrower, upon written request, a written summary of the nature of such dispute, or the status of such negotiations, as the case may be.
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Documents to be Furnished for Each Disbursement. As a condition precedent to each disbursement of a portion of the Holdback, Borrowers shall furnish or cause to be furnished to Agent the following documents covering each disbursement, in form and substance satisfactory to Lender: (a) A completed Borrower’s Certificate executed by an Authorized Representative in the form of Exhibit I attached hereto or such other form as may be approved by Agent; and (b) A completed pro forma covenant compliance certificate in the form attached hereto as Exhibit G. Disbursements shall be made approximately seven (7) Business Days after receipt of all information required by Lender to approve the requested disbursements.
Sample 1
Documents to be Furnished for Each Disbursement. As a condition precedent to each disbursement of the proceeds of the Loan, the Borrower shall furnish or cause to be furnished to the Administrative Agent and the Lenders' Inspecting Architect, as applicable, the following documents covering each disbursement, in form and substance reasonably satisfactory to the Administrative Agent: (a) The AIA Draw Forms on a form acceptable to the Administrative Agent, executed and acknowledged by the Borrower, General Contractor and the Architect covering all work for which disbursement is to be made to a date specified therein, and covering all work otherwise paid for or to be paid for in connection with the Project;
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Documents to be Furnished for Each Disbursement 
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Related to Documents to be Furnished for Each Disbursement

  • Documents to be Furnished The following documents, including any amendments thereto, will be provided contemporaneously with the execution of the Agreement to the Custodian by the Trust: (a) A copy of the Trust’s declaration of trust, certified by the Secretary; (b) A copy of the Trust’s bylaws, certified by the Secretary; (c) A copy of the resolution of the Board of Trustees of the Trust appointing the Custodian, certified by the Secretary; (d) A copy of the current prospectus of the Fund (the “Prospectus”); (e) A certification of the Chairman or the President and the Secretary of the Trust setting forth the names and signatures of the current Officers of the Trust and other Authorized Persons; and (f) An executed authorization required by the Shareholder Communications Act of 1985, attached hereto as Exhibit E.

  • Documents to Be Given to Trustee The Trustee, subject to the provisions of Sections 6.1 and 6.2, shall be entitled to receive an Officers' Certificate and an Opinion of Counsel as conclusive evidence that any supplemental indenture executed pursuant to this Article Eight complies with the applicable provisions of this Indenture and that all conditions precedent to the execution and delivery of such supplemental indenture have been satisfied.

  • Documents to be Delivered by Xxxxxx(s) Each of the Holder(s) participating in any of the foregoing offerings shall furnish to the Company a completed and executed questionnaire provided by the Company requesting information customarily sought of selling security holders.

  • Documents to Be Delivered at Closing i. By the ISSUER (1) Board of Directors Minutes authorizing the issuance of a certificate or certificates for 20,000,000 Shares, registered in the names of the SHAREHOLDERS equal to their pro-rata holdings in BID. All certificates shall be delivered promptly after Closing. (2) The resignation of all officers of ISSUER. (3) A Board of Directors resolution appointing such person as SHAREHOLDERS designate as a director(s)

  • Money for Payments To Be Held in Trust As provided in Sections 5.04 and 8.02, all payments of amounts due and payable with respect to any Notes that are to be made from amounts withdrawn from the Collection Account and the Note Distribution Account pursuant to Section 8.02(c) shall be made on behalf of the Issuer by the Indenture Trustee or by another Paying Agent, and no amounts so withdrawn from the Collection Account and the Note Distribution Account for payments of Notes shall be paid over to the Issuer except as provided in this Section. On or before the Business Day immediately preceding each Payment Date and Redemption Date, the Issuer shall deposit or cause to be deposited in the Collection Account (to be transferred to the Note Distribution Account on the related Payment Date) an aggregate sum sufficient to pay the amounts then becoming due under the Notes, such sum to be held in trust for the benefit of the Persons entitled thereto, and (unless the Paying Agent is the Indenture Trustee) shall promptly notify the Indenture Trustee in writing of its action or failure so to act. The Issuer will cause each Paying Agent other than the Indenture Trustee to execute and deliver to the Indenture Trustee an instrument in which such Paying Agent shall agree with the Indenture Trustee (and if the Indenture Trustee acts as Paying Agent, it hereby so agrees), subject to the provisions of this Section, that such Paying Agent will: (i) hold all sums held by it for the payment of amounts due with respect to the Notes in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided and pay such sums to such Persons as herein provided; (ii) give the Indenture Trustee notice of any default by the Issuer (or any other obligor upon the Notes) of which it has actual knowledge in the making of any payment required to be made with respect to the Notes; (iii) at any time during the continuance of any such default, upon the written request of the Indenture Trustee, forthwith pay to the Indenture Trustee all sums so held in trust by such Paying Agent; (iv) immediately resign as a Paying Agent and forthwith pay to the Indenture Trustee all sums held by it in trust for the payment of Notes if at any time it ceases to meet the standards required to be met by a Paying Agent at the time of its appointment; and (v) comply with all requirements of the Code with respect to the withholding from any payments made by it on any Notes of any applicable withholding taxes imposed thereon and with respect to any applicable reporting requirements in connection therewith. The Issuer may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, by Issuer Order direct any Paying Agent to pay to the Indenture Trustee all sums held in trust by such Paying Agent, such sums to be held by the Indenture Trustee upon the same trusts as those upon which the sums were held by such Paying Agent; and upon such payment by any Paying Agent to the Indenture Trustee, such Paying Agent shall be released from all further liability with respect to such money. Subject to applicable laws with respect to escheat of funds, any money held by the Indenture Trustee or any Paying Agent in trust for the payment of any amount due with respect to any Note and remaining unclaimed for two years after such amount has become due and payable shall be discharged from such trust and be paid to the Issuer on Issuer Request; and the Holder of such Note shall thereafter, as an unsecured general creditor, look only to the Issuer for payment thereof (but only to the extent of the amounts so paid to the Issuer), and all liability of the Indenture Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided, however, that the Indenture Trustee or such Paying Agent, before being required to make any such repayment, shall at the expense and written direction of the Issuer cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in The City of New York, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to or for the account of the Issuer. The Indenture Trustee shall also adopt and employ, at the expense and written direction of the Issuer, any other reasonable means of notification of such repayment (including, but not limited to, mailing notice of such repayment to Holders whose Notes have been called but have not been surrendered for redemption or whose right to or interest in monies due and payable but not claimed is determinable from the records of the Indenture Trustee or of any Paying Agent, at the last address of record for each such Holder).

  • Additional Information to be Furnished to the Issuing Entity The Administrator shall furnish to the Issuing Entity from time to time such additional information regarding the Collateral as the Issuing Entity shall reasonably request.

  • Deposited Money and U.S. Government Obligations to Be Held in Trust; Other Miscellaneous Provisions Subject to Section 8.06, all money and non-callable U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 8.05, the “Trustee”) pursuant to Section 8.04 in respect of the outstanding Notes will be held in trust and applied by the Trustee, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as Paying Agent) as the Trustee may determine, to the Holders of such Notes of all sums due and to become due thereon in respect of principal, premium, if any, and interest, but such money need not be segregated from other funds except to the extent required by law. The Company will pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the cash or non-callable U.S. Government Obligations deposited pursuant to Section 8.04 or the principal and interest received in respect thereof other than any such tax, fee or other charge which by law is for the account of the Holders of the outstanding Notes. Notwithstanding anything in this Article 8 to the contrary, the Trustee will deliver or pay to the Company from time to time upon the request of the Company any money or non-callable U.S. Government Obligations held by it as provided in Section 8.04 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee (which may be the opinion delivered under Section 8.04(1)), are in excess of the amount thereof that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance.

  • Documents to be Filed with Appointment In connection with the appointment of Service Company as Transfer Agent and Dividend Disbursing Agent for Fund, there will be filed with Service Company the following documents: A. A certified copy of the resolutions of the Board of Trustees of Fund appointing Service Company as Transfer Agent and Dividend Disbursing Agent, approving the form of this Agreement, and designating certain persons to give written instructions and requests on behalf of Fund. B. A certified copy of the Agreement and Declaration of Trust of Fund and any amendments thereto. C. A certified copy of the Bylaws of Fund. D. Copies of Registration Statements filed with the Securities and Exchange Commission. E. Specimens of all forms of outstanding share certificates as approved by the Board of Trustees of Fund, with a certificate of the Secretary of Fund as to such approval. F. Specimens of the signatures of the officers of Fund authorized to sign share certificates and individuals authorized to sign written instructions and requests on behalf of Fund. G. An opinion of counsel for Fund: (1) With respect to Fund's organization and existence under the laws of The Commonwealth of Massachusetts. (2) With respect to the status of all shares of Fund covered by this appointment under the Securities Act of 1933, and any other applicable federal or state statute. (3) To the effect that all issued shares are, and all unissued shares will be when issued, validly issued, fully paid and non-assessable.

  • Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions Subject to the provisions of the last paragraph of Section 10.03, all money and Government Obligations (or other property as may be provided pursuant to Section 3.01) (including the proceeds thereof) deposited with a Trustee (or another trustee satisfying the requirements of Section 6.08 who shall agree to comply with the provisions of this Article Fourteen) pursuant to Section 14.04 in respect of such Securities and any related coupons shall be held in trust and applied by such Trustee, in accordance with the provisions of such Securities and any related coupons and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent), to the Holders of such Securities and any related coupons of all sums due and to become due thereon in respect of principal, premium (if any) and interest (if any) on such Securities but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 3.01, if, after a deposit referred to in Section 14.04(1) has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b) or the terms of such Security to receive payment in a Currency other than that in which the deposit pursuant to Section 14.04(1) has been made in respect of such Security, or (b) a Conversion Event occurs as contemplated in Section 3.12(d) or 3.12(e) or by the terms of any Security in respect of which the deposit pursuant to Section 14.04(1) has been made, the indebtedness represented by such Security and any related coupons shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal of, premium (if any) and interest (if any) on such Security as they become due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate for such Currency in effect on the third Business Day prior to each payment date, except, with respect to a Conversion Event, for such Currency in effect (as nearly as feasible) at the time of the Conversion Event. The Company shall pay and indemnify such Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 14.04 or the principal and interest received in respect thereof other than any such tax, fee or other charge which by law is for the account of the Holders of such Securities and any related coupons. Anything in this Article Fourteen to the contrary notwithstanding, such Trustee shall deliver or pay to the Company from time to time upon Company Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 14.04 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to such Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent defeasance or covenant defeasance, as applicable, in accordance with this Article Fourteen.

  • Government Obligations to Be Held in Trust; Other Miscellaneous Provisions Subject to the provisions of the last paragraph of Section 1003, all money and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee -- collectively, for purposes of this Section 1305, the "Trustee") pursuant to Section 1304 in respect of the Securities of such series shall be held in trust and applied by the Trustee, in accordance with the provisions of such Securities of such series and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent) as the Trustee may determine, to the Holders of the Securities of such series, of all sums due and to become due thereon in respect of principal (and premium, if any) and interest, but such money need not be segregated from other funds except to the extent required by law. The Company shall pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the U.S. Government Obligations deposited pursuant to Section 1304 or the principal and interest received in respect thereof other than any such tax, fee or other charge which by law is for the account of the Holders of the Outstanding Securities. Anything in this Article Thirteen to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or U.S. Government Obligations held by it as provided in Section 1304 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent defeasance or covenant defeasance.