Draw Package. Administrative Agent shall have received the following in form and substance satisfactory to Administrative Agent (collectively, a “Draw Package”) at least 10 Business Days prior to the date of the requested Advance, which Draw Package shall be posted on an Electronic System accessible by the Lenders:
(i) a request in the form attached hereto as Exhibit I (a “Draw Request”) or as otherwise approved by Administrative Agent;
(ii) if applicable, as determined by Administrative Agent, a draw request certification from Contractor covering all or a portion of the requested Advance in the form of AIA Form G702 and G703 or an equivalent form acceptable to Administrative Agent (with Contractor’s sworn statement and application for payment attached thereto);
(iii) if applicable, as determined by Administrative Agent, a completed AIA Form G706 (Contractor’s Affidavit of Payment of Debts and Claims);
(iv) if applicable, as determined by Administrative Agent, a draw request certification from Proton System Supplier covering all or a portion of the requested Advance in a form acceptable to Administrative Agent (with Proton System Supplier’s sworn statement and application for payment attached thereto);
(v) duly executed lien waivers, satisfactory to Administrative Agent, from the Contractor for all work performed and all labor or material supplied for which payment thereof has been made prior to the date of the Initial Advance;
(vi) a list of Project Costs to be paid pursuant to the Draw Request, and, in the case of Soft Costs, copies of invoices for each item of Soft Costs certified by Borrower that such Project Costs is[are] in compliance with the Project Budget; and accompanied by a cost breakdown showing the cost of work on, and the cost of materials incorporated into, the Improvements to the date of the Draw Request. The cost breakdown shall also show the percentage of completion of each Line Item on the Project Budget, and the accuracy of the cost breakdown shall be certified by Borrower. All such applications for payment shall also show all contractors, including subcontracts, by name and trade, the total amount of each subcontract, the amount theretofore paid to each subcontractor as of the date of such application, and the amount to be paid from the proceeds of the Advance to each subcontractor;
(vii) copies of the then current and pending change order(s) and request for information logs, which shall be made available to the Independent Engineer for review in a...
Draw Package. Administrative Agent shall have received the following in form and substance satisfactory to Administrative Agent (collectively, a “Draw Package”) at least 10 Business Days prior to the date of the requested Advance, which Draw Package shall be posted on an Electronic System accessible by the Lenders:
(i) a request in the form attached hereto as Exhibit I (a “Draw Request”) or as otherwise approved by Administrative Agent;
(ii) if applicable, as determined by Administrative Agent, a draw request certification from Proton System Supplier covering all or a portion of the requested Advance in a form acceptable to Administrative Agent (with Proton System Supplier’s sworn statement and application for payment attached thereto);
(iii) a list of the Softs Costs and/or Proton System Costs to be paid from the requested Advance and copies of invoices for each item of Soft Costs and/or Proton System Costs certified by Borrower that such costs is[are] in compliance with the Project Budget; and
(iv) additional documentation as reasonably requested by Administrative Agent.
Draw Package. The Borrower shall have delivered to the Bank sworn statements, a schedule of costs by work trade category, waivers of lien, copies of all writings relating to the Project received or sent by the designee identified in the notice of commencement for the construction or environmental remediation during the period ending with the date of the request for advance, affidavits and certificates of the Borrower and/or the general contractor performing the construction or environmental remediation and assurances of payment acceptable to the Bank of the general contractor, if any, and all trade contractors, subcontractors and materialmen, which shall cover all work, labor and materials (including equipment and fixtures of all kinds) done, performed or furnished for the construction or environmental remediation to the date of the request.
Draw Package. Lender shall have received the following in form and substance satisfactory to Lender (collectively, a “Draw Package”) at least ten (10) Business Days prior to the date of the requested Advance:
(i) an Advance Request for the applicable requested Advance;
(ii) a draw request certification from Contractor covering the requested Advance in the form of AIA Form G702 and G703 or an equivalent form acceptable to Lender (with Contractor’s sworn statement and application for payment attached thereto);
(iii) copies of billing statements, vouchers and invoices relating to the costs of the items to be paid from the requested Advance;
(iv) copies of lien waivers in the form required by applicable Texas statutory requirements (if any) or other form acceptable to Lender, executed by Contractor and each first tier subcontractor and supplier for all Hard Costs included in prior Advance Requests and confirming that all amounts owing and payable with respect to such work and costs (other than applicable retainage) have been fully paid;
(v) to the extent not previously delivered to Lender, copies of all permits, certificates, licenses and approvals required under applicable Legal Requirements for the construction of the Improvements as of the date of the requested Advance and copies of all subcontracts; and
(vi) additional documentation reasonably requested by Lender, including without limitation, other evidence reasonably satisfactory to Lender that all prior Advances have been used for purposes described in this Agreement and to confirm that construction of the Improvements is proceeding on schedule and in compliance with the Plans and Specifications and applicable Legal Requirements.
Draw Package. Lender shall have received the following in form and substance satisfactory to Lender (collectively, a “Draw Package”) at least ten (10) Business Days prior to the date of the requested Advance:
(i) a request for loan advance in the form approved by Lender;
(ii) a draw request certification from the Contractor covering the requested Advance in the form of AIA Form G702 and G703 or an equivalent form acceptable to Lender (with Contractor’s sworn statement and application for payment attached thereto);
(iii) to the extent required by Lender and to the extent required by the Title Company to deliver the endorsements required by Section 2.03(d) hereof, copies of partial lien waivers or releases of lien for all lienable work done and materials delivered;
(iv) a list of Soft Costs to be paid from the requested Advance, and copies of invoices for each item of Soft Costs;
(v) copies of the then current and pending change order and request for information logs, which shall be made available to the Inspecting Professional for review in accordance with Section 4.04;
(vi) to the extent not previously delivered to Lender, copies of all permits, certificates, licenses and approvals required under applicable Legal Requirements for the construction of the Improvements as of the date of the requested Advance and copies of all subcontracts; and
(vii) additional documentation reasonably requested by Lender.
Draw Package. Lender shall have received the following in form and substance satisfactory to Lender (collectively, a “Draw Package”) at least ten (10) Business Days prior to the date of the requested Advance:
(i) a fully completed and executed request for loan advance in the form of Schedule 1 attached;
(ii) a Project Summary and Transfer Request in form and detail acceptable to Lender in its commercially reasonable judgment;
(iii) a list of Soft Costs to be paid from the requested Advance, and copies of invoices for each item of Soft Costs;
(iv) an AIA Form G702 and G703 or similar form from the Contractor (with Contractor’s sworn statement and application for payment attached);
(v) copies of invoices and conditional and unconditional partial lien waivers or releases of lien (or, in the case of an Advance for payment of final construction costs and release of retainage to the Contactor, an unconditional final lien waiver or release of lien) for all lienable work done and materials delivered;
(vi) Borrower shall require Contractor to provide to the Inspecting Professional: current copies of all executed change orders for the requested Advance, PCO and CO logs, RFI logs, buy-out logs, executed subcontracts, subcontractor applications for payment, material testing logs, meeting minutes, lien waiver tracking logs and current updated construction schedule;
(vii) a current schedule of Stored Materials and a schedule of materials with deposits acceptable to Lender in its commercially reasonable judgment;
(viii) a list of Tenant Allowance Payments to be paid from the requested Advance, copies of the requests from tenants for the payment of such Tenant Allowance Payments and evidence that all of the conditions for such payment under the applicable Approved Lease have been satisfied;
