Common use of Establishment of Completion Date Clause in Contracts

Establishment of Completion Date. The Completion Date for the 2003 Facility and any Additional Facilities, to the extent applicable, shall be evidenced to the Trustee and the Credit Facility Provider by the Borrower’s delivery to the Trustee, the Issuer and the Credit Facility Provider of a Completion Certificate (appropriately completed) substantially in the form attached to this Loan Agreement as Exhibit A and made a part hereof. Upon receipt of a Completion Certificate for the 2003 Facility and any Additional Facilities, the Trustee shall apply any Excess Bond Proceeds remaining in the Facility Fund with respect thereto, other than moneys necessary for the payment of Facility Costs incurred by the Borrower but not then due or payable, as provided in Section 5.5 of the Indenture. With respect to Excess Bond Proceeds remaining in the Facility Fund after the Completion Date, the Borrower shall direct the Trustee in writing (a) to apply such Excess Bond Proceeds to redeem Bonds of the Series from which the Excess Bond Proceeds derive pursuant to Section 5.5 of the Indenture, or (b) to apply such Excess Bond Proceeds to purchase Bonds Tendered or Deemed Tendered for Purchase. If any portion of such Excess Bond Proceeds aggregating less than an Authorized Denomination is not used to redeem or purchase Bonds as provided in the preceding sentence or to pay the Borrower’s reimbursement obligations to the Credit Facility Provider to the extent of drawings paid by the Credit Facility Provider to redeem or purchase Bonds as provided in the preceding sentence, within 12 months of being deposited in the Principal Account or the Purchase Account, as the case may be, such Excess Bond Proceeds shall be applied as provided in Section 5.5 of the Indenture. Notwithstanding the foregoing, the Completion Certificate shall state that it is given without prejudice to any rights against third parties which exist at the date of the Completion Certificate or which may subsequently come into being. It shall be the duty of the Borrower to cause the Completion Certificates to be furnished as soon as the acquisition of the 2003 Facility and any Additional Facilities, to the extent applicable, shall have been completed.

Establishment of Completion Date. The Completion Date for Within ten (10) business days after the 2003 Facility and any Additional Facilities, to the extent applicable, shall be evidenced to the Trustee and the Credit Facility Provider by the Borrower’s delivery to the Trustee, the Issuer and the Credit Facility Provider of a Completion Certificate (appropriately completed) substantially in the form attached to this Loan Agreement as Exhibit A and made a part hereof. Upon receipt of a Completion Certificate for the 2003 Facility and any Additional Facilities, the Trustee shall apply any Excess Bond Proceeds remaining in the Facility Fund with respect thereto, other than moneys necessary for the payment of Facility Costs incurred by the Borrower but not then due or payable, as provided in Section 5.5 completion of the Indenture. With respect to Excess Bond Proceeds remaining in the Facility Fund after the Completion DateProject, the Borrower shall direct deliver to the Trustee in writing (a) to apply such Excess Bond Proceeds to redeem Bonds Authority, the Purchaser and the Escrow Agent the Borrower's Completion Certificate, which shall evidence completion of the Series from which Project and shall be signed by an Authorized Borrower Representative, stating the Excess Bond Proceeds derive pursuant to Section 5.5 date of the Indenturecompletion of the Project and that, as of such date, except for amounts retained by the Escrow Agent at the Borrower's direction for any cost of the Project not then due and payable or, if due and payable, not then paid: (i) the Project has been completed; (ii) the cost of all labor, services, materials and supplies used in the Project have been paid, or will be paid from amounts retained by the Escrow Agent at the Borrower's direction for any cost of the Project not then due and payable or, if due and payable, not then paid; (biii) the Project Equipment, if any, has been installed to apply the Borrower's satisfaction, such Excess Bond Proceeds to purchase Bonds Tendered or Deemed Tendered Project Equipment so installed is suitable and sufficient for Purchase. If any portion the efficient operation of the Project for the intended purposes, and all costs and expenses incurred in the acquisition, construction, reconstruction, renovation, rehabilitation and installation of such Excess Bond Proceeds aggregating Project Equipment have been paid, or will be paid from amounts retained by the Escrow Agent at the Borrower's direction for any cost of the Project not then due and payable or, if due and payable, not then paid; (iv) the Project is being operated as an authorized "project" under the Act and substantially as proposed in the Application; (v) the Borrower has reviewed the Contractor's Completion Certificate, if any, and the Borrower has no knowledge or information that the representations contained therein are false or misleading; and (vi) the Borrower has required in all Construction Contracts, if any, that wages paid to workers employed in the performance of Construction Contracts be paid at a rate not less than an Authorized Denomination is not used to redeem or purchase Bonds as provided in the preceding sentence or to pay the Borrower’s reimbursement obligations to the Credit Facility Provider to the extent of drawings paid by the Credit Facility Provider to redeem or purchase Bonds as provided in the preceding sentence, within 12 months of being deposited in the Principal Account or the Purchase Account, as the case may be, such Excess Bond Proceeds shall be applied as provided in Section 5.5 of the IndenturePrevailing Wage Rate. Notwithstanding the foregoing, the Borrower's Completion Certificate shall may state that it is given without prejudice to any rights against third parties which that exist at the date of the Borrower's Completion Certificate or which that may subsequently come into being. It Any amount remaining in the Proceeds Account of the Escrow Fund thereafter (except for amounts therein sufficient to cover costs of the Project not then due and payable or not then paid) shall be applied by the duty of the Borrower to cause the Completion Certificates to be furnished as soon as the acquisition of the 2003 Facility and any Additional Facilities, to the extent applicable, shall have been completed.Escrow Agent in accordance with Section 3.11

Establishment of Completion Date. The Provision of the Project involves the acquisition of an existing building on leased land and the renovation and equipping of said building. If applicable as hereinafter provided, the Completion Date for the 2003 Facility and shall occur not later than one (1) year after any Additional Facilities, damage or destruction to the extent applicableProject if the Project is to be restored or rebuilt, and shall be evidenced to the Director and to the Trustee and the Credit Facility Provider by a certificate signed by the Borrower’s delivery to the Trustee, the Issuer and the Credit Facility Provider of a Completion Certificate Authorized Company Representative stating (appropriately completedi) substantially in the form attached to this Loan Agreement as Exhibit A and made a part hereof. Upon receipt of a Completion Certificate for the 2003 Facility and any Additional Facilities, the Trustee shall apply any Excess Bond Proceeds remaining in the Facility Fund with respect thereto, other than moneys necessary for the payment of Facility Costs incurred by the Borrower but not then due or payable, as provided in Section 5.5 of the Indenture. With respect to Excess Bond Proceeds remaining in the Facility Fund after the Completion Date, (ii) that all licenses and approvals, including a certificate of occupancy, for the Borrower shall direct Project required by any Governmental Authority have been obtained, (iii) that, except for amounts retained by the Trustee in writing (a) to apply such Excess Bond Proceeds to redeem Bonds the Project Fund for Allowable Costs of the Series from which the Excess Bond Proceeds derive pursuant to Section 5.5 Project not then due and payable, Provision of the IndentureProject has been completed in accordance with the Plans and Specifications and all labor, services, materials and supplies used in Provision of the Project have been paid for, (iv) all other facilities necessary in connection with the Project have been constructed, acquired and installed in accordance with the plans and specifications therefor and all costs and expenses incurred in connection therewith have been paid, (v) the Project Facilities and all other facilities necessary in connection with the Project have been constructed, acquired or (b) to apply such Excess Bond Proceeds to purchase Bonds Tendered or Deemed Tendered for Purchase. If any portion of such Excess Bond Proceeds aggregating less than an Authorized Denomination is not used to redeem or purchase Bonds as provided in the preceding sentence or to pay the Borrower’s reimbursement obligations to the Credit Facility Provider to the extent of drawings paid by the Credit Facility Provider to redeem or purchase Bonds as provided in the preceding sentence, within 12 months of being deposited in the Principal Account or the Purchase Accountinstalled, as the case may be, in such Excess Bond Proceeds manner as to conform to all applicable zoning, planning, building, environmental and other regulations of the Governmental Authorities; provided that if any part of the construction or installation does not conform to such regulation, the certificate shall describe any such non-conformities and the actions being taken to remedy them, (vi) the Project Equipment, if any, (which shall be applied described in an exhibit attached to said certificate) has been installed to the Company's satisfaction, and as provided in Section 5.5 so installed is suitable and sufficient for the efficient operation of the IndentureProject for the Project Purposes, and (vii) all materially significant disputes, controversies or claims arising out of or in connection with the Provision of the Project have been resolved, satisfied or paid in full, as the case may be, except as otherwise disclosed in the certificate. Notwithstanding the foregoing, the Completion Certificate such certificate shall state that it is given without prejudice to any rights against third parties which exist at the date of the Completion Certificate such certificate or which may subsequently come into being. It The Company shall also deliver to the Director and to the Trustee a Final Cost Certification and completed forms AIA-G-702 and AIA-G-703. Any amount remaining in the Project Fund on the Completion Date, except for amounts which the Authorized Company Representative certifies to the Trustee as being required to pay Allowable Costs of the Project not then due and payable, shall be transferred by the duty of the Borrower to cause the Completion Certificates to be furnished as soon as the acquisition of the 2003 Facility and any Additional Facilities, Trustee to the extent applicable, shall have been completedCollateral Proceeds Account.

Establishment of Completion Date. The Completion Date for of the 2003 Facility Project and any Additional Facilities, payment of the costs related to the extent applicable, Loan shall be evidenced by delivery to the Trustee Authority and to the Credit Facility Provider by Purchaser of the Borrower’s delivery to the Trustee, the Issuer and the Credit Facility Provider of a Completion Certificate (appropriately completed) substantially in signed by an Authorized Borrower Representative stating the form attached to this Loan Agreement date of completion of the Project and that, as Exhibit A and made a part hereof. Upon receipt of a Completion Certificate such date, except for the 2003 Facility and any Additional Facilities, the Trustee shall apply any Excess Bond Proceeds remaining in the Facility Fund with respect thereto, other than moneys necessary for the payment of Facility Costs incurred amounts retained by the Borrower but Agent at the Borrower’s direction for any cost of the Project not then due or payableand payable or, as provided in Section 5.5 if due and payable not then paid: (i) the Project has been completed; (ii) the cost of the Indenture. With respect to Excess Bond Proceeds remaining all labor, services, materials and supplies used in the Facility Fund after the Completion Date, the Borrower shall direct the Trustee in writing (a) to apply such Excess Bond Proceeds to redeem Bonds of the Series from which the Excess Bond Proceeds derive pursuant to Section 5.5 of the IndentureProject have been paid, or (b) to apply such Excess Bond Proceeds to purchase Bonds Tendered or Deemed Tendered for Purchase. If any portion of such Excess Bond Proceeds aggregating less than an Authorized Denomination is not used to redeem or purchase Bonds as provided in will be paid from amounts retained by the preceding sentence or to pay Agent at the Borrower’s reimbursement obligations to direction for any cost of the Credit Facility Provider to restoration of the extent of drawings paid by Project not then due and payable or, if due and payable, not then paid; and (iii) the Credit Facility Provider to redeem or purchase Bonds Project is being operated as provided an authorized “project” under the Act and substantially as proposed in the preceding sentence, within 12 months of being deposited in the Principal Account or the Purchase Account, as the case may be, such Excess Bond Proceeds shall be applied as provided in Section 5.5 of the IndentureApplication. Notwithstanding the foregoing, the Borrower’s Completion Certificate shall may state that it is given without prejudice to any rights against third parties which exist at the date of the Borrower’s Completion Certificate or which may subsequently come into being. It Any amount remaining in the Escrow Accounts on the Completion Date (except for amounts therein sufficient to cover costs of the Project not then due and payable or not then paid) shall be used upon the duty written instructions of the Borrower by the Agent to cause make prepayments of principal only on the Completion Certificates Note in accordance with its terms and following such date the Borrower shall not permit such funds to be furnished as soon as invested at a yield materially higher than the acquisition yield on the Bonds. Notwithstanding the foregoing, on or prior to the third (3rd) anniversary of the 2003 Facility and Closing Date, the Borrower shall cause any Additional Facilities, Bond Proceeds remaining unexpended to be applied to redeem the extent applicable, shall have been completedBonds.

Establishment of Completion Date. The Completion Date for When the 2003 Facility and any Additional FacilitiesProject has been substantially completed, to the extent applicable, such substantial completion shall be evidenced to the Trustee Authority, to the Custodian and to the Holder by a certificate of occupancy issued by the applicable governmental authority, accompanied by a certificate of the Company stating that the Leased Improvements have been substantially completed, listing the items, if any, that need to be completed or corrected and the Credit Facility Provider amounts needed therefor, signed by the BorrowerAuthorized Company Representative and stating (I) that the construction of the Leased Improvements has been substantially completed and (2) all Qualified Project Costs, Company’s delivery Project Costs for which the Company has accepted the responsibility for payment, and Authority’s Project Costs for which the Authority has accepted the responsibility for payment have been paid except for amounts needed to be disbursed for Qualified Project Costs, Company’s Project Costs for which the TrusteeCompany has accepted the responsibility for payment, and Authority’s Project Costs for which the Issuer Authority has accepted the responsibility for payment which either are (i) not yet due and payable or (ii) are being contested (the Credit Facility Provider estimated amount of a Completion Certificate (appropriately completed) substantially such not yet due or contested amounts being set forth in the form attached to this Loan Agreement as Exhibit A and made a part hereof. Upon receipt of a Completion Certificate for the 2003 Facility and any Additional Facilities, the Trustee shall apply any Excess Bond Proceeds remaining in the Facility Fund with respect thereto, other than moneys necessary for the payment of Facility Costs incurred by the Borrower but not then due or payable, as provided in Section 5.5 of the Indenture. With respect to Excess Bond Proceeds remaining in the Facility Fund after the Completion Date, the Borrower shall direct the Trustee in writing (a) to apply such Excess Bond Proceeds to redeem Bonds of the Series from which the Excess Bond Proceeds derive pursuant to Section 5.5 of the Indenture, or (b) to apply such Excess Bond Proceeds to purchase Bonds Tendered or Deemed Tendered for Purchase. If any portion of such Excess Bond Proceeds aggregating less than an Authorized Denomination is not used to redeem or purchase Bonds as provided in the preceding sentence or to pay the Borrower’s reimbursement obligations to the Credit Facility Provider to the extent of drawings paid by the Credit Facility Provider to redeem or purchase Bonds as provided in the preceding sentence, within 12 months of being deposited in the Principal Account or the Purchase Account, as the case may be, such Excess Bond Proceeds shall be applied as provided in Section 5.5 of the Indenturecertificate). Notwithstanding the foregoing, the Completion Certificate shall such certificate may state that it is given without prejudice to any rights against third parties which exist at the date of the Completion Certificate such certificate or which may subsequently come into being. It shall be the duty of the Borrower Company to cause the Completion Certificates certificate contemplated by this Section to be furnished as soon as the acquisition construction of the 2003 Facility and any Additional Facilities, to the extent applicable, Leased Improvements shall have been substantially completed. When the Project has been fully completed and all Qualified Project Costs, Company’s Project Costs for which the Company has accepted the responsibility for payment, and Authority’s Project Costs for which the Authority has accepted the responsibility for payment have been fully paid, the Company shall so notify the Authority, the Custodian and the Holder in writing, whereupon the Construction Period shall terminate. The date of such notice shall be the “Completion Date.” If the Completion Date is later than March 1, 2001, and such delay was unexcused and was proximately caused by acts or omissions involving the Company, the Company’s obligation to pay Basic Rent shall nevertheless commence as though the Completion Date had occurred as of March 1, 2001, and, in addition, the Authority may avail itself of its other rights and remedies at law or in equity. If the Completion Date is later than July 1, 2001, and such delay was unexcused and was proximately caused by acts or omission not involving the Company, the Company may at its option terminate this Lease and the Construction Management Agreement, effective immediately upon giving written notice of termination to the Authority, and such termination shall be without prejudice to the accrued rights and claims of the parties. A party shall be excused from responsibility for delay if such delay was beyond its reasonable control and without its fault or negligence.

Establishment of Completion Date. The Completion Date for the 2003 Facility and any Additional Facilities, to the extent applicable, shall be evidenced to the Trustee and the Credit Facility Provider by the Borrower’s delivery to the Trustee, the Issuer and the Credit Facility Provider Trustee by delivery of a the Completion Certificate (appropriately completed) substantially in the form attached to this Loan Agreement as Exhibit A and made "D" hereto, signed by a part hereof. Upon receipt of a Completion Certificate Company Representative stating that, except for the 2003 Facility and any Additional Facilities, amounts retained by the Trustee shall apply at the Company's direction to pay any Excess Bond Proceeds remaining in Cost of the Facility Fund with respect thereto, other than moneys necessary for the payment of Facility Costs incurred by the Borrower but Project not then due or and payable, as provided in Section 5.5 (i) rehabilitation of the Indenture. With respect to Excess Bond Proceeds remaining Project has been completed and all costs of labor, services, materials and supplies used in connection with such rehabilitation have been paid, (ii) all equipment for the Project has been installed, such equipment so installed is suitable and sufficient for the operation of the Project, and all costs and expenses incurred in the Facility Fund after the Completion Date, the Borrower shall direct the Trustee in writing (a) to apply such Excess Bond Proceeds to redeem Bonds of the Series from which the Excess Bond Proceeds derive pursuant to Section 5.5 of the Indenture, or (b) to apply such Excess Bond Proceeds to purchase Bonds Tendered or Deemed Tendered for Purchase. If any portion acquisition and installation of such Excess Bond Proceeds aggregating less than an Authorized Denomination is not used to redeem or purchase Bonds as provided equipment have been paid, and (iii) all other facilities necessary in connection with the preceding sentence or to pay the Borrower’s reimbursement obligations to the Credit Facility Provider to the extent of drawings paid by the Credit Facility Provider to redeem or purchase Bonds as provided Project have been acquired, rehabilitated, furnished and equipped and all costs and expenses incurred in the preceding sentence, within 12 months of being deposited in the Principal Account or the Purchase Account, as the case may be, such Excess Bond Proceeds shall be applied as provided in Section 5.5 of the Indentureconnection therewith have been paid. Notwithstanding the foregoing, the Completion Certificate such certificate shall state that it is given without prejudice to any rights against third parties which exist at the date of the Completion Certificate such certificate or which may subsequently come into being. It shall be the duty Forthwith upon completion of the Borrower acquisition, rehabilitation, furnishing and equipping of the Project, the Company agrees to cause the Completion Certificates such certificate to be furnished as soon as to the acquisition Issuer and the Trustee. Upon receipt of such certificate, the Trustee shall retain in the Construction Fund a sum equal to the amounts necessary for payment of the 2003 Facility Costs of the Project not then due and payable according to such certificate. If any Additional Facilitiessuch amounts so retained are not subsequently used, prior to any transfer of said amounts to the extent applicableBond Fund as provided below, the Trustee shall give notice to the Company of the failure to apply said funds for payment of the Costs of the Project. Any amount not to be retained in the Construction Fund for payment of the Costs of the Project, and all amounts so retained but not subsequently used, shall have been completedbe transferred by the Trustee into the Bond Fund.

Establishment of Completion Date. The Completion Date for the 2003 Facility and any Additional Facilities, to the extent applicable, shall be evidenced to the Trustee and the Credit Facility Provider by the Borrower’s delivery to the Trustee, the Issuer and Trustee by (a) a certificate signed by an Authorized Company Representative stating that, except for amounts retained by Trustee at Company’s direction for any Cost of the Credit Facility Provider of a Completion Certificate (appropriately completed) substantially in the form attached to this Loan Agreement as Exhibit A and made a part hereof. Upon receipt of a Completion Certificate for the 2003 Facility and any Additional Facilities, the Trustee shall apply any Excess Bond Proceeds remaining in the Facility Fund with respect thereto, other than moneys necessary for the payment of Facility Costs incurred by the Borrower but Project not then due or and payable, as provided in Section 5.5 (i) acquisition and construction of the Indenture. With respect Project has been substantially completed and all costs of labor, services, materials, and supplies used in such acquisition and construction have been paid, except for punch list items, for which adequate reserves shall have been established (ii) all equipment for the Project has been installed to Excess Bond Proceeds remaining Company’s satisfaction, such equipment so installed is suitable and sufficient for the operation of the Project, and substantially all costs and expenses incurred in the Facility Fund after acquisition and installation of such equipment have been paid, and (iii) all other facilities necessary in connection with the Completion DateProject have been acquired, the Borrower shall direct the Trustee constructed, and equipped and all costs and expenses incurred in writing (a) to apply such Excess Bond Proceeds to redeem Bonds of the Series from which the Excess Bond Proceeds derive pursuant to Section 5.5 of the Indenture, or connection therewith have been paid and (b) to apply such Excess Bond Proceeds to purchase Bonds Tendered or Deemed Tendered for Purchase. If any portion of such Excess Bond Proceeds aggregating less than certificate signed by an Authorized Denomination is not used to redeem or purchase Bonds as provided Company Representative stating that the Project has been substantially completed in accordance with all plans and specifications for the preceding sentence or to pay Project and complies with all applicable federal, State, and local laws, regulations, and other governmental requirements (including, without limitation, the Borrower’s reimbursement obligations to the Credit Facility Provider to the extent of drawings paid by the Credit Facility Provider to redeem or purchase Bonds as provided in the preceding sentence, within 12 months of being deposited in the Principal Account or the Purchase Account, as the case may be, such Excess Bond Proceeds shall be applied as provided in Section 5.5 of the Indenturefederal Americans with Disabilities Act) . Notwithstanding the foregoing, the Completion Certificate certificate required by clause (a) above shall state that it is given without prejudice to any rights against third parties which exist at the date of the Completion Certificate such certificate or which may subsequently come into being. It shall be the duty Forthwith upon substantial completion of the Borrower acquisition, construction, and equipping of the Project, Company agrees to cause the Completion Certificates such certificates to be furnished as soon as to Issuer and Trustee. Any moneys in the acquisition Construction Fund remaining after the Completion Date and payment, or provision for payment, of the 2003 Facility costs of financing the Project described above, at the direction of the Authorized Company Representative, promptly, and any Additional Facilitiesin all events on or before April 27, to the extent applicable1998, shall have been completed.be:

Establishment of Completion Date. The Completion Date for the 2003 Facility and any Additional Facilities, to the extent applicable, shall be evidenced to the Trustee and the Credit Facility Provider by the Borrower’s delivery to the Trustee, the Issuer and Trustee by (a) a certificate signed by an Authorized Company Representative stating that, except for amounts retained by Trustee at Company’s direction for any Cost of the Credit Facility Provider of a Completion Certificate (appropriately completed) substantially in the form attached to this Loan Agreement as Exhibit A and made a part hereof. Upon receipt of a Completion Certificate for the 2003 Facility and any Additional Facilities, the Trustee shall apply any Excess Bond Proceeds remaining in the Facility Fund with respect thereto, other than moneys necessary for the payment of Facility Costs incurred by the Borrower but Project not then due or and payable, as provided in Section 5.5 (i) acquisition and construction of the Indenture. With respect Project has been substantially completed and all costs of labor, services, materials, and supplies used in such acquisition and construction have been paid, except for punch list items, for which adequate reserves shall have been established (ii) all equipment for the Project has been installed to Excess Bond Proceeds remaining Company’s satisfaction, such equipment so installed is suitable and sufficient for the operation of the Project, and substantially all costs and expenses incurred in the Facility Fund after acquisition and installation of such equipment have been paid, except to the Completion Dateextent any such equipment is Leased Equipment, and (iii) all other facilities necessary in connection with the Borrower shall direct the Trustee Project have been acquired, constructed, and equipped and all costs and expenses incurred in writing (a) to apply such Excess Bond Proceeds to redeem Bonds of the Series from which the Excess Bond Proceeds derive pursuant to Section 5.5 of the Indenture, or connection therewith have been paid and (b) to apply such Excess Bond Proceeds to purchase Bonds Tendered or Deemed Tendered for Purchase. If any portion of such Excess Bond Proceeds aggregating less than a certificate signed by an Authorized Denomination is not used to redeem or purchase Bonds as provided Company Representative stating that the Project has been substantially completed in accordance with all plans and specifications for the preceding sentence or to pay the Borrower’s reimbursement obligations Project and to the Credit Facility Provider to the extent of drawings paid by the Credit Facility Provider to redeem or purchase Bonds as provided in the preceding sentence, within 12 months of being deposited in the Principal Account or the Purchase Account, as the case may be, such Excess Bond Proceeds shall be applied as provided in Section 5.5 best knowledge of the IndentureAuthorized Company Representative, after inquiry of the Project’s architect, the Project complies with all applicable federal, State, and local laws, regulations, and other governmental requirements (including, without limitation, the federal Americans with Disabilities Act). Notwithstanding the foregoing, the Completion Certificate certificate required by clause (a) above shall state that it is given without prejudice to any rights against third parties which exist at the date of the Completion Certificate such certificate or which may subsequently come into being. It shall be the duty Forthwith upon substantial completion of the Borrower acquisition, construction, and equipping of the Project, Company agrees to cause the Completion Certificates such certificates to be furnished as soon as to Issuer and Trustee. Any moneys in the acquisition Construction Fund remaining after the Completion Date and payment, or provision for payment, of the 2003 Facility costs of financing the Project described above, at the direction of the Authorized Company Representative, promptly, and any Additional Facilitiesin all events on or before July 1, to the extent applicable1998, shall have been completed.be:

Establishment of Completion Date. The Completion Date for of the 2003 Facility and any Additional Facilities, to the extent applicable, Project shall be evidenced by delivery to the Trustee Authority and to the Credit Facility Provider by Purchaser of the Borrower’s delivery to the Trustee, the Issuer and the Credit Facility Provider of a Completion Certificate (appropriately completed) substantially in signed by an Authorized Borrower Representative stating the form attached to this Loan Agreement date of completion of the Project and that, as Exhibit A and made a part hereof. Upon receipt of a Completion Certificate such date, except for the 2003 Facility and any Additional Facilities, the Trustee shall apply any Excess Bond Proceeds remaining in the Facility Fund with respect thereto, other than moneys necessary for the payment of Facility Costs incurred amounts retained by the Borrower but Escrow Agent at the Borrower’s direction for any cost of the Project not then due or payableand payable or, as provided in Section 5.5 if due and payable not then paid: (i) the Project has been completed; (ii) the cost of the Indenture. With respect to Excess Bond Proceeds remaining all labor, services, materials and supplies used in the Facility Fund after the Completion Date, the Borrower shall direct the Trustee in writing (a) to apply such Excess Bond Proceeds to redeem Bonds of the Series from which the Excess Bond Proceeds derive pursuant to Section 5.5 of the IndentureProject have been paid, or (b) to apply such Excess Bond Proceeds to purchase Bonds Tendered or Deemed Tendered for Purchase. If any portion of such Excess Bond Proceeds aggregating less than an Authorized Denomination is not used to redeem or purchase Bonds as provided in will be paid from amounts retained by the preceding sentence or to pay Escrow Agent at the Borrower’s reimbursement obligations to direction for any cost of the Credit Facility Provider to Project not then due and payable or, if due and payable, not then paid; (iii) the extent of drawings paid by Project is being operated as an authorized “project” under the Credit Facility Provider to redeem or purchase Bonds Act and substantially as provided proposed in the preceding sentence, within 12 months of being deposited Application; (iv) the Borrower has reviewed the Contractor’s Completion Certificate and the Borrower has no knowledge or information that the representations contained therein are false or misleading; and (v) the Borrower has required in all Construction Contracts that wages paid to workers employed in the Principal Account or performance of Construction Contracts be paid at a rate not less than the Purchase Account, as the case may be, such Excess Bond Proceeds shall be applied as provided in Section 5.5 of the IndenturePrevailing Wage Rate. Notwithstanding the foregoing, the Borrower’s Completion Certificate shall may state that it is given without prejudice to any rights against third parties which exist at the date of the Borrower’s Completion Certificate or which may subsequently come into being. It Any amount remaining in the Escrow Account on the Completion Date (except for amounts therein sufficient to cover costs of the Project not then due and payable or not then paid) shall be used upon the duty written instructions of the Borrower or the Authority by the Escrow Agent to cause make prepayments of principal only on the Completion Certificates Note in accordance with its terms, without premium or penalty, and following such date the Borrower shall not permit such funds to be furnished as soon as invested at a yield materially higher than the acquisition of yield on the 2003 Facility and any Additional Facilities, to the extent applicable, shall have been completedBonds.

Establishment of Completion Date. The Completion Date for the 2003 Facility and any Additional Facilities, to the extent applicable, shall be evidenced to the Trustee and the Credit Facility Provider by the Borrower’s delivery to the Trustee, the Issuer and Trustee by (a) a certificate signed by an Authorized Company Representative stating that, except for amounts retained by Trustee at Company’s direction for any Cost of the Credit Facility Provider of a Completion Certificate (appropriately completed) substantially in the form attached to this Loan Agreement as Exhibit A and made a part hereof. Upon receipt of a Completion Certificate for the 2003 Facility and any Additional Facilities, the Trustee shall apply any Excess Bond Proceeds remaining in the Facility Fund with respect thereto, other than moneys necessary for the payment of Facility Costs incurred by the Borrower but Project not then due or and payable, as provided in Section 5.5 (i) acquisition and construction of the Indenture. With respect Project has been substantially completed and all costs of labor, services, materials, and supplies used in such acquisition and construction have been paid, except for punch list items, for which adequate reserves shall have been established (ii) all equipment for the Project has been installed to Excess Bond Proceeds remaining Company’s satisfaction, such equipment so installed is suitable and sufficient for the operation of the Project, and substantially all costs and expenses incurred in the Facility Fund after acquisition and installation of such equipment have been paid, except to the Completion Dateextent any such equipment is Leased Equipment, and (iii) all other facilities necessary in connection with the Borrower shall direct the Trustee Project have been acquired, constructed, and equipped and all costs and expenses incurred in writing (a) to apply such Excess Bond Proceeds to redeem Bonds of the Series from which the Excess Bond Proceeds derive pursuant to Section 5.5 of the Indenture, or connection therewith have been paid and (b) to apply such Excess Bond Proceeds to purchase Bonds Tendered or Deemed Tendered for Purchase. If any portion of such Excess Bond Proceeds aggregating less than a certificate signed by an Authorized Denomination is not used to redeem or purchase Bonds as provided Company Representative stating that the Project has been substantially completed in accordance with all plans and specifications for the preceding sentence or to pay the Borrower’s reimbursement obligations Project and to the Credit Facility Provider to the extent of drawings paid by the Credit Facility Provider to redeem or purchase Bonds as provided in the preceding sentence, within 12 months of being deposited in the Principal Account or the Purchase Account, as the case may be, such Excess Bond Proceeds shall be applied as provided in Section 5.5 best knowledge of the IndentureAuthorized Company Representative, after inquiry of the Project’s architect, the Project complies with all applicable federal, State, and local laws, regulations, and other governmental requirements (including, without limitation, the federal Americans with Disabilities Act). Notwithstanding the foregoing, the Completion Certificate certificate required by clause (a) above shall state that it is given without prejudice to any rights against third parties which exist at the date of the Completion Certificate such certificate or which may subsequently come into being. It shall be the duty Forthwith upon substantial completion of the Borrower acquisition, construction, and equipping of the Project, Company agrees to cause the Completion Certificates such certificates to be furnished as soon as to Issuer and Trustee. Any moneys in the acquisition Construction Fund remaining after the Completion Date and payment, or provision for payment, of the 2003 Facility costs of financing the Project described above, at the direction of the Authorized Company Representative, promptly, and any Additional Facilitiesin all events on or before June 1, to the extent applicable1998, shall have been completed.be:

Establishment of Completion Date. The Project shall be completed not later than ____ __, 2022. Completion Date for of the 2003 Facility and any Additional Facilities, to the extent applicable, Project shall be evidenced by delivery to the Trustee Authority and the Credit Facility Provider Trustee of the Company’s Completion Certificate (attached hereto as Exhibit E) signed by a Company Representative stating the date of completion of the Project and that, as of such date, except for amounts retained by the BorrowerTrustee at the Company’s delivery direction for any Project Cost not then due and payable or, if due and payable, not then paid: (i) that portion of the Project Facilities to be financed with the proceeds of the Bonds have been completed; (ii) the cost of all labor, services, materials and supplies used in the Project have been paid, or will be paid from amounts retained by the Trustee at the Company’s direction for any cost of the Project Facilities not then due and payable or, if due and payable, not then paid; (iii) the Project Facilities have been installed to the Company’s satisfaction, such Project Facilities so installed are suitable and sufficient for the efficient operation of the Project for the intended purposes and all costs and expenses incurred in the acquisition and installation of such equipment have been paid, or will be paid from amounts retained by the Trustee at the Company’s direction for any cost of the Project not then due and payable or, if due and payable, not then paid; (iv) the Project Facilities are being operated as an authorized “project” under the Act and substantially as proposed in the Application; and (v) the Company has required in all Construction Contracts that wages paid to workers employed in the performance of such Construction Contracts be paid, or determined that such workers were paid, at a rate not less than the Prevailing Wage Rate. Upon receipt of such certificate by the Trustee, the Issuer and the Credit Facility Provider of a Completion Certificate (appropriately completed) substantially in the form attached to this Loan Agreement as Exhibit A and made a part hereof. Upon receipt of a Completion Certificate for the 2003 Facility and any Additional Facilities, the Trustee shall apply any Excess Bond Proceeds remaining in the Facility Fund with respect thereto, other than moneys necessary for the payment of Facility Costs incurred by the Borrower but not then due or payable, as provided in Section 5.5 of the Indenture. With respect to Excess Bond Proceeds remaining in the Facility Fund after the Completion Date, the Borrower Company shall direct the Trustee in writing to transfer any amounts remaining in the Project Fund (aexcept for amounts therein sufficient to cover costs of the Project not then due and payable or not then paid or the holdback required to be retained in the Project Fund pursuant to the Affirmation Action Regulations) to apply such Excess Bond Proceeds the Redemption Fund. Amounts transferred into the Redemption Fund hereunder shall be used to prepay the amounts payable hereunder prior to the full payment of the Bonds and to redeem the Bonds of on the Series from next succeeding redemption date on which the Excess Bond Proceeds derive Bonds can be redeemed without penalty or premium, pursuant to Section 5.5 of the Indenture, or (b) to apply such Excess Bond Proceeds to purchase Bonds Tendered or Deemed Tendered for Purchase. If any portion of such Excess Bond Proceeds aggregating less than an Authorized Denomination is not used to redeem or purchase Bonds as provided in the preceding sentence or to pay the Borrower’s reimbursement obligations to the Credit Facility Provider to the extent of drawings paid by the Credit Facility Provider to redeem or purchase Bonds as provided in the preceding sentence, within 12 months of being deposited in the Principal Account or the Purchase Account, as the case may be, such Excess Bond Proceeds shall be applied as provided in Section 5.5 of the Indenture. Notwithstanding The Company shall not cause amounts held in the foregoing, the Completion Certificate shall state that it is given without prejudice to any rights against third parties which exist at the date of the Completion Certificate or which may subsequently come into being. It shall be the duty of the Borrower to cause the Completion Certificates Redemption Fund to be furnished as soon as invested at a Yield materially higher than the acquisition of Yield on the 2003 Facility and any Additional Facilities, to the extent applicable, shall have been completedSeries 2019 Bonds.