Common use of Information Regarding Capital Additions Clause in Contracts

Information Regarding Capital Additions. Regardless of the source of financing of any proposed Capital Addition, Tenant shall provide Landlord with such information as Landlord may from time to time reasonably request with respect to such Capital Addition, including, without limitation, the following: (a) Evidence that such Capital Addition will be, and upon completion has been, completed in compliance with the applicable requirements of State and federal law with respect to capital expenditures for nursing facilities; (b) Upon completion of such Capital Addition, a copy of the certificate of occupancy for the Facility updated, if required; (c) Such information, certificates, licenses, permits or other documents necessary to confirm that Tenant will be able to use the Capital Addition upon completion thereof in accordance with the Primary intended Use, including all required federal, State or local government licenses and approvals; (d) An Officer's Certificate and a certificate from Tenant's architect setting forth, in reasonable detail, the projected (or actual, if available) Capital Additions Cost and invoices and lien waivers from Tenant's contractors for such work; (e) A deed conveying to Landlord title to any land acquired for the purpose of constructing the Capital Addition free and clear of any liens or encumbrances, except those approved by Landlord and, upon completion of the Capital Addition, a final as-built survey thereof reasonably satisfactory to Landlord; (f) Endorsements to any outstanding policy of title insurance covering the Leased Property or commitments therefor, satisfactory in form and substance to Landlord, (i) updating the same without any additional exceptions except as approved by Landlord, and (ii) increasing the coverage thereof by an amount equal to the Fair Market Value of the Capital Addition (except to the extent covered by the owner's policy of title insurance referred to in subparagraph (g) below); (g) If appropriate, (i) an owner's policy of title insurance insuring fee simple title to any land conveyed to Landlord pursuant to subparagraph (e) above, free and clear of all liens and encumbrances, except those approved by Landlord, and (ii) a lender's policy of title insurance, reasonably satisfactory in form and substance to Landlord and the Lending Institution advancing any portion of the Capital Additions Cost; (h) An appraisal of the Leased Property by a Qualified Appraiser, acceptable to Landlord, and an Officer's Certificate stating that the value of the Leased Property upon completion of the Capital Addition exceeds the Fair Market Value thereof prior to the commencement of such Capital Addition by an amount not less than 80% of the Capital Additions Cost; and (i) Prints of architectural and engineering drawings relating to such Capital Addition and such other certificates, documents, opinions of counsel, appraisals, surveys, certified copies of duly adopted resolutions of the board of directors of Tenant authorizing the execution and delivery of any lease amendment or other instruments reasonably required by Landlord and any Lending Institution advancing or reimbursing Tenant for any portion of the Capital Additions Cost.

Appears in 2 contracts

Samples: Settlement Agreement (Senior Housing Properties Trust), Lease Agreement (Senior Housing Properties Trust)

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Information Regarding Capital Additions. Regardless of the source of financing of any proposed Capital Addition, Tenant shall provide Landlord with such information as Landlord may from time to time reasonably request with respect to such Capital Addition, including, without limitation, the following: (a) Evidence that such Capital Addition will be, and upon completion has been, completed in compliance with the applicable requirements of State and federal law with respect to capital expenditures for nursing facilities; (b) Upon completion of such Capital Addition, a copy of the certificate of occupancy for the Facility updated, if required; (c) Such information, certificates, licenses, permits or other documents necessary to confirm that Tenant will be able to use the Capital Addition upon completion thereof in accordance with the Primary intended Intended Use, including all required federal, State or local government licenses and approvals; (d) An Officer's Certificate and a certificate from Tenant's architect setting forth, in reasonable detail, the projected (or actual, if available) Capital Additions Cost and invoices and lien waivers from Tenant's contractors for such work; (e) A deed conveying to Landlord title to any land acquired for the purpose of constructing the Capital Addition free and clear of any liens or encumbrances, except those approved by Landlord and, upon completion of the Capital Addition, a final as-built survey thereof reasonably satisfactory to Landlord; (f) Endorsements to any outstanding policy of title insurance covering the Leased Property or commitments therefor, satisfactory in form and substance to Landlord, (i) updating the same without any additional exceptions except as approved by Landlord, and (ii) increasing the coverage thereof by an amount equal to the Fair Market Value of the Capital Addition (except to the extent covered by the owner's policy of title insurance referred to in subparagraph (g) below); (g) If appropriate, (i) an owner's policy of title insurance insuring fee simple title to any land conveyed to Landlord pursuant to subparagraph (e) above, free and clear of all liens and encumbrances, except those approved by Landlord, and (ii) a lender's policy of title insurance, reasonably satisfactory in form and substance to Landlord and the Lending Institution advancing any portion of the Capital Additions Cost; (h) An appraisal of the Leased Property by a Qualified Appraiser, acceptable to Landlord, and an Officerofficer's Certificate stating that the value of the Leased Property upon completion of the Capital Addition exceeds the Fair Market Value thereof prior to the commencement of such Capital Addition by an amount not less than 80% of the Capital Additions Cost; and (i) Prints of architectural and engineering drawings relating to such Capital Addition and such other certificatescertificates , documents, opinions of counsel, appraisals, surveys, certified copies of duly adopted resolutions of the board of directors of Tenant authorizing the execution and delivery of any lease amendment or other instruments reasonably required by Landlord and any Lending Institution advancing or reimbursing Tenant for any portion of the Capital Additions Cost.

Appears in 1 contract

Samples: Lease Agreement (Senior Housing Properties Trust)

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Information Regarding Capital Additions. Regardless of the source of financing of any proposed Capital Addition, Tenant shall provide Landlord with such information as Landlord may from time to time reasonably request with respect to such Capital Addition, including, without limitation, the following: (a) Evidence that such Capital Addition will be, and upon completion has been, completed in compliance with the applicable requirements of State and federal law with respect to capital expenditures for nursing facilities; (b) Upon completion of such Capital Addition, a copy of the certificate of occupancy for the Facility updated, if required; (c) Such information, certificates, licenses, permits or other documents necessary to confirm that Tenant will be able to use the Capital Addition upon completion thereof in accordance with the Primary intended Intended Use, including all required federal, State or local government licenses and approvals; (d) An Officer's Certificate and a certificate from Tenant's architect setting forth, in reasonable detail, the projected (or actual, if available) Capital Additions Cost and invoices and lien waivers from Tenant's contractors for such work; (e) A deed conveying to Landlord title to any land acquired for the purpose of constructing the Capital Addition free and clear of any liens or encumbrances, except those approved by Landlord and, upon completion of the Capital Addition, a final as-built survey thereof reasonably satisfactory to Landlord; (f) Endorsements to any outstanding policy of title insurance covering the Leased Property or commitments therefor, satisfactory in form and substance to Landlord, (i) updating the same without any additional exceptions except as approved by Landlord, and (ii) increasing the coverage thereof by an amount equal to the Fair Market Value of the Capital Addition (except to the extent covered by the owner's policy of title insurance referred to in subparagraph (g) below); (g) If appropriate, (i) an owner's policy of title insurance insuring fee simple title to any land conveyed to Landlord pursuant to subparagraph (e) above, free and clear of all liens and encumbrances, except those approved by Landlord, and (ii) a lender's policy of title insurance, reasonably satisfactory in form and substance to Landlord and the Lending Institution advancing any portion of the Capital Additions Cost; (h) An appraisal of the Leased Property by a Qualified Appraiser, acceptable to Landlord, and an Officer's Certificate stating that the value of the Leased Property upon completion of the Capital Addition exceeds the Fair Market Value thereof prior to the commencement of such Capital Addition by an amount not less than 80% of the Capital Additions Cost; and (i) Prints of architectural and engineering drawings relating to such Capital Addition and such other certificates, documents, opinions of counsel, appraisals, surveys, certified copies of duly adopted resolutions of the board of directors of Tenant authorizing the execution and delivery of any lease amendment or other instruments reasonably required by Landlord and any Lending Institution advancing or reimbursing Tenant for any portion of the Capital Additions Cost.

Appears in 1 contract

Samples: Lease Agreement (Senior Housing Properties Trust)

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