Common use of Offsite Materials Clause in Contracts

Offsite Materials. In the event that any disbursement request includes the cost of materials stored at a location other than the Land (“Offsite Materials”), precedent to such disbursement, Borrower shall provide: (a) evidence that Borrower has paid for the Offsite Materials; (b) if the Offsite Materials are stored at the facility of the supplier (an “Offsite Supplier”), a written statement from the Offsite Supplier that the Offsite Materials have been paid for by Borrower, have been segregated from other materials in such facility and have been marked with Borrower’s name. Such statement shall also acknowledge (i) Lender’s or Inspector’s right to enter the offsite supplier’s facility at reasonable times to inspect or remove the Offsite Materials and (ii) Lender’s security interest in the Offsite Materials; (c) if the Offsite Materials are stored in a place other than the facility of the Offsite Supplier, a written statement from the bailee or other custodian acknowledging (i) Lender’s or Inspector’s right to enter the storage site at reasonable times to inspect or remove the Offsite Materials and (ii) Lender’s security interest in the Offsite Materials; (d) certificates of insurance acceptable to Lender showing the Offsite Materials to be insured as required hereunder and showing Lender as co-insured; and (e) evidence that Borrower has paid all personal property taxes applicable to the Offsite Materials. Lender shall not be required to make disbursements for any Offsite Materials until Lender or Inspector has inspected and approved such Offsite Materials.

Appears in 2 contracts

Samples: Loan Agreement (American Retirement Corp), Loan Agreement (American Retirement Corp)

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Offsite Materials. In the event connection with any Project materials that any disbursement request includes the cost of materials are stored or housed at a location other than the Land Property for the applicable Project (“Offsite Materials”), precedent to such disbursement, Borrower shall provide:): (ai) evidence that Borrower has paid for the Offsite MaterialsMaterials or will cause payment to be made promptly upon receipt of the next Advance; (bii) if the Offsite Materials are stored at the facility facilities of the supplier of the Offsite Materials (an “Offsite Supplier”), a written statement from the Offsite Supplier that the Offsite Materials have been paid for by Borrower, have been segregated from other materials in such the Offsite Supplier’s storage facility and have been marked with the name of Borrower’s name. Such If reasonably requested by Lender, Borrower shall provide Lender with a written statement from the Offsite Supplier, which statement shall also acknowledge include the Offsite Supplier’s acknowledgment of (i) Lender’s or Inspector’s the right of Lender to enter the offsite supplierOffsite Supplier’s storage facility at reasonable times for the purpose of inspecting or removing the Offsite Materials and (ii) Lender’s security interest in the Offsite Materials. If the Offsite Materials are stored in a place other than the facilities of the Offsite Supplier, if reasonably requested by Lender, Borrower shall provide Lender with a written statement from the bailee or other custodian acknowledging (i) the right of Lender to inspect enter the site where the Offsite Materials are stored at reasonable times for the purpose of inspecting or remove removing the Offsite Materials and (ii) Lender’s security interest in the Offsite Materials; (ciii) if the Offsite Materials are stored in a place other than the facility of the Offsite Supplier, a written statement from the bailee or other custodian acknowledging (i) Lender’s or Inspector’s right to enter the storage site at reasonable times to inspect or remove the Offsite Materials and (ii) Lender’s security interest in the Offsite Materials; (d) Borrower has obtained certificates of insurance acceptable to Lender showing the Offsite Materials to be insured as required hereunder by the Agreement and showing Lender as co-insuredloss payee; and (eiv) evidence that Borrower has paid all personal property taxes applicable to the Offsite Materials. Lender shall not be required have the right to make disbursements for any Offsite Materials until Lender or Inspector has inspected inspect and approved such approve the Offsite Materials.

Appears in 2 contracts

Samples: Construction Loan Agreement (William Lyon Homes), Construction Loan Agreement (William Lyon Homes)

Offsite Materials. In the event connection with any Project materials that any disbursement request includes the cost of materials are stored or housed at a location other than the Land Property for the applicable Project (“Offsite Materials”), precedent to such disbursement, Borrower shall provide:): (a) evidence that Borrower has paid for the Offsite MaterialsMaterials or will cause payment to be made promptly upon receipt of the next Advance; (b) if If the Offsite Materials are stored at the facility facilities of the supplier of the Offsite Materials (an “Offsite Supplier”), a written statement from the Offsite Supplier that the Offsite Materials have been paid for by Borrower, have been segregated from other materials in such the Offsite Supplier’s storage facility and have been marked with the name of Borrower’s name. Such If reasonably requested by Lender, Borrower shall provide Lender with a written statement from the Offsite Supplier, which statement shall also acknowledge include the Offsite Supplier’s acknowledgment of (i) Lender’s or Inspector’s the right of Lender to enter the offsite supplierOffsite Supplier’s storage facility at reasonable times for the purpose of inspecting or removing the Offsite Materials and (ii) Lender’s security interest in the Offsite Materials. If the Offsite Materials are stored in a place other than the facilities of the Offsite Supplier, if reasonably requested by Lender, Borrower shall provide Lender with a written statement from the bailee or other custodian acknowledging (i) the right of Lender to inspect enter the site where the Offsite Materials are stored at reasonable times for the purpose of inspecting or remove removing the Offsite Materials and (ii) Lender’s security interest in the Offsite Materials; (c) if the Offsite Materials are stored in a place other than the facility of the Offsite Supplier, a written statement from the bailee or other custodian acknowledging (i) Lender’s or Inspector’s right to enter the storage site at reasonable times to inspect or remove the Offsite Materials and (ii) Lender’s security interest in the Offsite Materials; (d) Borrower has obtained certificates of insurance acceptable to Lender showing the Offsite Materials to be insured as required hereunder by the Agreement and showing Lender as co-insuredloss payee; and (ed) evidence that Borrower has paid all personal property taxes applicable to the Offsite Materials. Lender shall not be required have the right to make disbursements for any Offsite Materials until Lender or Inspector has inspected inspect and approved such approve the Offsite Materials.

Appears in 2 contracts

Samples: Revolving Line of Credit Loan Agreement, Revolving Line of Credit Loan Agreement (TRI Pointe Homes, Inc.)

Offsite Materials. In the event connection with any Project materials that any disbursement request includes the cost of materials are stored or housed at a location other than the Land Property for the applicable Project (“Offsite Materials”), precedent to such disbursement, Borrower shall provide:): (a) evidence that Borrower has paid for the Offsite MaterialsMaterials or will cause payment to be made promptly upon receipt of the next Advance; (b) if the Offsite Materials are stored at the facility facilities of the supplier of the Offsite Materials (an “Offsite Supplier”), a written statement from the Offsite Supplier that the Offsite Materials have been paid for by Borrower, have been segregated from other materials in such the Offsite Supplier’s storage facility and have been marked with the name of Borrower’s name. Such If reasonably requested by Lender, Borrower shall provide Lender with a written statement from the Offsite Supplier, which statement shall also acknowledge include the Offsite Supplier’s acknowledgment of (i) Lender’s or Inspector’s the right of Lender to enter the offsite supplierOffsite Supplier’s storage facility at reasonable times to inspect for the purpose of inspecting or remove removing the Offsite Materials and (ii) Lender’s security interest in the Offsite Materials. If the Offsite Materials are stored in a place other than the facilities of the Offsite Supplier, if reasonably requested by Lender, Borrower shall provide Lender with a written statement from the bailee or other custodian acknowledging (i) the right of Lender to enter the site where the Offsite Materials are stored at reasonable times for the purpose of inspecting or removing the Offsite Materials, and (ii) Lender’s security interest in the Offsite Materials; (c) if the Offsite Materials are stored in a place other than the facility of the Offsite Supplier, a written statement from the bailee or other custodian acknowledging (i) Lender’s or Inspector’s right to enter the storage site at reasonable times to inspect or remove the Offsite Materials and (ii) Lender’s security interest in the Offsite Materials; (d) Borrower has obtained certificates of insurance acceptable to Lender showing the Offsite Materials to be insured as required hereunder by this Agreement and showing Lender as co-insuredloss payee; and (ed) evidence that Borrower has paid all personal property taxes applicable to the Offsite Materials. Lender shall not be required have the right to make disbursements for any Offsite Materials until Lender or Inspector has inspected inspect and approved such approve the Offsite Materials.

Appears in 1 contract

Samples: Revolving Line of Credit Loan Agreement (William Lyon Homes)

Offsite Materials. In Agent shall not be required to advance Master Line proceeds to pay for any materials until they are delivered to the event Project and installed in the Improvements. If, in Agent’s sole discretion, Agent approves any request for an Advance that any disbursement request includes the cost of materials that are stored or housed at a location other than the Land Property or that have not been installed in the Improvements ("Offsite Materials"), precedent to such disbursement, Borrower request shall provideinclude each of the following: (a) evidence that Borrower has paid for the Offsite MaterialsMaterials or will cause payment to be made promptly upon receipt of the Advance; (b) if the Offsite Materials are stored at the facility facilities of the supplier of the Offsite Materials (an “"Offsite Supplier"), a written statement from the Offsite Supplier that the Offsite Materials have been paid for by Borrower, have been segregated from other materials in such the Offsite Supplier's storage facility and have been marked with the name of Borrower’s name. Such statement shall also acknowledge include the Offsite Supplier's acknowledgment of (ia) Lender’s or Inspector’s the right of Agent to enter the offsite supplier’s Offsite Supplier's storage facility at reasonable times to inspect for the purpose of inspecting or remove removing the Offsite Materials and (iib) Lender’s Lenders' security interest in the Offsite Materials; (c) if the Offsite Materials are stored in a place other than the facility facilities of the Offsite Supplier, a written statement from the bailee or other custodian acknowledging (ia) Lender’s or Inspector’s the right of Agent to enter the storage site where the Offsite Materials are stored at reasonable times to inspect for the purpose of inspecting or remove removing the Offsite Materials and (iib) Lender’s Lenders' security interest in the Offsite Materials; (d) certificates of insurance acceptable to Lender showing the Offsite Materials to be insured as required hereunder by the Agreement and showing Lender Agent, acting for and on behalf of Lenders, as co-insuredloss payee; and (e) as requested by Agent, evidence that Borrower has paid all personal property taxes applicable to the Offsite Materials. Lender In no event shall not Agent be required to make disbursements payment for any Offsite Materials until Lender or Inspector such time as Agent has inspected and approved the Offsite Materials or expressly waived the requirement for such Offsite Materialsinspection and approval.

Appears in 1 contract

Samples: Borrowing Base Loan Agreement (Wilson Holdings, Inc.)

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Offsite Materials. In Lender shall not be required to advance Loan proceeds to pay for any materials until they are delivered to the event Lot and installed in the Home. If, in Lender’s reasonable discretion, Lender approves any request for an Advance that any disbursement request includes the cost of materials that are stored or housed at a location other than the Land Property or that have not been installed in the Home (“Offsite Materials”), precedent to such disbursement, Borrower request shall provideinclude at the option of Lender each of the following: (a) 6.7.1 evidence that Borrower has paid for the Offsite MaterialsMaterials or will cause payment to be made promptly upon receipt of the Advance; (b) 6.7.2 if the Offsite Materials are stored at the facility facilities of the supplier of the Offsite Materials (an “Offsite Supplier”), a written statement from the Offsite Supplier that the Offsite Materials have been paid for by Borrower, have been segregated from other materials in such the Offsite Supplier’s storage facility and have been marked with the name of Borrower’s name. Such statement shall also acknowledge include the Offsite Supplier’s acknowledgment of (ia) Lender’s or Inspector’s the right of Lender to enter the offsite supplierOffsite Supplier’s storage facility at reasonable times to inspect or remove for the purpose of inspecting or, after the occurrence of an Event of Default, removing the Offsite Materials and (iib) Lender’s security interest in the Offsite Materials; (c) 6.7.3 if the Offsite Materials are stored in a place other than the facility facilities of the Offsite Supplier, a written statement from the bailee or other custodian acknowledging (ia) Lender’s or Inspector’s the right of Lender to enter the storage site where the Offsite Materials are stored at reasonable times to inspect or remove for the purpose of inspecting or, after the occurrence of an Event of Default, removing the Offsite Materials and (iib) Lender’s security interest in the Offsite Materials; (d) 6.7.4 certificates of insurance acceptable to Lender showing the Offsite Materials to be insured as required hereunder by the Agreement and showing Lender as co-insuredloss payee; and (e) 6.7.5 as requested by Lender, evidence that Borrower has paid all personal property taxes applicable to the Offsite Materials. In no event shall Lender shall not be required to make disbursements payment for any Offsite Materials until such time as Lender or Inspector has inspected and approved the Offsite Materials or expressly waived the requirement for such Offsite Materialsinspection and approval.

Appears in 1 contract

Samples: Loan Agreement (Century Communities, Inc.)

Offsite Materials. In the event connection with any Project materials that any disbursement request includes the cost of materials are stored or housed at a location other than the Land Property for the applicable Project (“Offsite Materials”), precedent to such disbursement, Borrower shall provide:"OFFSITE MATERIALS"): (a) evidence that Borrower has paid for the Offsite MaterialsMaterials or will cause payment to be made promptly upon receipt of the next Advance; (b) if the Offsite Materials are stored at the facility facilities of the supplier (an “Offsite Supplier”), a written statement from the Offsite Supplier that of the Offsite Materials have been paid for by Borrower("OFFSITE SUPPLIER"), the Offsite Materials have been segregated from other materials in such the Offsite Supplier's storage facility and have been marked with the name of Borrower’s name. Such If reasonably requested by Lender, Borrower shall provide Lender with a written statement from the Offsite Supplier, which statement shall also acknowledge include the Offsite Supplier's acknowledgment of (i) Lender’s or Inspector’s the right of Lender to enter the offsite supplier’s Offsite Supplier's storage facility at reasonable times to inspect for the purpose of inspecting or remove removing the Offsite Materials and (ii) Lender’s 's security interest in the Offsite Materials; (c) if . If the Offsite Materials are stored in a place other than the facility facilities of the Offsite Supplier, if reasonably requested by Lender, Borrower shall provide Lender with a written statement from the bailee or other custodian acknowledging (i) Lender’s or Inspector’s the right of Lender to enter the storage site where the Offsite Materials are stored at reasonable times to inspect for the purpose of inspecting or remove removing the Offsite Materials and (ii) Lender’s 's security interest in the Offsite Materials; (d) certificates of insurance acceptable to Lender showing the Offsite Materials to be insured as required hereunder and showing Lender as co-insured; and (e) evidence that Borrower has paid all personal property taxes applicable to the Offsite Materials. Lender shall not be required to make disbursements for any Offsite Materials until Lender or Inspector has inspected and approved such Offsite Materials.

Appears in 1 contract

Samples: Revolving Line of Credit Loan Agreement (William Lyon Homes)

Offsite Materials. In the event connection with any Project materials that any disbursement request includes the cost of materials are stored or housed at a location other than the Land Property for the applicable Project (“Offsite Materials”), precedent to such disbursement, Borrower shall provide:): (a) evidence that Borrower has paid for the Offsite MaterialsMaterials or will cause payment to be made promptly upon receipt of the next Advance; (b) if the Offsite Materials are stored at the facility facilities of the supplier of the Offsite Materials (an “Offsite Supplier”), a written statement from the Offsite Supplier that the Offsite Materials have been paid for by Borrower, have been segregated from other materials in such the Offsite Supplier’s storage facility and have been marked with the name of Borrower’s name. Such If reasonably requested by Lender, Borrower shall provide Lender with a written statement from the Offsite Supplier, which statement shall also acknowledge include the Offsite Supplier’s acknowledgment of (i) Lender’s or Inspector’s the right of Lender to enter the offsite supplierOffsite Supplier’s storage facility at reasonable times for the purpose of inspecting or removing the Offsite Materials and (ii) Lender’s security interest in the Offsite Materials. If the Offsite Materials are stored in a place other than the facilities of the Offsite Supplier, if reasonably requested by Lender, Borrower shall provide Lender with a written statement from the bailee or other custodian acknowledging (i) the right of Lender to inspect enter the site where the Offsite Materials are stored at reasonable times for the purpose of inspecting or remove removing the Offsite Materials and (ii) Lender’s security interest in the Offsite Materials; (c) if the Offsite Materials are stored in a place other than the facility of the Offsite Supplier, a written statement from the bailee or other custodian acknowledging (i) Lender’s or Inspector’s right to enter the storage site at reasonable times to inspect or remove the Offsite Materials and (ii) Lender’s security interest in the Offsite Materials; (d) certificates of insurance acceptable to Lender showing the Offsite Materials to be insured as required hereunder and showing Lender as co-insured; and (e) evidence that Borrower has paid all personal property taxes applicable to the Offsite Materials. Lender shall not be required to make disbursements for any Offsite Materials until Lender or Inspector has inspected and approved such Offsite Materials.

Appears in 1 contract

Samples: Revolving Line of Credit Loan Agreement (William Lyon Homes)

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