RECEIPT OF ITEMS AND DOCUMENTS BY LENDER Sample Clauses

RECEIPT OF ITEMS AND DOCUMENTS BY LENDER. Lender shall have received and approved the following items and documents, duly executed and in recordable form where applicable, in each case in form and substance satisfactory to Lender: (a) this Loan Agreement; (b) the Note; (c) with respect to each Mortgaged Property: (i) the Mortgage; (ii) the Environmental Indemnity; (iii) the Assignment of Leases; (iv) the Assignment of Agreements; (v) such UCC-1 Financing Statements as Lender shall deem necessary; (vi) a mortgagee title insurance policy (a "TITLE POLICY") marked paid in full, issued by a national title insurance company licensed to do business in the State and approved by Lender (a "TITLE INSURER") in the amount of the Loan amount allocated to such Mortgaged Property as set forth on Schedule 4 hereto, insuring Lender that the Mortgage is a valid first lien on such Mortgaged Property, containing no exceptions to coverage other than Permitted Encumbrances, and which Title Policy is otherwise satisfactory to Lender; (vii) an original current as-built survey prepared by a surveyor licensed by the State and certified to Lender and the Title Insurer and otherwise satisfactory to Lender and the Title Insurer (a "SURVEY"); (viii) a certificate from a licensed surveyor or an insurance broker that the Real Estate Property is not located in a flood hazard plain as indicated on the Maps of the Federal Emergency Management Agency; (ix) an environmental report satisfactory to Lender; and (x) an engineering report satisfactory to Lender;
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RECEIPT OF ITEMS AND DOCUMENTS BY LENDER. Lender shall have received at least ten (10) Business Days prior to the date of the requested Advance (unless otherwise specified below), the following items and documents, duly executed and in each case in form and substance reasonably satisfactory to Lender, and where applicable, Lender's Construction Consultant and Lender's Counsel: (a) a Request for Advance, together with the related supporting documentation required to be delivered pursuant to Section 3.1; (b) a Manager's Affidavit with appropriate insertions and attachments, dated the date of the Request for Advance; (c) either (i) the Architect's Update Letter, or (ii) the Architect's Certificate, as selected by Lender pursuant to Section 3.1(a), dated the date of the Request for Advance; (d) subject to Section 4.12, a Lender's Construction Consultant Report, dated on or about the date of the Request for Advance; (e) copies of any Trade Contracts and any other Construction Documents entered into since the date of the previous Request for Advance received by Manager; (f) copies of all amendments to any Trade Contract or any other Construction Documents entered into since the date of the previous Request for Advance received by Manager; (g) a draft of the Title Continuation, which shall be supplemented after the Advance with an executed Title Continuation, dated through, the date of the related Advance; (h) in the case of the Request for Advance next succeeding (i) the date on which the foundation of the Improvements shall be substantially complete, (ii) the Substantial Completion Date or (iii) any date on which Lender gives Manager notice that it has reason to believe that a survey inspection and update is necessary, a survey inspection and update of the Survey dated after each such date and with respect to clause (ii), prepared and submitted pursuant to Section 7.13; (i) a reconciliation by Borrower or Manager of the progress and cost of the construction of the Required Improvements through the date of the Request for Advance with the Construction Schedule and the Budget, together with a projection of such progress and cost through to completion of the construction of the Required Improvements; (j) evidence of Borrower's or Manager's compliance with all recommendations (if any) set forth in the Environmental Report with respect to the testing for and removal and disposal of Hazardous Materials; (k) payment on or before the Advance date of the Draw Fee for such Advance and the Servicing Fee (if any) ...
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Related to RECEIPT OF ITEMS AND DOCUMENTS BY LENDER

  • Assignments by Lenders Any Lender may at any time assign to one or more assignees all or a portion of its rights and obligations under this Agreement (including all or a portion of its Commitment and the Loans at the time owing to it); provided that any such assignment shall be subject to the following conditions:

  • Assignments by Lender Any of the Lenders may at any time assign to one or more Eligible Transferees (or, if an Event of Default has occurred and is continuing, to any Person) all or a portion of its rights and obligations under this Agreement (including all or a portion of the Commitment and the Term Loan at the time owing to it) and the other Loan Documents; provided that no such assignment shall be made to the Borrower, any Affiliate of the Borrower or any employees or directors of any Obligor at any time. Subject to the recording thereof by the Administrative Agent pursuant to Section 14.05(d), from and after the effective date specified in each Assignment and Assumption, the assignee thereunder shall be a party to this Agreement and, to the extent of the interest assigned by such Assignment and Assumption, have the rights and obligations of such Lender under this Agreement and the other Loan Documents, and correspondingly the assigning Lender shall, to the extent of the interest assigned by such Assignment and Assumption, be released from its obligations under this Agreement (and, in the case of an Assignment and Assumption covering all of the Lender’s rights and obligations under this Agreement, such Lender shall cease to be a party hereto) and the other Loan Documents but shall continue to be entitled to the benefits of Section 5 and Section 14.03. Any assignment or transfer by a Lender of rights or obligations under this Agreement that does not comply with this Section 14.05(b) shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with Section 14.05(e).

  • Amendments by us We may vary any details of this agreement or a Direct Debit Request at any time by giving you at least fourteen (14) days’ written notice.

  • Amendment of Bidding Documents 10.1 Before the deadline for submission of bids, the Employer may modify the bidding documents by issuing addenda. 10.2 Any addendum thus issued shall be part of the bidding documents and shall be communicated in writing or by cable to all the purchasers of the bidding documents. Prospective bidders shall acknowledge receipt of each addendum by cable to the Employer. 10.3 To give prospective bidders reasonable time in which to take an addendum into account in preparing their bids, the Employer shall extend as necessary the deadline for submission of bids, in accordance with Sub-Clause 20.2 below.

  • Amendments by you You may change, stop or defer a debit payment, or terminate this agreement by providing us with at least fourteen (14) days’ written notification by emailing us at Xxxxxx.XxxxxxXxxxxxxx@xxx.xxx.xx or by telephoning us on 1800 333 004 during business hours or arranging it through your own financial institution.

  • Amendment of Tendering Document 7.1 At any time prior to the deadline for submission of Xxxxxxx, the Procuring Entity may amend the tendering document by issuing addenda. 7.2 Any addendum issued shall be part of the tendering document and shall be communicated in writing to all who have obtained the tender document from the Procuring Entity in accordance with ITT 6.3. The Procuring Entity shall also promptly publish the addendum on the Procuring Entity's web page in accordance with ITT 7.1. 7.3 To give prospective Tenderers reasonable time in which to take an addendum into account in preparing their Tenders, the Procuring Entity may, at its discretion, extend the deadline for the submission of Tenders, pursuant to ITT 21.2.

  • Amendment Documents This Amendment and any other instrument, document or certificate required by the Agent to be executed or delivered by the Borrower or any other Person in connection with this Amendment, duly executed by such Persons (the "Amendment Documents");

  • Modifications of Indebtedness, Organizational Documents and Certain Other Agreements; Etc (a) Amend, modify or otherwise change (or permit the amendment, modification or other change in any manner of) any of the provisions of any of its Indebtedness or of any instrument or agreement (including, without limitation, any purchase agreement, indenture, loan agreement or security agreement) relating to any such Indebtedness if such amendment, modification or change would (i) increase the interest rate on such Indebtedness; (ii) accelerate the dates upon which payments of principal or interest are due on, or increase the principal amount of, such Indebtedness; (iii) change in a manner materially adverse to the Borrower any event of default or add or make more restrictive any covenant with respect to such Indebtedness; (iv) change in a manner adverse to the Borrower, the prepayment, redemption or put provisions of such Indebtedness; (v) change the subordination provisions thereof (or the subordination terms of any guaranty thereof), if any; or (vi) change or amend any other term if such change or amendment would increase the obligations of the obligor or confer additional material rights on the holder of such Indebtedness in a manner adverse to the Borrower or the Lender, except in the case of this Section 7.7(a), if the incurrence of such Indebtedness, upon such amended terms, is not prohibited hereunder. (b) Except as permitted by Section 7.2, amend, modify or otherwise change its name, jurisdiction of formation or organizational identification number, in each case without providing the Lender not less than five (5) days prior written notice (or such shorter notice as the Lender may consent to in writing in its sole discretion). (c) Without not less than five (5) days prior written consent of the Lender, change any executive officer of the Borrower. (d) Amend, modify or otherwise change its Formation Documents or any agreement or arrangement entered into by it, with respect to any of its Equity Interests, or enter into any new agreement with respect to any of its Equity Interests, except any such amendments, modifications or changes or any such new agreements or arrangements pursuant to this Section 7.7(d) that, either individually or in the aggregate, are not adverse to the Lender and could not reasonably be expected to result in a Material Adverse Change.

  • Amendment, Modification or Waiver No provision of this Agreement may be amended, modified or waived except by an instrument in writing signed by the Assignor and the Assignee, and consented to by the Agent.

  • Merger & Modification This Contract constitutes the entire agreement between the parties. No understandings, agreements, or representations, oral or written, not specified within this Contract will be valid provisions of this Contract. This Contract may not be modified, supplemented, or amended, except by written agreement signed by all necessary parties.

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