Release of Required Repair Funds. Lender shall disburse to Borrower the Required Repair Funds from the Required Repair Account from time to time upon satisfaction by Borrower of each of the following conditions: (i) Borrower shall submit a written request for payment to Lender at least fifteen (15) days prior to the date on which Borrower requests such payment be made and specifies the Required Repairs to be paid, (ii) on the date such request is received by Lender and on the date such payment is to be made, no Default or Event of Default shall exist and remain uncured, (iii) Lender shall have received a certificate from Borrower (A) stating that all Required Repairs at the Property to be funded by the requested disbursement have been completed in good and workmanlike manner and in accordance with all applicable federal, state and local laws, rules and regulations, such certificate to be accompanied by a copy of any license, permit or other approval by any Governmental Authority required to commence and/or complete the Required Repairs, (B) identifying each Person that supplied materials or labor in connection with the Required Repairs performed at the Property to be funded by the requested disbursement under a contract in excess of $50,000, and (C) stating that each Person who has supplied materials or labor in connection with the Required Repairs to be funded by the requested disbursement has been paid in full or will be paid in full upon such disbursement, such certificate to be accompanied by lien waivers or other evidence of payment satisfactory to Lender, (iv) at Lender’s option, a title search for the Property indicating that the Property is free from all liens, claims and other encumbrances not previously approved by Lender, and (v) Lender shall have received such other evidence as Lender shall reasonably request that the Required Repairs at the Property to be funded by the requested disbursement have been completed and are paid for or will be paid upon such disbursement to Borrower. Lender shall not be required to make disbursements from the Required Repair Account with respect to the Property more than once each calendar month and such disbursement shall be made only upon satisfaction of each condition contained in this Section 7.1.2.
Appears in 11 contracts
Samples: Loan Agreement (Inland American Real Estate Trust, Inc.), Loan Agreement (Inland Western Retail Real Estate Trust Inc), Loan Agreement (Inland Western Retail Real Estate Trust Inc)
Release of Required Repair Funds. Lender shall disburse to Borrower the Required Repair Funds from the Required Repair Account from time to time upon satisfaction by Borrower of each of the following conditions: (i) Borrower shall submit a written request for payment to Lender at least fifteen (15) days prior to the date on which Borrower requests such payment be made and specifies the Required Repairs to be paid, (ii) on the date such request is received by Lender and on the date such payment is to be made, no Default or Event of Default shall exist and remain uncured, (iii) Lender shall have received a certificate from Borrower (A) stating that all Required Repairs at the Property to be funded by the requested disbursement have been completed in good and workmanlike manner and in accordance with all applicable federal, state and local laws, rules and regulations, such certificate to be accompanied by a copy of any license, permit or other approval by any Governmental Authority required to commence and/or complete the Required Repairs, (B) identifying each Person that supplied materials or labor in connection with the Required Repairs performed at the Property to be funded by the requested disbursement under a contract in excess of $50,000, and (C) stating that each Person who has supplied materials or labor in connection with the Required Repairs to be funded by the requested disbursement has been paid in full or will be paid in full upon such disbursement, such certificate to be accompanied by lien waivers or other evidence of payment satisfactory to Lender, (iv) at Lender’s 's option, a title search for the Property indicating that the Property is free from all liens, claims and other encumbrances not previously approved by Lender, and (v) Lender shall have received such other evidence as Lender shall reasonably request that the Required Repairs at the Property to be funded by the requested disbursement have been completed and are paid for or will be paid upon such disbursement to Borrower. Lender shall not be required to make disbursements from the Required Repair Account with respect to the Property more than once each calendar month and such disbursement shall be made only upon satisfaction of each condition contained in this Section 7.1.27.1.
Appears in 6 contracts
Samples: Loan Agreement (Inland Western Retail Real Estate Trust Inc), Loan Agreement (Inland Western Retail Real Estate Trust Inc), Loan Agreement (Inland Western Retail Real Estate Trust Inc)
Release of Required Repair Funds. Lender shall disburse to Borrower (or to Property Manager on behalf of Borrower) the Required Repair Funds from the Required Repair Account from time to time upon satisfaction by Borrower of each of the following conditions: :
(i) Borrower shall submit a written request for payment to Lender at least fifteen (15) days prior to the date on which Borrower requests such payment be made and specifies the Required Repairs to be paid, (ii) on the date such request is received by Lender and on the date such payment is to be made, no Default or Event of Default shall exist and remain uncured, (iii) Lender shall have received a certificate from Borrower (or the Property Manager on behalf of Borrower)
(A) stating that all Required Repairs at the Property to be funded by the requested disbursement have been completed in good and workmanlike manner and in accordance with all applicable federal, state and local laws, rules and regulations, such certificate to be accompanied by a copy of any license, permit or other approval by any Governmental Authority required to commence and/or complete the Required Repairs, (B) identifying each Person that supplied materials or labor in connection with the Required Repairs performed at the Property to be funded by the requested disbursement under a contract in excess of $50,000, and (C) stating that each Person who has supplied materials or labor in connection with the Required Repairs to be funded by the requested disbursement has been paid in full or will be paid in full upon such disbursement, such certificate to be accompanied by lien waivers or other evidence of payment satisfactory to Lender, (iv) at Lender’s 's option, a title search for the Property indicating that the Property is free from all liens, claims and other encumbrances not previously approved by Lender, and (v) Lender shall have received such other evidence as Lender shall reasonably request that the Required Repairs at the Property to be funded by the requested disbursement have been completed and are paid for or will be paid upon such disbursement to Borrower. Lender shall not be required to make disbursements from the Required Repair Account with respect to the Property more than once each calendar month and such disbursement shall be made only upon satisfaction of each condition contained in this Section 7.1.27.1.
Appears in 3 contracts
Samples: Loan Agreement (Behringer Harvard Reit I Inc), Loan Agreement (Behringer Harvard Reit I Inc), Loan Agreement (Behringer Harvard Reit I Inc)
Release of Required Repair Funds. Lender shall disburse to Borrower the Required Repair Funds from the Required Repair Account from time to time upon satisfaction by Borrower of each of the following conditions: (ia) Borrower shall submit a written request for payment to Lender (“Draw Request”) at least fifteen five (155) days Business Days prior to the date on which Borrower requests such payment be made and specifies the Required Repairs to be paid, (iib) on the date such request is received by Lender and on the date such payment is to be made, no Default or Event of Default shall exist have occurred and remain uncuredbe continuing, (iiic) Lender shall have received a certificate from Borrower an Officers’ Certificate accompanied by Sworn Statement/Lien Waiver and any supporting documentation requested by Lender (Ai) stating that all Required Repairs at the Property to be funded by the requested disbursement have been completed in good and workmanlike manner and in accordance with all applicable federal, state and local laws, rules and regulations, such certificate to be accompanied by a copy of any license, permit or other approval by any Governmental Authority required to commence and/or or complete the Required Repairs, (Bii) identifying each Person that supplied materials or labor in connection with the Required Repairs performed at the Property to be funded by the requested disbursement under a contract in excess of $50,000, and (C) stating that each Person who has supplied materials or labor in connection with the Required Repairs to be funded by the requested disbursement disbursement, and (iii) stating that each such Person has been paid in full or will be paid in full upon such disbursement, such certificate Officers’ Certificate to be accompanied by lien waivers or other evidence of payment satisfactory to Lender, (ivd) at Lender’s option, a title search for the Property indicating that the Property is free from all liens, claims and other encumbrances not previously approved by Lender, and (ve) Lender shall have received such other evidence as Lender shall reasonably request that the Required Repairs at the Property to be funded by the requested disbursement have been completed and are paid for or will be paid upon such disbursement to Borrower. Lender shall not be required to make disbursements from the Required Repair Account with respect to the Property (i) more than once each calendar a month and (ii) unless such requested disbursement is in an amount greater than $25,000.00 (or a lesser amount if the total amount in the Required Repair Account is less than $25,000.00, in which case only one disbursement of the amount remaining in the account shall be made) and such disbursement shall be made only upon satisfaction of each condition contained in this Section 7.1.27.1.
Appears in 3 contracts
Samples: Commercial Loan Agreement (Red Oak Capital Fund IV, LLC), Commercial Loan Agreement (Red Oak Capital Fund IV, LLC), Commercial Loan Agreement (Red Oak Capital Fund V, LLC)
Release of Required Repair Funds. Lender shall disburse to Borrower the Required Repair Funds from the Required Repair Account from time to time upon satisfaction by Borrower of each of the following conditions: (ia) Borrower shall submit a written request for payment to Lender at least fifteen thirty (1530) days prior to the date on which Borrower requests such payment be made and specifies the Required Repairs to be paid, (iib) on the date such request is received by Lender and on the date such payment is to be made, no Default or Event of Default shall exist and remain uncured, (iiic) Lender shall have received a certificate from Borrower an Officer’s Certificate (Ai) stating that all Required Repairs at the applicable Individual Property to be funded by the requested disbursement have been completed in good and workmanlike manner and and, to the best of Borrower’s knowledge, in accordance with all applicable federal, state Legal Requirements and local laws, rules and regulationsEnvironmental Laws, such certificate to be accompanied by a copy of any license, permit or other approval by any Governmental Authority required to commence and/or complete the Required Repairs, (Bii) identifying each Person that supplied materials or labor in connection with the Required Repairs performed at such Individual Property with respect to the Property reimbursement to be funded by the requested disbursement under a contract in excess of $50,000disbursement, and (Ciii) stating that each such Person who has supplied materials or labor in connection with the Required Repairs to be funded by the requested disbursement has been paid in full or will be paid in full upon such disbursement, such certificate Officer’s Certificate to be accompanied by lien waivers or other evidence of payment satisfactory to Lender, (ivd) at Lender’s option, a title search for the such Individual Property indicating that the such Individual Property is free from all liensLiens, claims and other encumbrances not previously approved by Lender, and (ve) Lender shall have received such other evidence as Lender shall reasonably request that the Required Repairs at the such Individual Property to be funded by the requested disbursement have been completed and are paid for or will be paid upon such disbursement to Borrower. Lender shall not be required to make disbursements from the Required Repair Account with respect to any Individual Property unless such requested disbursement is in an amount greater than $25,000 (or a lesser amount if the total amount in the Required Repair Account is less than $25,000, in which case only one disbursement of the amount remaining in the account shall be made). Lender shall not be obligated to make disbursements from the Required Repair Account with respect to an Individual Property in excess of the amount allocated for such Individual Property as set forth on Schedule 7.1.1 attached hereto. Upon the earlier of (1) Borrower’s completion of all Required Repairs to the satisfaction of Lender (provided Borrower has supplied Lender with evidence satisfactory to Lender of payment of all Required Repairs applicable to such Individual Property and, if requested by Lender, waivers of liens and/or, in the case of Required Repairs greater than $100,000.00, a title search of the Property more than once each calendar month or an endorsement to the mortgagee’s title insurance policy), (2) payment in full by Borrower of all sums evidenced by the Note and secured by the Security Instruments and release by Lender of the lien of the Security Instruments, or (3) release of such disbursement Individual Property in accordance with the provisions of Section 2.5 hereof, Lender shall be made only upon satisfaction of each condition contained in this Section 7.1.2disburse to Borrower all remaining Required Repair Funds allocated to such Individual Property as set forth on Schedule 7.1.1 attached hereto.
Appears in 3 contracts
Samples: Loan Agreement (U-Store-It Trust), Loan Agreement (U-Store-It Trust), Loan Agreement (U-Store-It Trust)
Release of Required Repair Funds. Lender shall disburse to Borrower the Required Repair Funds from the Required Repair Account from time to time upon satisfaction by Borrower of each of the following conditions: (i) Borrower shall submit a written request for payment to Lender at least fifteen (15) days prior to the date on which Borrower requests such payment be made and specifies the Required Repairs to be paid, (ii) on the date such request is received by Lender and on the date such payment is to be made, no Default or Event of Default shall exist and remain uncured, (iii) Lender shall have received a certificate from Borrower (A) stating that all Required Repairs at the Property to be funded by the requested disbursement have been completed in good and workmanlike manner and in accordance with all applicable federal, state and local laws, rules and regulations, such certificate to be accompanied by a copy of any license, permit or other approval by any Governmental Authority required to commence and/or complete the Required Repairs, (B) identifying each Person that supplied materials or labor in connection with the Required Repairs performed at the Property to be funded by the requested disbursement under a contract in excess of $50,000, and (C) stating that each Person who has supplied materials or labor in connection with the Required Repairs to be funded by the requested disbursement has been paid in full or will be paid in full upon such disbursement, such certificate to be accompanied by lien waivers or other evidence of payment satisfactory to Lender, (iv) at Lender’s 's option, a title search for the Property indicating that the Property is free from all liens, claims and other encumbrances not previously approved by Lender, and (v) Lender shall have received such other evidence as Lender shall reasonably request that the Required Repairs at the Property to be funded by the requested disbursement have been completed and are paid for or will be paid upon such disbursement to Borrower. Lender shall not be required to make disbursements from the Required Repair Account with respect to the Property more than once each calendar month and such disbursement shall be made only upon satisfaction of each condition contained in this Section 7.1.2.57
Appears in 3 contracts
Samples: Loan Agreement (Inland Western Retail Real Estate Trust Inc), Loan Agreement (Inland Western Retail Real Estate Trust Inc), Loan Agreement (Inland Western Retail Real Estate Trust Inc)
Release of Required Repair Funds. (a) Lender shall disburse to Borrower Borrowers the Required Repair Funds from the Required Repair Account from time to time time, but not more frequently than once in any thirty (30) day period, upon satisfaction by Borrower Borrowers of each of the following conditionsconditions with respect to each disbursement: (i) Borrower Borrowers shall submit a written request for payment to Lender (with a copy to the Title Company) at least fifteen thirty (1530) days prior to the date on which Borrower requests Borrowers request such payment be made and made, which request specifies the Required Repairs to be paid, (ii) on the date such request is received by Lender and on the date such payment is to be made, no Default or Event of Default shall exist and remain uncured, (iii) Lender shall have received a certificate from an Officer’s Certificate for each Borrower (A) stating that all Required Repairs at the Property to be funded by the requested disbursement have been completed in a good and workmanlike manner and in accordance with all applicable federal, state and local laws, rules and regulations, such certificate Officer’s Certificate to be accompanied by a copy of any license, permit or other approval by any Governmental Authority required to commence and/or complete the Required RepairsRepairs and not previously delivered to Lender, (B) identifying each Person that supplied materials or labor in connection with the Required Repairs performed at the Property to be funded by the requested disbursement under a contract in excess of $50,000disbursement, and (C) stating that each such Person who has supplied materials or labor in connection with the Required Repairs to be funded by the requested disbursement has been paid in full or will be paid in full upon such disbursement, for work completed and/or materials furnished to date, such certificate Officer’s Certificate to be accompanied by lien waivers or other evidence of payment satisfactory to LenderLender and the Title Company, (iv) at Lender’s option, Lender shall have received a title search for the Property indicating that the Property is Properties are free from all liens, claims and other encumbrances not previously approved by Lender, and (v) Lender shall have received such other evidence as Lender shall reasonably request that the Required Repairs at the Property to be funded by the requested disbursement have been completed and are paid for or will be paid upon such disbursement to BorrowerBorrowers. Lender shall not be required to make disbursements from the Required Repair Account with respect to unless such requested disbursement is in an amount greater than $5,000.00 (or a lesser amount if the Property more total amount in the Required Repair Account is less than once each calendar month $5,000.00, in which case only one disbursement of the amount remaining in the account shall be made) and such disbursement shall be made only upon satisfaction of each condition contained in this Section 7.1.2.
(b) Nothing in this Section 7.1.2 shall (i) make Lender responsible for performing or completing any Required Repairs; (ii) require Lender to expend funds in addition to the Required Repairs Funds to complete any Required Repairs; (iii) obligate Lender to proceed with any Required Repairs; or (iv) obligate Lender to demand from Borrowers additional sums to complete any Required Repairs.
(c) Borrowers shall permit Lender and Lender’s agents and representatives (including Lender’s engineer, architect or inspector) or third parties to enter onto the Properties during normal business hours (subject to the rights of tenants under their Leases) to inspect the progress of any Required Repairs and all materials being used in connection therewith and to examine all plans and shop drawings relating to such Required Repairs. Borrowers shall cause all contractors and subcontractors to cooperate with Lender or Lender’s representatives or such other Persons described above in connection with inspections described in this Section 7.1.2(c).
(d) If a disbursement will exceed $50,000.00, Lender may require an inspection of the applicable Property or Properties at Borrowers’ expense prior to making a disbursement of Required Repairs Funds in order to verify completion of the Required Repairs for which reimbursement is sought. Lender may require that such inspection be conducted by an appropriate independent qualified professional selected by Lender and may require a certificate of completion by an independent qualified professional architect acceptable to Lender prior to the disbursement of Required Repairs Funds. Borrowers shall pay the expense of the inspection as required hereunder, whether such inspection is conducted by Lender or by an independent qualified professional architect.
(e) In addition to any insurance required under the Loan Documents, Borrowers shall provide or cause to be provided worker’s compensation insurance, builder’s risk, and public liability insurance and other insurance to the extent required under applicable law in connection with the Required Repairs. All such policies shall be in form and amount reasonably satisfactory to Lender.
Appears in 3 contracts
Samples: Loan Agreement (MPG Office Trust, Inc.), Loan Agreement (MPG Office Trust, Inc.), Loan Agreement (Maguire Properties Inc)
Release of Required Repair Funds. Lender shall disburse to Borrower the Required Repair Funds from the Required Repair Account from time to time upon satisfaction by Borrower of each of the following conditions: (i) Borrower shall submit a written request for payment to Lender at least fifteen (15) days prior to the date on which Borrower requests such payment be made and specifies the Required Repairs to be paid, (ii) on the date such request is received by Lender and on the date such payment is to be made, no Default or Event of Default shall exist and remain uncured, (iii) Lender shall have received a certificate from Borrower (A) stating that all Required Repairs at the Property to be funded by the requested disbursement have been completed in good and workmanlike manner and in accordance with all applicable federal, state and local laws, rules and regulations, such certificate to be accompanied by a copy of any license, permit or other approval by any Governmental Authority required to commence and/or complete the Required Repairs, (B) identifying each Person that supplied materials or labor in connection with the Required Repairs performed at the Property to be funded by the requested disbursement under a contract in excess of $50,000, and (C) stating that each Person who has supplied materials or labor in connection with the Required Repairs to be funded by the requested disbursement has been paid in full or will be paid in full upon such disbursement, such certificate to be accompanied by lien waivers or other evidence of payment satisfactory to Lender, (iv) at Lender’s option, a title search for the Property indicating that the Property is free from all liens, claims and other encumbrances not previously approved by Lender, and (v) Lender shall have received such other evidence as Lender shall reasonably request that the Required Repairs at the Property to be funded by the requested disbursement have been completed and are paid for or will be paid upon such disbursement to Borrower. Lender shall not be required to make disbursements from the Required Repair Account with respect to the Property more than once each calendar month and such disbursement shall be made only upon satisfaction of each condition contained in this Section 7.1.27.1.
Appears in 3 contracts
Samples: Loan Agreement (Highlands REIT, Inc.), Loan Agreement (Highlands REIT, Inc.), Loan Agreement (Inland American Real Estate Trust, Inc.)
Release of Required Repair Funds. Lender shall disburse to Borrower the Borrowers all Required Repair Funds from in the Required Repair Account from time to time upon satisfaction by Borrower Borrowers of each of the following conditions: (ia) Borrower Borrowers shall submit a written request for payment to Lender at least fifteen thirty (1530) days prior to the date on which Borrower requests Borrowers request such payment be made and specifies (except in the Required Repairs to be paidcase of an emergency repair which requires immediate attention, in which event Borrowers may submit such payment request within ten (10) days), (iib) on the date such request is received by Lender and on the date such payment is to be made, no Default or Event of Default shall exist and remain uncured, (iiic) Lender shall have received a certificate an Officer's Certificate from Borrower (A) stating Borrowers certifying that all Required Repairs at the Property to be funded by the Properties for which disbursement has been requested disbursement have been completed (i) in a good and workmanlike manner manner, and (ii) in accordance with all applicable federal, state Legal Requirements and local laws, rules and regulationsapplicable Property Agreements, such certificate to be accompanied by a copy of any each license, permit or other approval required by any Governmental Authority required with respect to commence and/or complete the Required RepairsRepair, (Bd) Lender shall have received an Officer's Certificate from Borrowers (i) identifying each Person that supplied materials or labor in connection with the Required Repairs performed at the Property to be funded by the for which disbursement has been requested disbursement under a contract in excess of $50,000, and (Cii) stating that each such Person who has supplied materials or labor in connection with the Required Repairs to be funded by the requested disbursement has been paid in full or will be paid in full upon such disbursementwith the funds disbursed, such certificate to be accompanied by a copy of appropriate lien waivers or other evidence of payment satisfactory to Lender, (ive) at Lender’s 's option, a title search for the applicable Property indicating that the such Property is free from all liens, claims and other encumbrances arising from the Required Repair or not previously approved by Lender, and (vf) Lender shall have received such other evidence as Lender shall reasonably request that the Required Repairs at the Property to be funded by the requested disbursement Properties have been completed and are paid for or will be paid upon such disbursement to Borrowerfor. Lender shall not be required to make disbursements only one disbursement from the Required Repair Account with respect to the Property more than once each calendar during a month and such disbursement shall be made only upon satisfaction of each condition contained in this Section 7.1.27.2.
Appears in 2 contracts
Samples: Loan Agreement (Horizon Group Properties Inc), Loan Agreement (Prime Retail Lp)
Release of Required Repair Funds. (a) Lender shall disburse to Borrower Borrowers the Required Repair Funds from the Required Repair Account from time to time time, but not more frequently than twice in any thirty (30) day period, upon satisfaction by Borrower Borrowers of each of the following conditionsconditions with respect to each disbursement: (iA) Borrower Borrowers shall submit a written request for payment to Lender (with a copy to the Title Company) at least fifteen ten (1510) days Business Days prior to the date on which Borrower requests Borrowers request such payment be made and made, which request specifies the Required Repairs to be paid, (iiB) on the date such request is received by Lender and on the date such payment is to be made, no Default or Event of Default shall exist and remain uncured, (iiiC) Lender and the Title Company shall have received a certificate from Borrower an Officer’s Certificate (Ai) stating that all Required Repairs at the Property to be funded by the requested disbursement have been completed in a good and workmanlike manner and in accordance with all applicable federal, state and local laws, rules and regulations, such certificate Officer’s Certificate to be accompanied by a copy of any license, permit or other approval by any Governmental Authority required to commence and/or complete the Required Repairs, (Bii) identifying each Person that supplied materials or labor in connection with the Required Repairs performed at the Property to be funded by the requested disbursement under a contract in excess of $50,000, and (C) stating that each Person who has supplied materials or labor in connection with the Required Repairs to be funded by the requested disbursement disbursement, and (iii) stating that each such Person referred to in the preceding clause (ii) has been paid in full or will be paid in full upon such disbursement, for work completed and/or materials furnished to date, such certificate Officer’s Certificate to be accompanied by lien waivers or other evidence of payment satisfactory to LenderLender and the Title Company, (ivD) at Lender’s option, Lender shall have received a title search for the Property indicating that the Property at which such Required Repair shall have been completed is free from all liens, claims and other encumbrances not previously approved by other than Permitted Encumbrances, (E) at Lender’s option Lender shall have received an endorsement to the applicable Title Insurance Policy in the amount of the Required Repair Funds requested from the Required Repair Account in respect of such Property, which endorsement shall be acceptable to Lender in its sole discretion and (vF) Lender shall have received such other evidence as Lender shall reasonably request that the Required Repairs at the Property to be funded by the requested disbursement have been completed and are paid for or will be paid upon such disbursement to BorrowerBorrowers. Lender shall not be required to make disbursements from the Required Repair Account with respect to unless such requested disbursement is in an amount greater than $5,000 (or a lesser amount if the Property more total amount in the Required Repair Account is less than once each calendar month $5,000, in which case only one disbursement of the amount remaining in the account shall be made) and such disbursement shall be made only upon satisfaction of each condition contained in this Section 7.1.2.
(b) Nothing in this Section 7.1.2 shall (i) make Lender responsible for performing or completing any Required Repairs; (ii) require Lender to expend funds in addition to the Required Repairs Funds to complete any Required Repairs; (iii) obligate Lender to proceed with any Required Repairs; or (iv) obligate Lender to demand from Borrowers additional sums to complete any Required Repairs.
(c) Each Borrower shall permit Lender and Lender’s agents and representatives (including Lender’s engineer, architect or inspector) or third parties to enter onto the Property or Properties owned by such Borrower during normal business hours (subject to the rights of tenants under their Leases) to inspect the progress of any Required Repairs and all materials being used in connection therewith and to examine all plans and shop drawings relating to such Required Repairs. Borrowers shall cause all contractors and subcontractors to cooperate with Lender or Lender’s representatives or such other Persons described above in connection with inspections described in this Section 7.1.2(c).
(d) If the aggregate cost of the work (to which any disbursement relates) will exceed $25,000.00 with respect to any Property, Lender may require an inspection of such Property at Borrowers’ expense prior to making a disbursement of Required Repairs Funds in order to verify completion of the Required Repairs for which reimbursement is sought. Lender may require that such inspection be conducted by an appropriate independent qualified professional selected by Lender and may require a certificate of completion by an independent qualified professional architect reasonably acceptable to Lender prior to the disbursement of Required Repairs Funds. Borrowers shall pay the reasonable expense of the inspection as required hereunder, whether such inspection is conducted by Lender or by an independent qualified professional architect.
(e) In addition to any insurance required under the Loan Documents, Borrowers shall provide or cause to be provided worker’s compensation insurance, builder’s risk, and public liability insurance and other insurance to the extent required under applicable law in connection with the Required Repairs. All such policies shall be in form and amount reasonably satisfactory to Lender.
Appears in 2 contracts
Samples: Loan Agreement (Cole Credit Property Trust Inc), Loan Agreement (Cole Credit Property Trust III, Inc.)
Release of Required Repair Funds. Lender shall disburse to Borrower the Required Repair Funds from the Required Repair Account from time to time upon satisfaction by Borrower of each of the following conditions: (ia) Borrower shall submit a written request for payment to Lender at least fifteen thirty (1530) days prior to the date on which Borrower requests such payment be made and specifies the Required Repairs to be paid, (iib) on the date such request is received by Lender and on the date such payment is to be made, no Default or Event of Default shall exist and remain uncured, (iiic) Lender shall have received a certificate from Borrower an Officers’ Certificate (Ai) stating that all Required Repairs at the applicable Individual Property to be funded by the requested disbursement have been completed in good and workmanlike manner and and, to the best of Borrower’s knowledge, in accordance with all applicable federal, state Legal Requirements and local laws, rules and regulationsEnvironmental Laws, such certificate to be accompanied by a copy of any license, permit or other approval by any Governmental Authority required to commence and/or complete the Required Repairs, (Bii) identifying each Person that supplied materials or labor in connection with the Required Repairs performed at such Individual Property with respect to the Property reimbursement to be funded by the requested disbursement under a contract in excess of $50,000disbursement, and (Ciii) stating that each such Person who has supplied materials or labor in connection with the Required Repairs to be funded by the requested disbursement has been paid in full or will be paid in full upon such disbursement, such certificate Officers’ Certificate to be accompanied by lien waivers or other evidence of payment satisfactory to Lender, (ivd) at Lender’s optionoption (in its reasonable discretion), a title search for the such Individual Property indicating that the such Individual Property is free from all liensLiens, claims and other encumbrances not previously approved by Lender, and (ve) Lender shall have received such other evidence as Lender shall reasonably request that the Required Repairs at the such Individual Property to be funded by the requested disbursement have been completed and are paid for or will be paid upon such disbursement to Borrower. Lender shall not be required to make disbursements from of Required Repair Funds with respect to any Individual Property unless such requested disbursement is in an amount greater than $25,000 (or a lesser amount if the total amount of the Required Repair Account Funds is less than $25,000, in which case only one disbursement of the amount remaining in the account shall be made). Lender shall not be obligated to make disbursements of the Required Repair Funds with respect to an Individual Property in excess of the amount allocated for such Individual Property more than once each calendar month as set forth on Schedule 7.1 hereof; provided, however, if any Required Repair has been completed and paid for in full and there remains any undisbursed Required Repair Funds that have been allocated to such disbursement Required Repair, then Lender, at Borrower’s request, shall be made only upon satisfaction of each condition contained in this Section 7.1.2.make such undisbursed Required Repair Funds available to
Appears in 2 contracts
Samples: Loan Agreement (KBS Real Estate Investment Trust, Inc.), Loan Agreement (KBS Real Estate Investment Trust, Inc.)
Release of Required Repair Funds. Lender shall disburse to Borrower the Required Repair Funds from the Required Repair Account from time to time upon satisfaction by Borrower of each of the following conditions: :
(i) Borrower shall submit a written request for payment to Lender at least fifteen (15) days prior to the date on which Borrower requests such payment be made and specifies the Required Repairs to be paid, (ii) on the date such request is received by Lender and on the date such payment is to be made, no Default or Event of Default shall exist and remain uncured, (iii) Lender shall have received a certificate from Borrower (A) stating that all Required Repairs at the applicable Individual Property to be funded by the requested disbursement have been completed in good and workmanlike manner and in accordance with all applicable federal, state and local laws, rules and regulations, such certificate to be accompanied by a copy of any license, permit or other approval by any Governmental Authority required to commence and/or complete the Required Repairs, (B) identifying each Person that supplied materials or labor in connection with the Required Repairs performed at the such Individual Property to be funded by the requested disbursement under a contract in excess of $50,000, and (C) stating that each Person who has supplied materials or labor in connection with the Required Repairs to be funded by the requested disbursement has been paid in full or will be paid in full upon such disbursement, such certificate to be accompanied by lien waivers or other evidence of payment satisfactory to Lender, (iv) at Lender’s 's option, a title search for the such Individual Property indicating that the such Individual Property is free from all liens, claims and other encumbrances not previously approved by Lender, and (v) Lender shall have received such other evidence as Lender shall reasonably request that the Required Repairs at the such Individual Property to be funded by the requested disbursement have been completed and are paid for or will be paid upon such disbursement to Borrower. Lender shall not be required to make disbursements from the Required Repair Account with respect to the Property all Individual Properties more than once each calendar month and such disbursement shall be made only upon satisfaction of each condition contained in this Section 7.1.27.1.
Appears in 2 contracts
Samples: Loan Agreement (Inland Real Estate Corp), Loan Agreement (Inland Real Estate Corp)
Release of Required Repair Funds. Lender shall disburse to Borrower the all Required Repair Funds from in the Required Repair Account from time to time upon satisfaction by Borrower of each of the following conditions: :
(ia) Borrower shall submit a written request for payment to Lender at least fifteen thirty (1530) days prior to the date on which Borrower requests such payment be made and specifies (except in the Required Repairs to be paidcase of an emergency repair which requires immediate attention, in which event Borrower may submit such payment request within ten (10) days), (iib) on the date such request is received by Lender and on the date such payment is to be made, no Default or Event of Default shall exist and remain uncured, (iiic) Lender shall have received a certificate an Officer's Certificate from Borrower (A) stating certifying that all Required Repairs at the Property to be funded by the for which disbursement has been requested disbursement have been completed (i) in a good and workmanlike manner and (ii) in accordance with all applicable federal, state and local laws, rules and regulationsLegal Requirements, such certificate to be accompanied by a copy of any each license, permit or other approval required by any Governmental Authority required to commence and/or complete for the Required Repairsuse or occupancy of the Property, (Bd) Lender shall have received an Officer's Certificate from Borrower (i) identifying each Person that supplied materials or labor in connection with the Required Repairs performed at the Property to be funded by the for which disbursement has been requested disbursement under a contract in excess of $50,000, and (Cii) stating that each such Person who has supplied materials or labor in connection with the Required Repairs to be funded by the requested disbursement has been paid in full or will be paid in full upon such disbursementwith the funds disbursed, such certificate to be accompanied by a copy of appropriate lien waivers or other evidence of payment satisfactory to Lender, (ive) at Lender’s 's option, a title search for the Property indicating that the Property is free from all liens, claims and other encumbrances not previously approved by Lender, Lender and (vf) Lender shall have received such other evidence as Lender shall reasonably request that the Required Repairs at the Property to be funded by the requested disbursement have been completed and are paid for or will be paid upon for with the proceeds of such disbursement to Borrowerdisbursement. Lender shall not be required to make disbursements only one disbursement from the Required Repair Account with respect to the Property more than once each calendar during a month and such disbursement shall be made only upon satisfaction of each condition contained in this Section 7.1.27.
Appears in 2 contracts
Samples: Loan Agreement (Prime Group Realty Trust), Loan Agreement (Prime Group Realty Trust)
Release of Required Repair Funds. Lender shall disburse to Borrower the Required Repair Funds from the Required Repair Account from time to time upon satisfaction by Borrower of each of the following conditions: (ia) Borrower shall submit a written request for payment to Lender at least fifteen thirty (1530) days prior to the date on which Borrower requests such payment be made and specifies the Required Repairs to be paid, (iib) on the date such request is received by Lender and on the date such payment is to be made, no Default or Event of Default shall exist and remain uncured, (iiic) Lender shall have received a certificate from Borrower an Officers’ Certificate (Ai) stating that all Required Repairs at the Property to be funded by the requested disbursement have been completed in good and workmanlike manner and in accordance with all applicable federal, state and local laws, rules and regulations, such certificate to be accompanied by a copy of any license, permit or other approval by any Governmental Authority required to commence and/or complete the Required Repairs, (Bii) identifying each Person that supplied materials or labor in connection with the Required Repairs performed at the Property to be funded by the requested disbursement under a contract in excess of $50,000, and (C) stating that each Person who has supplied materials or labor in connection with the Required Repairs to be funded by the requested disbursement disbursement, and (iii) stating that each such Person has been paid in full or will be paid in full upon such disbursement, such certificate Officers’ Certificate to be accompanied by lien waivers or other evidence of payment satisfactory to Lender, (ivd) at Lender’s option, a title search for the Property indicating that the Property is free from all liens, claims and other encumbrances not previously approved by Lender, and (ve) Lender shall have received such other evidence as Lender shall reasonably request that the Required Repairs at the Property to be funded by the requested disbursement have been completed and are paid for or will be paid upon such disbursement to Borrower. Lender shall not be required to make disbursements from the Required Repair Account with respect to the Property (i) more than once each calendar a month and (ii) unless such requested disbursement is in an amount greater than $25,000.00 (or a lesser amount if the total amount in the Required Repair Account is less than $25,000.00), in which case only one disbursement of the amount remaining in the account shall be made) and such disbursement shall be made only upon satisfaction of each condition contained in this Section 7.1.27.1.
Appears in 2 contracts
Samples: Loan Agreement (TNP Strategic Retail Trust, Inc.), Loan Agreement (TNP Strategic Retail Trust, Inc.)
Release of Required Repair Funds. Lender shall disburse to Borrower the Required Repair Funds from the Required Repair Account from time to time upon satisfaction by Borrower of each of the following conditions: (ia) Borrower shall submit a written request for payment to Lender at least fifteen twenty (1520) days prior to the date on which Borrower requests such payment be made and specifies the Required Repairs (or the completed portion thereof) to be paid, (iib) on the date such request is received by Lender and on the date such payment is to be made, no Default or Event of Default shall exist and remain uncured, (iiic) Lender shall have received a certificate from Borrower an Officers’ Certificate (Ai) stating that all Required Repairs at (or the Property completed portion thereof) to be funded by the requested disbursement have been completed in good and workmanlike manner and in accordance with all applicable federal, state and local laws, rules and regulations, such certificate to be accompanied by a copy of any license, permit or other approval by any Governmental Authority required to commence and/or or complete such Required Repairs (or the Required Repairscompleted portion thereof), (Bii) identifying each Person that supplied materials or labor in connection with the Required Repairs performed at (or the Property completed portion thereof) to be funded by the requested disbursement under a contract in excess of $50,000disbursement, and (Ciii) stating that each such Person who has supplied materials or labor in connection with the Required Repairs to be funded by the requested disbursement has been paid in full or will be paid in full upon such disbursementdisbursement and (d) if the requested disbursement is for a sum in excess of $100,000 for any applicable Individual Property, such certificate to be accompanied by lien waivers or other evidence of payment satisfactory to Lender, (iv) at Lender’s optionoption (and following delivery of Lxxxxx’s written request therefor), Lender shall have received a title search for the applicable Individual Property indicating that the applicable Individual Property is free from all liens, claims and other encumbrances not previously approved by Lender, and (v) Lender shall have received such other evidence as Lender shall reasonably request that the Required Repairs at the Property to be funded by the requested disbursement have been completed and are paid for or will be paid upon such disbursement to Borrower. Lender shall not be required to make disbursements from the Required Repair Account with respect to the Property (i) more than once each calendar a month and (ii) unless such requested disbursement is in an amount greater than $25,000.00 (or a lesser amount if the total amount in the Required Repair Account is less than $25,000.00 in which case only one disbursement of the amount remaining in the account shall be made) and such disbursement shall be made only upon satisfaction of each condition contained in this Section 7.1.27.
Appears in 2 contracts
Samples: Loan Agreement (Necessity Retail REIT, Inc.), Loan Agreement (Healthcare Trust, Inc.)
Release of Required Repair Funds. Lender shall disburse to Borrower the Required Repair Funds from the Required Repair Account from time to time upon satisfaction by Borrower of each of the following conditions: :
(ia) Borrower shall submit a written request for payment to Lender at least fifteen (15) days prior to the date on which Borrower requests such payment be made and specifies the Required Repairs to be paid, (iib) on the date such request is received by Lender and on the date such payment is to be made, no Default or Event of Default shall exist and remain uncured, (iiic) Lender shall have received a certificate from Borrower an Officer’s Certificate (Ai) stating that all Required Repairs at the Property to be funded by the requested disbursement have been completed in good and workmanlike manner and in accordance with all applicable federal, state and local laws, rules and regulations, such certificate to be accompanied by a copy of any license, permit or other approval by any Governmental Authority required to commence and/or complete the Required RepairsRepairs (or a statement that none are required), (Bii) identifying each Person that supplied materials or labor in connection with the Required Repairs performed at the Property to be funded by the requested disbursement under a contract in excess of $50,000, and (Ciii) stating that each such Person who has supplied materials or labor in connection with the Required Repairs to be funded by the requested disbursement has been paid in full or will be paid in full upon such disbursement, such certificate (d) Borrower shall provide to be accompanied by lien waivers Lender a copy of an invoice (and if applicable, a check) or other evidence of payment satisfactory demonstrating that each Person that is not an Affiliate who has supplied materials or labor in connection with the Required Repairs to Lender, (iv) at Lender’s option, a title search for be funded by the Property indicating that the Property is free from all liens, claims and other encumbrances not previously approved by Lenderrequested disbursement has been paid in full or will be paid in full upon such disbursement, and (ve) Lender shall have received such other photographic evidence as Lender shall reasonably request that the Required Repairs at the Property to be funded by the requested disbursement have been completed and are paid for or will be paid upon such disbursement to Borrower. Lender shall not be required to make disbursements from the Required Repair Account with respect to the Property (i) more than once each a calendar month and (ii) unless such requested disbursement is in an amount greater than $5,000.00 (or a lesser amount if the total amount in the Required Repair Account is less than $5,000.00), in which case only one disbursement of the amount remaining in the account shall be made) and such disbursement shall be made only upon satisfaction of each condition contained in this Section 7.1.27.1.
Appears in 2 contracts
Samples: Loan Agreement (Inland Diversified Real Estate Trust, Inc.), Loan Agreement (Inland Diversified Real Estate Trust, Inc.)
Release of Required Repair Funds. Lender shall disburse to Borrower the Required Repair Funds from the Required Repair Account from time to time upon satisfaction by Borrower of each of the following conditions: :
(ia) Borrower shall submit a written request for payment to Lender at least fifteen ten (1510) days Business Days prior to the date on which Borrower requests such payment be made and specifies the Required Repairs to be paid, (iib) on the date such request is received by Lender and on the date such payment is to be made, no Default or Event of Default shall exist and remain uncured, (iiic) Lender shall have received a certificate from Borrower an Officers’ Certificate (Ai) stating that all Required Repairs at the applicable Individual Property to be funded by the requested disbursement have been completed in good and workmanlike manner and and, to the best of Borrower’s knowledge, in accordance with all applicable federal, state Legal Requirements and local laws, rules and regulationsEnvironmental Laws, such certificate to be accompanied by a copy of any license, permit or other approval by any Governmental Authority required to commence and/or complete the Required Repairs, (Bii) identifying each Person that supplied materials or labor in connection with the Required Repairs performed at such Individual Property with respect to the Property reimbursement to be funded by the requested disbursement under a contract in excess of $50,000disbursement, and (Ciii) stating that each such Person who has supplied materials or labor in connection with the Required Repairs to be funded by the requested disbursement has been paid in full or will be paid in full upon such disbursement, such certificate Officers’ Certificate to be accompanied by lien waivers or other evidence of payment satisfactory to Lender, (ivd) in connection with any requested disbursement in excess of $250,000, at Lender’s option, a title search for the such Individual Property indicating that the such Individual Property is free from all liensLiens, claims and other encumbrances not previously approved by Lender, (e) Borrower shall have delivered to Lender, if required by Lender in connection with any requested disbursement, (i) evidence reasonably satisfactory to Lender that Borrower has applied any Required Repair Funds previously disbursed to it pursuant to this Section 7.1.2 toward the Required Repair costs and expenses for which such Required Repair Funds were disbursed, and (vf) Lender shall have received such other evidence as Lender shall reasonably request that the Required Repairs at the such Individual Property to be funded by the requested disbursement have been completed and are paid for or will be paid upon such disbursement to Borrower. Lender shall not be required to make disbursements from the Required Repair Account with respect to any Individual Property unless such requested disbursement is in an amount greater than $10,000 (or a lesser amount if the Property more total amount in the Required Repair Account is less than once each calendar month and such $10,000, in which case only one disbursement of the amount remaining in the account shall be made only upon satisfaction made). Lender shall not be obligated to make disbursements from the Required Repair Account with respect to an Individual Property in excess of each condition contained in this Section 7.1.2the amount allocated for such Individual Property as set forth on Schedule III hereto.
Appears in 2 contracts
Samples: Loan Agreement (Meristar Hospitality Operating Partnership Lp), Loan Agreement (Meristar Hospitality Corp)
Release of Required Repair Funds. Lender Trustee shall disburse to Borrower Issuers the Required Repair Funds from the Required Repair Account from time to time time, but not more frequently than once in any ten (10) day period, upon satisfaction by Borrower Issuers of each of the following conditions: (ia) Borrower Issuers shall submit a written request for payment to Lender Trustee at least fifteen ten (1510) days prior to the date on which Borrower Issuers requests such payment be made and specifies the Required Repairs to be paid, (iib) on the date such request is received by Lender Trustee and on the date such payment is to be made, no Default or Event of Default shall exist and remain uncured, (iiic) Lender Trustee shall have received a certificate from Borrower an Officer’s Certificate (Ai) stating that all Required Repairs at the Property to be funded by the requested disbursement have been completed in good and workmanlike manner and in accordance with all applicable federal, state and local laws, rules and regulations, such certificate Officer’s Certificate to be accompanied by a copy of any license, permit or other approval by any Governmental Authority required to commence and/or complete the Required Repairs, (Bii) identifying each Person that supplied materials or labor in connection with the Required Repairs performed at the Property to be funded by the requested disbursement under a contract in excess of $50,000, and (C) stating that each Person who has supplied materials or labor in connection with the Required Repairs to be funded by the requested disbursement disbursement, and (iii) stating that each such Person has been paid in full or will be paid in full upon such disbursement, such certificate Officer’s Certificate to be accompanied by lien waivers or other evidence of payment satisfactory to LenderTrustee, (ivd) at Lender’s option, a title search for the Property indicating that the Property is free from all liens, claims and other encumbrances not previously approved by Lenderintentionally omitted, and (ve) Lender Trustee shall have received such other evidence as Lender Trustee shall reasonably request that the Required Repairs at the Property to be funded by the requested disbursement have been completed and are paid for or will be paid upon such disbursement to BorrowerIssuers. Lender Trustee shall not be required to make disbursements from the Required Repair Account with respect to unless such requested disbursement is in an amount greater than $5,000 (or a lesser amount if the Property more total amount in the Required Repair Account is less than once each calendar month $5,000, in which case only one disbursement of the amount remaining in the account shall be made) and such disbursement shall be made only upon satisfaction of each condition contained in this Section 7.1.210.01(b).
Appears in 2 contracts
Samples: Note Indenture (Kerzner International LTD), Note Indenture (Kerzner International LTD)
Release of Required Repair Funds. Lender shall disburse to Borrower the Required Repair Funds from the Required Repair Account from time to time upon satisfaction by Borrower of each of the following conditions: :
(ia) Borrower shall submit a written request for payment to Lender at least fifteen thirty (1530) days prior to the date on which Borrower requests such payment be made and specifies the Required Repairs to be paid, (iib) on the date such request is received by Lender and on the date such payment is to be made, no Default or Event of Default shall exist and remain uncured, (iiic) Lender shall have received a certificate from Borrower an Officer's Certificate (Ai) stating that all Required Repairs at the applicable Individual Property to be funded by the requested disbursement have been completed in good and workmanlike manner and and, to the best of Borrower's knowledge, in accordance with all applicable federal, state Legal Requirements and local laws, rules and regulationsEnvironmental Laws, such certificate to be accompanied by a copy of any license, permit or other approval by any Governmental Authority required to commence and/or complete the Required Repairs, (Bii) identifying each Person that supplied materials or labor in connection with the Required Repairs performed at such Individual Property with respect to the Property reimbursement to be funded by the requested disbursement under a contract in excess of $50,000disbursement, and (Ciii) stating that each such Person who has supplied materials or labor in connection with the Required Repairs to be funded by the requested disbursement has been paid in full or will be paid in full upon such disbursement, such certificate Officer's Certificate to be accompanied by lien waivers or other evidence of payment satisfactory to Lender, (ivd) at Lender’s 's option, a title search for the such Individual Property indicating that the such Individual Property is free from all liensLiens, claims and other encumbrances not previously approved by Lender, and (ve) Lender shall have received such other evidence as Lender shall reasonably request that the Required Repairs at the such Individual Property to be funded by the requested disbursement have been completed and are paid for or will be paid upon such disbursement to Borrower. Lender shall not be required to make disbursements from the Required Repair Account with respect to any Individual Property unless such requested disbursement is in an amount greater than $25,000 (or a lesser amount if the total amount in the Required Repair Account is less than $25,000, in which case only one disbursement of the amount remaining in the account shall be made). Lender shall not be obligated to make disbursements from the Required Repair Account with respect to an Individual Property in excess of the amount allocated for such Individual Property as set forth on Schedule 7.1.1 attached hereto. Upon the earlier of (1) Borrower's completion of all Required Repairs to the satisfaction of Lender (provided Borrower has supplied Lender with evidence satisfactory to Lender of payment of all Required Repairs applicable to such Individual Property and, if requested by Lender, waivers of liens and/or, in the case of Required Repairs greater than $100,000.00, a title search of the Property more than once each calendar month or an endorsement to the mortgagee's title insurance policy), (2) payment in full by Borrower of all sums evidenced by the Note and secured by the Security Instruments and release by Lender of the lien of the Security Instruments, or (3) release of such disbursement Individual Property in accordance with the provisions of Section 2.5 hereof, Lender shall be made only upon satisfaction of each condition contained in this Section 7.1.2disburse to Borrower all remaining Required Repair Funds allocated to such Individual Property as set forth on Schedule 7.1.1 attached hereto.
Appears in 2 contracts
Samples: Loan Agreement (U-Store-It Trust), Loan Agreement (U-Store-It Trust)
Release of Required Repair Funds. (a) To the extent deposited and available, Lender shall disburse to Borrower the Required Repair Funds from the Required Repair Account from time to time time, but not more frequently than once in any thirty (30) day period, upon satisfaction by Borrower of each of the following conditions: conditions with respect to each disbursement:
(i) Borrower shall submit a written request for payment to Lender at least fifteen ten (1510) days Business Days prior to the date on which Borrower requests such payment be made and made, which request specifies the Required Repairs to be paid, (ii) on the date such request is received by Lender and on the date such payment is to be made, no Default or Event of Default shall exist and remain uncured, (iii) Lender shall have received a certificate from Borrower an Officer’s Certificate (A) stating that all Required Repairs at the Property to be funded by the requested disbursement have been completed in a good and workmanlike manner and in accordance with all applicable federalFederal, state and local laws, rules and regulations, such certificate Officer’s Certificate to be accompanied by a copy of any license, permit or other approval by any Governmental Authority required to commence and/or complete the Required Repairs, (B) identifying each Person that supplied materials or labor in connection with the Required Repairs performed at the Property to be funded by the requested disbursement under a contract in excess of $50,000disbursement, and (C) stating that each such Person who has supplied materials or labor in connection with the Required Repairs to be funded by the requested disbursement has been paid in full or will be paid in full upon such disbursement, for work completed and/or materials furnished to date, such certificate Officer’s Certificate to be accompanied by lien waivers or other evidence of payment reasonably satisfactory to Lender, (iv) if such disbursement is the final disbursement of Required Repair Funds, Lender shall, at Lender’s option, have received a title search for the Property indicating that the Property is free from all liens, claims and other encumbrances not previously approved by Lender, and (v) Lender shall have received such other evidence as Lender shall reasonably request that the Required Repairs at the Property to be funded by the requested disbursement have been completed and are paid for or will be paid upon such disbursement to Borrower. Lender shall not be required to make disbursements from the Required Repair Account with respect to unless such requested disbursement is in an amount greater than $5,000 (or a lesser amount if the Property more total amount in the Required Repair Account is less than once each calendar month $5,000, in which case only one disbursement of the amount remaining in the account shall be made) and such disbursement shall be made only upon satisfaction of each condition contained in this Section 7.1.2.
(b) Nothing in this Section 7.1.2 shall (i) make Lender responsible for performing or completing any Required Repairs; (ii) require Lender to expend funds in addition to the Required Repairs Funds to complete any Required Repairs; (iii) obligate Lender to proceed with any Required Repairs; or (iv) obligate Lender to demand from Borrower additional sums to complete any Required Repairs.
(c) Borrower shall permit Lender and Lender’s agents and representatives (including Lender’s engineer, architect or inspector) or third parties to enter onto the Property during normal business hours (subject to the rights of Tenant under their Leases) to inspect the progress of any Required Repairs and all materials being used in connection therewith and to examine all plans and shop drawings relating to such Required Repairs. Borrower shall cause all contractors and subcontractors to cooperate with Lender or Lender’s representatives or such other Persons described above in connection with inspections described in this Section 7.1.2(c).
(d) If a disbursement will exceed $350,000.00, Lender may require an inspection of the Property at Borrower’s expense prior to making a disbursement of Required Repairs Funds in order to verify completion of the Required Repairs for which reimbursement is sought. Lender may require that such inspection be conducted by an appropriate independent qualified professional selected by Lender and may require a certificate of completion by an independent qualified professional architect acceptable to Lender prior to the disbursement of Required Repairs Funds. Borrower shall pay the expense of the inspection as required hereunder, whether such inspection is conducted by Lender or by an independent qualified professional architect.
Appears in 2 contracts
Samples: Loan Agreement (Inland Diversified Real Estate Trust, Inc.), Loan Agreement (Inland Diversified Real Estate Trust, Inc.)
Release of Required Repair Funds. (a) Lender shall disburse to Borrower the Required Repair Funds from the Required Repair Account from time to time time, but not more frequently than once in any thirty (30) day period, upon satisfaction by Borrower of each of the following conditions: conditions with respect to each disbursement:
(i) Borrower shall submit a written request for payment to Lender (with a copy to the Title Company) at least fifteen ten (1510) days Business Days prior to the date on which Borrower requests such payment be made and made, which request specifies the Required Repairs to be paid, (ii) on the date such request is received by Lender and on the date such payment is to be made, no Default or Event of Default shall exist and remain uncured, (iii) Lender shall have received a certificate from Borrower an Officer’s Certificate (A) stating that all Required Repairs at the Property to be funded by the requested disbursement have been completed in a good and workmanlike manner and in accordance with all applicable federalFederal, state and local laws, rules and regulations, such certificate Officer’s Certificate to be accompanied by a copy of any license, permit or other approval by any Governmental Authority required to commence and/or complete the Required Repairs, (B) identifying each Person that supplied materials or labor in connection with the Required Repairs performed at the Property to be funded by the requested disbursement under a contract in excess of $50,000disbursement, and (C) stating that each such Person who has supplied materials or labor in connection with the Required Repairs to be funded by the requested disbursement has been paid in full or will be paid in full upon such disbursement, for work completed and/or materials furnished to date, such certificate Officer’s Certificate to be accompanied by lien waivers or other evidence of payment satisfactory to Lender, (iv) at Lender’s option, Lender shall have received a title search for the Property indicating that the applicable Property is free from all liens, claims and other encumbrances not previously approved by Lender, and (v) Lender shall have received such other evidence as Lender shall reasonably request that the Required Repairs at the Property to be funded by the requested disbursement have been completed and are paid for or will be paid upon such disbursement to Borrower. Lender shall not be required to make disbursements from the Required Repair Account with respect to unless such requested disbursement is in an amount greater than $5,000 (or a lesser amount if the Property more total amount in the Required Repair Account is less than once each calendar month $5,000, in which case only one disbursement of the amount remaining in the account shall be made) and such disbursement shall be made only upon satisfaction of each condition contained in this Section 7.1.2.
(b) Nothing in this Section 7.1.2 shall (i) make Lender responsible for performing or completing any Required Repairs; (ii) require Lender to expend funds in addition to the Required Repairs Funds to complete any Required Repairs; (iii) obligate Lender to proceed with any Required Repairs; or (iv) obligate Lender to demand from Borrower additional sums to complete any Required Repairs.
(c) Borrower shall permit Lender and Lender’s agents and representatives (including Lender’s engineer, architect or inspector) or third parties to enter onto any of the Properties during normal business hours (subject to the rights of Tenant under their Leases) to inspect the progress of any Required Repairs and all materials being used in connection therewith and to examine all plans and shop drawings relating to such Required Repairs. Borrower shall cause all contractors and subcontractors to cooperate with Lender or Lender’s representatives or such other Persons described above in connection with inspections described in this Section 7.1.2(c).
(d) If a disbursement will exceed $25,000.00, Lender may require an inspection of the applicable Property at Borrower’s expense prior to making a disbursement of Required Repairs Funds in order to verify completion of the Required Repairs for which reimbursement is sought. Lender may require that such inspection be conducted by an appropriate independent qualified professional selected by Lender and may require a certificate of completion by an independent qualified professional architect acceptable to Lender prior to the disbursement of Required Repairs Funds. Borrower shall pay the expense of the inspection as required hereunder, whether such inspection is conducted by Lender or by an independent qualified professional architect.
Appears in 2 contracts
Samples: Loan Agreement (Global Medical REIT Inc.), Loan Agreement (Global Medical REIT Inc.)
Release of Required Repair Funds. Lender shall disburse to Borrower the Required Repair Funds from the Required Repair Account from time to time upon satisfaction by Borrower of each of the following conditions: :
(ia) Borrower shall submit a written request for payment to Lender at least fifteen ten (1510) days Business Days prior to the date on which Borrower requests such payment be made and specifies the Required Repairs to be paid, (iib) on the date such request is received by Lender and on the date such payment is to be made, no Default or Event of Default shall exist and remain uncured, (iiic) Lender shall have received a certificate from Borrower an Officers’ Certificate (Ai) stating that all Required Repairs at the Property to be funded by the requested disbursement have been completed in good and workmanlike manner and and, to the best of Borrower’s knowledge, in accordance with all applicable federal, state Legal Requirements and local laws, rules and regulationsEnvironmental Laws, such certificate to be accompanied by a copy of any license, permit or other approval by any Governmental Authority required to commence and/or complete the Required Repairs, (Bii) identifying each Person that supplied materials or labor in connection with the Required Repairs performed at the Property with respect to the reimbursement to be funded by the requested disbursement under a contract in excess of $50,000disbursement, and (Ciii) stating that each such Person who has supplied materials or labor in connection with the Required Repairs to be funded by the requested disbursement has been paid in full or will be paid in full upon such disbursement, such certificate Officers’ Certificate to be accompanied by lien waivers or other evidence of payment satisfactory to Lender, (ivd) in connection with any requested disbursement in excess of $250,000, at Lender’s option, a title search for the Property indicating that the Property is free from all liensLiens, claims and other encumbrances not previously approved by Lender, (e) Borrower shall have delivered to Lender, if required by Lender in connection with any requested disbursement, (i) evidence reasonably satisfactory to Lender that Borrower has applied any Required Repair Funds previously disbursed to it pursuant to this Section 7.1.2 toward the Required Repair costs and expenses for which such Required Repair Funds were disbursed, and (vf) Lender shall have received such other evidence as Lender shall reasonably request that the Required Repairs at the Property to be funded by the requested disbursement have been completed and are paid for or will be paid upon such disbursement to Borrower. Lender shall not be required to make disbursements from the Required Repair Account with respect to the Property more unless such requested disbursement is in an amount greater than once each calendar month and such $10,000 (or a lesser amount if the total amount in the Required Repair Account is less than $10,000, in which case only one disbursement of the amount remaining in the account shall be made only upon satisfaction of each condition contained in this Section 7.1.2made).
Appears in 2 contracts
Samples: Loan Agreement (Meristar Hospitality Operating Partnership Lp), Loan Agreement (Meristar Hospitality Corp)
Release of Required Repair Funds. Lender shall disburse to Borrower the Required Repair Funds from the Required Repair Account from time to time upon satisfaction by Borrower of each of the following conditions: :
(ia) Borrower shall submit a written request for payment to Lender at least fifteen ten (1510) days prior to the date on which Borrower requests such payment be made and specifies specifying the Required Repairs to be paid, (iib) on the date such request is received by Lender and on the date such payment is to be made, no Default or Event of Default shall exist and remain uncured, (iiic) Lender shall have received a certificate from Borrower an Officers’ Certificate (Ai) stating that all Required Repairs at the applicable Individual Property to be funded by the requested disbursement have been completed in a good and workmanlike manner and and, to Borrower’s knowledge, in accordance with all applicable federal, state Legal Requirements and local laws, rules and regulations, such certificate to be accompanied by a copy of any license, permit or other approval by any Governmental Authority required to commence and/or complete the Required RepairsEnvironmental Laws, (Bii) identifying each Person that supplied materials or labor in connection with the Required Repairs performed at such Individual Property with respect to the Property reimbursement to be funded by the requested disbursement under a contract in excess of $50,000disbursement, and (Ciii) stating that each such Person who has supplied materials or labor in connection with the Required Repairs to be funded by the requested disbursement has been paid in full or will be paid in full upon such with respect to the portion of the Required Repairs which is the subject of the requested disbursement, such certificate Officers’ Certificate to be accompanied by lien waivers or other evidence of payment satisfactory to Lender, and (ivd) at Lender’s option, a title search for the such Individual Property indicating that the such Individual Property is free from all liensLiens, claims and other encumbrances not previously approved by Lender, and (v) Lender shall have received such other evidence as Lender shall reasonably request that the Required Repairs at the Property to be funded by the requested disbursement have been completed and are paid for or will be paid upon such disbursement to Borrower. Lender shall not be required to make disbursements from the Required Repair Account unless such requested disbursement is in an amount greater than $25,000 (or a lesser amount if the total amount in the Required Repair Account is less than $25,000, in which case only one disbursement of the amount remaining in the account shall be made). Upon the satisfaction of the foregoing requirements, Lender shall be obligated to make disbursements from the Required Repair Account with respect to an Individual Property in the amount allocated for such Individual Property more set forth on Schedule II hereof (even if the cost to complete such work is less than once each calendar month and the amount set forth in Schedule II hereof; provided that Lender shall not be obligated to make disbursements from the Required Repair Account with respect to an Individual Property in excess of the amount allocated for such disbursement shall be made only upon satisfaction of each condition contained in this Section 7.1.2Individual Property as set forth on Schedule II hereof.
Appears in 2 contracts
Samples: Loan Agreement (Spirit Finance Corp), Loan Agreement (Spirit Finance Corp)
Release of Required Repair Funds. Lender shall disburse to Borrower the Required Repair Funds from the Required Repair Account from time to time time, but not more frequently than once in any thirty (30) day period, upon satisfaction by Borrower of each of the following conditions: (ia) Borrower shall submit a written request for payment to Lender at least fifteen thirty (1530) days prior to the date on which Borrower requests such payment be made and specifies the Required Repairs to be paid, (iib) on the date such request is received by Lender and on the date such payment is to be made, no Default or Event of Default shall exist and remain uncured, (iiic) Lender shall have received a certificate from Borrower an Officer’s Certificate (Ai) stating that all Required Repairs at the Property to be funded by the requested disbursement have been completed in good and workmanlike manner and in accordance with all applicable federal, state and local laws, rules and regulations, such certificate Officer’s Certificate to be accompanied by a copy of any license, permit or other approval by any Governmental Authority required to commence and/or complete the Required Repairs, (Bii) identifying each Person that supplied materials or labor in connection with the Required Repairs performed at the Property to be funded by the requested disbursement under a contract in excess of $50,000, and (C) stating that each Person who has supplied materials or labor in connection with the Required Repairs to be funded by the requested disbursement disbursement, and (iii) stating that each such Person has been paid in full or will be paid in full upon such disbursement, such certificate Officer’s Certificate to be accompanied by lien waivers or other evidence of payment satisfactory to Lender, (ivd) at Lender’s option, a title search for the Property indicating that the Property is free from all liens, claims and other encumbrances not previously approved by Lender, and (ve) Lender shall have received such other evidence as Lender shall reasonably request that the Required Repairs at the Property to be funded by the requested disbursement have been completed and are paid for or will be paid upon such disbursement to Borrower. Lender shall not be required to make disbursements from the Required Repair Account with respect to unless such requested disbursement is in an amount greater than $5,000 (or a lesser amount if the Property more total amount in the Required Repair Account is less than once each calendar month $5,000, in which case only one disbursement of the amount remaining in the account shall be made) and such disbursement shall be made only upon satisfaction of each condition contained in this Section 7.1.2.
Appears in 2 contracts
Samples: Loan Agreement (Medical Billing Assistance, Inc.), Loan Agreement (Maguire Properties Inc)
Release of Required Repair Funds. Lender shall disburse to Borrower the Required Repair Funds from the Required Repair Account from time to time upon satisfaction by Borrower of each of the following conditions: (ia) Borrower shall submit a written request for payment to Lender at least fifteen thirty (1530) days prior to the date on which Borrower requests such payment be made and specifies the Required Repairs to be paid, (iib) on the date such request is received by Lender and on the date such payment is to be made, no Default or Event of Default shall exist and remain uncuredbe continuing, (iiic) Lender shall have received a certificate from Borrower an Officers’ Certificate (Ai) stating that all Required Repairs at the applicable Individual Property to be funded by the requested disbursement have been completed in good and workmanlike manner and and, to Borrower’s knowledge, in accordance with all applicable federal, state Legal Requirements and local laws, rules and regulationsEnvironmental Laws, such certificate to be accompanied by a copy of any license, permit or other approval by any Governmental Authority required to commence and/or complete the Required Repairs, (Bii) identifying each Person that supplied materials or labor in connection with the Required Repairs performed at such Individual Property with respect to the Property reimbursement to be funded by the requested disbursement under a contract in excess of $50,000disbursement, and (Ciii) stating that each such Person who has supplied materials or labor in connection with the Required Repairs to be funded by the requested disbursement has been paid in full or will be paid in full upon such disbursement, such certificate Officers’ Certificate to be accompanied by lien waivers or other evidence of payment satisfactory to Lender, (ivd) at Lender’s option, a title search for the such Individual Property indicating that the such Individual Property is free from all liensLiens, claims and other encumbrances not previously approved by Lender, and (ve) Lender shall have received such other evidence as Lender shall reasonably request that the Required Repairs at the such Individual Property to be funded by the requested disbursement have been completed and are paid for or will be paid upon such disbursement to Borrower. Lender shall not be required to make disbursements from the Required Repair Account with respect to any Individual Property unless such requested disbursement is in an amount equal to or greater than the Minimum Disbursement Amount (or a lesser amount if the total amount in the Required Repair Account is less than Minimum Disbursement Amount, in which case only one disbursement of the amount remaining in the account shall be made). Lender shall not be obligated to make disbursements from the Required Repair Account with respect to an Individual Property in excess of the amount allocated for such Individual Property as set forth on Schedule IV hereof. Upon the earlier of (1) Borrower’s completion of all Required Repairs with respect to an Individual Property to the satisfaction of Lender (provided Borrower has supplied Lender with evidence satisfactory to Lender of payment of all Required Repairs applicable to such Individual Property and, if requested by Lender, waivers of liens and/or a title search of the Property more than once each calendar month or an endorsement to the mortgagee’s title insurance policy), so long as no Event of Default is then continuing, or (2) release of such Individual Property in accordance with the provisions of Section 2.5 hereof, Lender shall disburse to Borrower all remaining Required Repair Funds allocated to such Individual Property as set forth on Schedule IV hereof. Upon the payment in full by Borrower of all sums evidenced by the Note and such disbursement secured by the Security Instruments and release by Lender of the Liens of the Security Instruments, Lender shall be made only upon satisfaction of each condition contained in this Section 7.1.2disburse to Borrower all remaining Required Repair Funds, if any.
Appears in 2 contracts
Samples: Loan Agreement (Cole Credit Property Trust II Inc), Loan Agreement (Spirit Realty Capital, Inc.)
Release of Required Repair Funds. Provided no Event of Default exists, Lender shall direct the Cash Management Bank to disburse to Borrower the Required Repair Funds from the Required Repair Account from time to time time, but not more frequently than once in any calendar month, upon satisfaction by Borrower of each of the following conditions: (ia) Borrower shall submit a written request for payment to Lender at least fifteen five (155) days Business Days prior to the date on which Borrower requests such payment be made and specifies the Required Repairs to be paid, ; (ii) on the date such request is received by Lender and on the date such payment is to be made, no Default or Event of Default shall exist and remain uncured, (iiib) Lender shall have received a certificate from Borrower (A) an Officer’s Certificate stating that all Required Repairs at the Property work related to be funded by the requested such disbursement have has been completed in good and workmanlike manner and in accordance with all applicable federalLegal Requirements, state and local laws, rules and regulations, all costs relating to such certificate to be accompanied by a copy of any license, permit or other approval by any Governmental Authority required to commence and/or complete the Required Repairs, (B) identifying each Person that supplied materials or labor in connection with the Required Repairs performed at the Property to be funded by the requested disbursement under a contract in excess of $50,000, and (C) stating that each Person who has supplied materials or labor in connection with the Required Repairs to be funded by the requested disbursement has have been paid in full or will be paid in full upon such disbursement, such certificate to be accompanied and that Borrower has applied any amounts previously received by lien waivers or other evidence of payment satisfactory to Lender, (iv) at Lender’s option, a title search it in accordance with this Section for the Property indicating that the Property is free from all liens, claims and other encumbrances not previously approved by Lender, and expenses to which specific draws made hereunder relate; (vc) Lender shall have received invoices or other reasonably acceptable evidence of the amounts paid or to be paid from such other evidence as Lender shall reasonably request that the disbursement and (d) with respect to disbursements for Required Repairs at relating to any single Required Repair costing in excess of $250,000 in the Property aggregate (whether disbursed in a lump sum or multiple installments), (x) a reasonably satisfactory site inspection, and (y) receipt of lien releases and waivers from any contractors, subcontractors and others with respect to be funded by the requested disbursement have been completed and are paid for or will be paid upon such disbursement to Borroweramounts. Lender shall not be required to make disbursements from the Required Repair Account with respect to the Property (i) more than once each calendar a month and (ii) unless such requested disbursement is in an amount greater than $25,000 (or a lesser amount if the total amount in the Required Repair Account is less than $25,000, in which case only one disbursement of the amount remaining in the account shall be made) and such disbursement shall be made only upon satisfaction of each condition contained in this Section 7.1.2; notwithstanding the foregoing, for disbursements in connection with any Required Repair having an aggregate cost of $50,000 or less, Borrower shall be required to satisfy only conditions (a) and (b) above. Provided no Event of Default then exists, Lender shall, following receipt of written request from Xxxxxxxx, disburse to Borrower the remaining Required Repair Funds relating to each Individual Property from the Required Repair Account upon completion of all Required Repairs with respect to such Individual Property.
Appears in 2 contracts
Samples: Loan Agreement (Lineage, Inc.), Loan Agreement (Lineage, Inc.)
Release of Required Repair Funds. Lender shall disburse to Borrower the all Required Repair Funds from in the Required Repair Account from time to time upon satisfaction by Borrower of each of the following conditions: :
(ia) Borrower shall submit a written request for payment to Lender at least fifteen twenty (1520) days prior to the date on which Borrower requests such payment be made and specifies (except in the Required Repairs to be paidcase of an emergency repair which requires immediate attention, in which event Borrower may submit such payment request within ten (10) days), (iib) on the date such request is received by Lender and on the date such payment is to be made, no Default or Event of Default shall exist and remain uncured, (iiic) Lender shall have received a certificate an Officer's Certificate from Borrower (A) stating certifying that all Required Repairs at the Property to be funded by the requested disbursement for that Parcel have been completed (i) in a good and workmanlike manner manner, and (ii) in accordance with all applicable federal, state and local laws, rules and regulationsLegal Requirements, such certificate to be accompanied by a copy of any each license, permit or other approval required by any Governmental Authority required to commence and/or complete for the Required Repairsuse or occupancy of the Property, (Bd) Lender shall have received an Officer's Certificate from Borrower (i) identifying each Person that supplied materials or labor in connection with the Required Repairs performed at the Property to be funded by the requested disbursement under a contract in excess of $50,000, that Parcel and (Cii) stating that each such Person who has supplied materials or labor in connection with the Required Repairs to be funded by the requested disbursement has been paid in full or will be paid in full upon such disbursementfull, such certificate to be accompanied by a copy of appropriate lien waivers or other evidence of payment satisfactory to Lender, (ive) at Lender’s 's option, a title search for the Property indicating that the Property is free from all liens, claims and other encumbrances not previously approved by Lender, and (vf) Lender shall have received such other evidence as Lender shall reasonably request that the Required Repairs at the Property to be funded by the requested disbursement have been completed and are paid for or will be paid upon such disbursement to Borrowerfor. Lender shall not be required to make disbursements only one disbursement per month from the Required Repair Account with respect to the Property more than once each calendar month and such disbursement shall be made only upon satisfaction of each condition contained in this Section 7.1.27.
Appears in 2 contracts
Samples: Loan Agreement (Banyan Strategic Realty Trust), Loan Agreement (Banyan Strategic Realty Trust)
Release of Required Repair Funds. Lender shall disburse to Borrower the Required Repair Funds from the Required Repair Account from time to time upon satisfaction by Borrower of each of the following conditions: :
(ia) Borrower shall submit a written request for payment to Lender at least fifteen (15) days prior to the date on which Borrower requests such payment be made and specifies the Required Repairs to be paid, (iib) on the date such request is received by Lender and on the date such payment is to be made, no Default or Event of Default shall exist and remain uncured, (iiic) Lender shall have received a certificate from Borrower an Officer's Certificate (Ai) stating that all Required Repairs at the applicable Individual Property to be funded by the requested disbursement have been completed in a good and workmanlike manner and and, to the best of Borrower's knowledge, in accordance with all applicable federal, state Legal Requirements and local laws, rules and regulationsEnvironmental Laws, such certificate to be accompanied by a copy of any license, permit or other approval by any Governmental Authority required to commence and/or complete the Required Repairs, (Bii) identifying each Person that supplied materials or labor in connection with the Required Repairs performed at such Individual Property with respect to the Property reimbursement to be funded by the requested disbursement under a contract in excess of $50,000disbursement, and (Ciii) stating that each such Person who has supplied materials or labor in connection with the Required Repairs to be funded by the requested disbursement has been paid in full or will be paid in full upon such disbursement, such certificate Officer's Certificate to be accompanied by lien waivers or other evidence of payment satisfactory to Lender, (ivd) at Lender’s 's option, a title search for the such Individual Property indicating that the such Individual Property is free from all liensLiens, claims and other encumbrances not previously approved by Lender, and (ve) Lender shall have received such other evidence as Lender shall reasonably request that the Required Repairs at the such Individual Property to be funded by the requested disbursement have been completed and are paid for or will be paid upon such disbursement to Borrower. Lender shall not be required to make disbursements from the Required Repair Account with respect to any Individual Property unless such requested disbursement is in an amount greater than $25,000 (or a lesser amount if the Property more total amount in the Required Repair Account is less than once each calendar month and such $25,000, in which case only one disbursement of the amount remaining in the account shall be made only upon satisfaction made). Lender shall not be obligated to make disbursements from the Required Repair Account with respect to an Individual Property in excess of each condition contained the amount allocated for such Individual Property as set forth on Schedule 7.1.1 hereof. Upon Lender's receipt of evidence of completion of all Required Repairs in this Section 7.1.2accordance with the terms hereof, any remaining Required Repair Funds shall be disbursed to Borrower.
Appears in 1 contract
Release of Required Repair Funds. Lender shall disburse to Borrower the Required Repair Funds from the Required Repair Account from time to time upon satisfaction by Borrower of each of the following conditions: (i) Borrower shall submit a written request for payment to Lender at least fifteen (15) days prior to the date on which Borrower requests such payment be made and specifies the Required Repairs to be paid, (ii) on the date such request is received by Lender and on the date such payment is to be made, no Default or Event of Default shall exist and remain uncured, (iii) Lender shall have received a certificate from Borrower (A) stating that all Required Repairs at the Property to be funded by the requested disbursement have been completed in good and workmanlike manner and in accordance with all applicable federal, state and local laws, rules and regulations, such certificate to be accompanied by a copy of any license, permit or other approval by any Governmental Authority required to commence and/or complete the Required Repairs, (B) identifying each Person that supplied materials or labor in connection with the Required Repairs performed at the Property to be funded by the requested disbursement under a contract in excess of $50,000, and (C) stating that each Person who has supplied materials or labor in connection with the Required Repairs to be funded by the requested disbursement has been paid in full or will be paid in full upon such disbursement, such certificate to be accompanied by lien waivers or other evidence of payment satisfactory to Lender, (iv) at Lender’s option, a title search for the Property indicating that the Property is free from all liens, claims and other encumbrances not previously approved by Lender, and (v) Lender shall have received such other evidence as Lender shall reasonably request that the Required Repairs at the Property to be funded by the requested disbursement have been completed and are paid for or will be paid upon such disbursement to Borrower. Lender shall not be required to make disbursements from the Required Repair Account with respect to the Property more than once each calendar month and such disbursement shall be made only upon satisfaction of each condition contained in this Section 7.1.2.55
Appears in 1 contract
Samples: Loan Agreement (Inland Western Retail Real Estate Trust Inc)
Release of Required Repair Funds. Lender shall disburse to Borrower the Required Repair Funds from the Required Repair Account from time to time upon satisfaction by Borrower of each of the following conditions: (i) Borrower shall submit a written request for payment to Lender at least fifteen (15) days prior to the date on which Borrower requests such payment be made and specifies the Required Repairs to be paid, (ii) on the date such request is received by Lender and on the date such payment is to be made, no Default or Event of Default shall exist and remain uncured, (iii) Lender shall have received a certificate from Borrower (A) stating that all Required Repairs at the Property to be funded by the requested disbursement have been completed in good and workmanlike manner and in accordance with all applicable federal, state and local laws, rules and regulations, such certificate to be accompanied by a copy of any license, permit or other approval by any Governmental Authority required to commence and/or complete the Required Repairs, (B) identifying each Person that supplied materials or labor in connection with the Required Repairs performed at the Property to be funded by the requested disbursement under a contract in excess of $50,000, and (C) stating that each Person who has supplied materials or labor in connection with the Required Repairs to be funded by the requested disbursement has been paid in full or will be paid in full upon such disbursement, such certificate to be accompanied by lien waivers or other evidence of payment satisfactory to Lender, (iv) at Lender’s 's option, a title search for the Property indicating that the Property is free from all liens, claims and other encumbrances not previously approved by Lender, and (v) Lender shall have received such other evidence as Lender shall reasonably request that the Required Repairs at the Property to be funded by the requested disbursement have been completed and are paid for or will be paid upon such disbursement to Borrower. Lender shall not be required to make disbursements from the Required Repair Account with respect to the Property more than once each calendar month and such disbursement shall be made only upon satisfaction of each condition contained in this Section 7.1.27.l.
Appears in 1 contract
Samples: Loan Agreement (Inland Western Retail Real Estate Trust Inc)
Release of Required Repair Funds. (a) Lender shall disburse to Borrower the Required Repair Funds from the Required Repair Account from time to time time, but not more frequently than once in any thirty (30) day period, upon satisfaction by Borrower of each of the following conditionsconditions with respect to each disbursement: (i) Borrower shall submit a written request for payment to Lender at least fifteen (15) days prior to the date on which Borrower requests such payment be made and made, which request specifies the Required Repairs to be paid, (ii) on the date such request is received by Lender and on the date such payment is to be made, no Release Default or Event of Default shall exist and remain uncured, (iii) Lender shall have received a certificate from Borrower an Officer’s Certificate (A) stating that all Required Repairs at the Property to be funded by the requested disbursement have been completed in a good and workmanlike manner and in accordance with all applicable federal, state and local laws, rules and regulations, such certificate Officer’s Certificate to be accompanied by a copy of any license, permit or other approval by any Governmental Authority required to commence and/or complete the Required Repairs, (B) identifying each Person that supplied materials or labor in connection with the Required Repairs performed at the Property to be funded by the requested disbursement under a contract in excess of $50,000disbursement, and (C) stating that each such Person who has supplied materials or labor in connection with the Required Repairs to be funded by the requested disbursement has been paid in full or will be paid in full upon such disbursementdisbursement for work completed and/or materials furnished to date, and, if the request for disbursement exceeds $100,000 such certificate Officer’s Certificate to be accompanied by lien waivers or other evidence of payment satisfactory to LenderLender and the Title Company, (iv) at Lender’s option, Lender shall have received a title search for the Property indicating that the Property is free from all liens, claims and other encumbrances not previously approved by Lender, and (v) Lender shall have received such other evidence as Lender shall reasonably request that the Required Repairs at the Property to be funded by the requested disbursement have been completed and are paid for or will be paid upon such disbursement to Borrower. Lender shall not be required to make disbursements from the Required Repair Account with respect to unless such requested disbursement is in an amount greater than $5,000 (or a lesser amount if the Property more total amount in the Required Repair Account is less than once each calendar month $5,000, in which case only one disbursement of the amount remaining in the account shall be made) and such disbursement shall be made only upon satisfaction of each condition contained in this Section 7.1.2.
(b) Nothing in this Section 7.1.2 shall (i) make Lender responsible for performing or completing any Required Repairs; (ii) require Lender to expend funds in addition to the Required Repairs Funds to complete any Required Repairs; (iii) obligate Lender to proceed with any Required Repairs; or (iv) obligate Lender to demand from Borrower additional sums to complete any Required Repairs.
(c) Borrower shall permit Lender and Lender’s agents and representatives (including Lender’s engineer, architect or inspector) or third parties to enter onto the Property during normal business hours (subject to the rights of tenants under their Leases) to inspect the progress of any Required Repairs and all materials being used in connection therewith and to examine all plans and shop drawings relating to such Required Repairs, such inspections to be made with minimal interference with the conduct of Tenant’s business. Borrower shall cause all contractors and subcontractors to cooperate with Lender or Lender’s representatives or such other Persons described above in connection with inspections described in this Section 7.1.2(c).
(d) If a disbursement will exceed $100,000.00, Lender may require an inspection of the Property at Borrower’s expense prior to making a disbursement of Required Repairs Funds in order to verify completion of the Required Repairs for which reimbursement is sought. Lender may require that such inspection be conducted by an appropriate independent qualified professional selected by Lender and may require a certificate of completion by an independent qualified professional architect acceptable to Lender prior to the disbursement of Required Repairs Funds. Borrower shall pay the reasonable expense of the inspection as required hereunder, whether such inspection is conducted by Lender or by an independent qualified professional architect.
(e) In addition to any insurance required under the Loan Documents, Borrower shall provide or cause to be provided worker’s compensation insurance, builder’s risk, and public liability insurance and other insurance to the extent required under applicable law in connection with the Required Repairs. All such policies shall be in form and amount reasonably satisfactory to Lender.
Appears in 1 contract
Release of Required Repair Funds. Lender shall disburse to Borrower the Required Repair Funds from the Required Repair Account from time to time upon satisfaction by Borrower of each of the following conditions: (i) Borrower shall submit a written request for payment to Lender at least fifteen (15) days prior to the date on which Borrower requests such payment be made and specifies the Required Repairs to be paid, (ii) on the date such request is received by Lender and on the date such payment is to be made, no Default or Event of Default shall exist and remain uncured, (iii) Lender shall have received a certificate from Borrower (A) stating that all Required Repairs at the Property to be funded by the requested disbursement have been completed in good and workmanlike manner and in accordance with all applicable federal, state and local laws, rules and regulations, such certificate to be accompanied by a copy of any license, permit or other approval by any Governmental Authority required to commence and/or complete the Required Repairs, (B) identifying each Person that supplied materials or labor in connection with the Required Repairs performed at the Property to be funded by the requested disbursement under a contract in excess of $50,000S50,000, and (C) stating that each Person who has supplied materials or labor in connection with the Required Repairs to be funded by the requested disbursement has been paid in full or will be paid in full upon such disbursement, such certificate to be accompanied by lien waivers or other evidence of payment satisfactory to Lender, (iv) at Lender’s 's option, a title search for the Property indicating that the Property is free from all liens, claims and other encumbrances not previously approved by Lender, and (v) Lender shall have received such other evidence as Lender shall reasonably request that the Required Repairs at the Property to be funded by the requested disbursement have been completed and are paid for or will be paid upon such disbursement to Borrower. Lender shall not be required to make disbursements from the Required Repair Account with respect to the Property more than once each calendar month and such disbursement shall be made only upon satisfaction of each condition contained in this Section 7.1.2.
Appears in 1 contract
Samples: Loan Agreement (Inland Western Retail Real Estate Trust Inc)
Release of Required Repair Funds. Lender shall direct Agent to disburse to the applicable Borrower the Required Repair Funds from the Required Repair Account from time to time upon satisfaction by Borrower of each of the following conditions: :
(ia) Borrower shall submit a written request for payment to Lender at least fifteen ten (1510) days prior to the date on which Borrower requests such payment be made and specifies the Required Repairs to be paid, (iib) on the date such request is received by Lender and on the date such payment is to be made, no Default or Event of Default shall exist and remain uncured, (iiic) Lender shall have received a certificate from Borrower an Officer’s Certificate (Ai) stating that all Required Repairs at the Property to be funded by the requested disbursement have been completed in a good and workmanlike manner and in accordance with all applicable federal, state and local laws, rules and regulationsLegal Requirements, such certificate to be accompanied by a copy of any license, permit or other approval by any Governmental Authority required to commence and/or complete in connection with the Required Repairs, (Bii) identifying each Person the general contractor and material subcontractors and suppliers that supplied materials or labor in connection with the Required Repairs performed at the such Individual Property to be funded by the requested disbursement under a contract in excess of $50,000disbursement, and (Ciii) stating that each such Person who has supplied materials or labor in connection with the Required Repairs to be funded by the requested disbursement has been paid in full or will be paid in full upon such disbursement, such certificate to be accompanied by lien waivers or other evidence of payment satisfactory to Lender, (ivd) at Lender’s option, a title search for the such Individual Property for which Required Repair Funds are being disbursed indicating that the such Individual Property is free from all liens, claims and other encumbrances not previously approved by Lender, (e) at Lender’s option, if the cost of the Required Repairs exceeds $500,000, Lender shall have received a report satisfactory to Lender in its reasonable discretion from an architect or engineer approved by Lender in respect of such architect or engineer’s inspection of the required repairs, and (vf) Lender shall have received such other evidence as Lender shall reasonably request that the Required Repairs at the Property to be funded by the requested disbursement have been completed and are paid for or will be paid upon such disbursement to Borrower. Lender shall not be required to make disbursements from the disburse Required Repair Account with respect to the Property Funds more frequently than once each calendar month and month, or with respect to any Individual Property unless such requested disbursement is in an amount greater than the Minimum Disbursement Amount (or a lesser amount if the total Required Repair Funds is less than the Minimum Disbursement Amount, in which case only one disbursement of the amount remaining in the account shall be made only upon satisfaction of each condition contained in this Section 7.1.2made).
Appears in 1 contract
Samples: Loan Agreement (Wells Real Estate Investment Trust Inc)
Release of Required Repair Funds. Lender shall disburse to Borrower (or to Operating Lessee, if so directed by Borrower) the Required Repair Funds from the Required Repair Account from time to time time, but not more frequently than once in any thirty (30) day period, upon satisfaction by Borrower of each of the following conditions: :
(ia) Borrower shall, or shall cause Operating Lessee to, submit a written request for payment to Lender at least fifteen ten (1510) days Business Days prior to the date on which Borrower or Operating Lessee, as applicable, requests such payment be made and specifies the Required Repairs to be paid, (iib) on the date such request is received by Lender and on the date such payment is to be made, no Default or Event of Default shall exist and remain uncured, (iiic) Lender shall have received a certificate from Borrower an Officer’s Certificate (Ai) stating that all Required Repairs at the applicable Individual Property to be funded by the requested disbursement have been completed in good and workmanlike manner and in accordance with all applicable federal, state and local laws, rules and regulations, such certificate Officer’s Certificate to be accompanied by a copy of any license, permit or other approval by any Governmental Authority required to commence and/or complete the Required Repairs, (Bii) identifying each Person that supplied materials or labor in connection with the Required Repairs performed at the such Individual Property to be funded by the requested disbursement under a contract in excess of $50,000disbursement, and and
(Ciii) stating that each such Person who has supplied materials or labor in connection with the Required Repairs to be funded by the requested disbursement has been paid in full or will be paid in full upon such disbursement, such certificate Officer’s Certificate to be accompanied by lien waivers or other evidence of payment satisfactory to Lender, (ivd) at Lender’s option, a title search for the such Individual Property indicating that the such Individual Property is free from all liens, claims and other encumbrances not previously approved by Lender, and (ve) Lender shall have received such other evidence as Lender shall reasonably request that the Required Repairs at the such Individual Property to be funded by the requested disbursement have been completed and are paid for or will be paid upon such disbursement to BorrowerBorrower or Operating Lessee, as applicable. Lender shall not be required to make disbursements from the Required Repair Account with respect to any Individual Property unless such requested disbursement is in an amount greater than $5,000 (or a lesser amount if the Property more total amount in the Required Repair Account is less than once each calendar month $5,000, in which case only one disbursement of the amount remaining in the account shall be made) and such disbursement shall be made only upon satisfaction of each condition contained in this Section 7.1.2.
Appears in 1 contract
Release of Required Repair Funds. Lender shall disburse to Borrower the Required Repair Funds from the Required Repair Account from time to time upon satisfaction by Borrower of each of the following conditions: (i) Borrower shall submit a written request for payment to Lender at least fifteen (15) days prior to the date on which Borrower requests such payment be made and specifies specifics the Required Repairs to be paid, (ii) on the date such request is received by Lender and on the date such payment is to be made, no Default or Event of Default shall exist and remain uncured, (iii) Lender shall have received a certificate from Borrower (A) stating that all Required Repairs at the Property to be funded by the requested disbursement have been completed in good and workmanlike manner and in accordance with all applicable federal, state and local laws, rules and regulations, such certificate to be accompanied by a copy of any license, permit or other approval by any Governmental Authority required to commence and/or complete the Required Repairs, (B) identifying each Person that supplied materials or labor in connection with the Required Repairs performed at the Property to be funded by the requested disbursement under a contract in excess of $50,000, and (C) stating that each Person who has supplied materials or labor in connection with the Required Repairs to be funded by the requested disbursement has been paid in full or will be paid in full upon such disbursement, such certificate to be accompanied by lien waivers or other evidence of payment satisfactory to Lender, (iv) at Lender’s option, a title search for the Property indicating that the Property is free from all liens, claims and other encumbrances not previously approved by Lender, and (v) Lender shall have received such other evidence as Lender shall reasonably request that the Required Repairs at the Property to be funded by the requested disbursement have been completed and are paid for or will be paid upon such disbursement to Borrower. Lender shall not be required to make disbursements from the Required Repair Account with respect to the Property more than once each calendar month and such disbursement shall be made only upon satisfaction of each condition contained in this Section 7.1.2.
Appears in 1 contract
Samples: Loan Agreement (Inland Western Retail Real Estate Trust Inc)
Release of Required Repair Funds. Lender shall disburse to Borrower the Required Repair Funds from the Required Repair Account from time to time upon satisfaction by Borrower of each of the following conditions: (ia) Borrower shall submit a written request for payment to Lender at least fifteen twenty (1520) days prior to the date on which Borrower requests such payment be made and specifies the Required Repairs to be paid, (iib) on the date such request is received by Lender and on the date such payment is to be made, no Default or Event of Default shall exist and remain uncured, (iiic) Lender shall have received either an Officers’ Certificate from Borrower or a certificate from Borrower (A) signed by an authorized officer of the Tenant of the applicable Individual Property stating that all Required Repairs at the Property to be funded by the requested disbursement have been completed in good and workmanlike manner and in accordance with stating that all applicable federal, state and local laws, rules and regulations, such certificate to be accompanied by a copy of any license, permit or other approval by any Governmental Authority required to commence and/or complete the Required Repairs, (B) identifying each Person that supplied materials or labor in connection with the Required Repairs performed at the Property to be funded by the requested disbursement under a contract in excess of $50,000, and (C) stating that each Person who has supplied materials or labor in connection with the Required Repairs to be funded by the requested disbursement has have been paid in full or will be paid in full upon such disbursement, such certificate to be accompanied by lien waivers or other evidence of payment satisfactory to Lender, (iv) at Lender’s option, a title search for the Property indicating that the Property is free from all liens, claims and other encumbrances not previously approved by Lender, and (v) Lender shall have received such other evidence as Lender shall reasonably request that the Required Repairs at the Property to be funded by the requested disbursement have been completed and are paid for or will be paid upon such disbursement to Borrower. Lender shall not be required to make disbursements from the Required Repair Account with respect to the Property (i) more than once each calendar a month and (ii) unless such requested disbursement is in an amount greater than $5,000.00 (or a lesser amount if the total amount in the Required Repair Account is less than $5,000.00 in which case only one disbursement of the amount remaining in the account shall be made) and such disbursement shall be made only upon satisfaction of each condition contained in this Section 7.1.27.1.2 with respect to each item of Required Repairs.
Appears in 1 contract
Release of Required Repair Funds. Provided sufficient sums have been deposited by Borrower into the Required Repair Account, Lender shall disburse to Borrower the Required Repair Funds from the Required Repair Account from time to time upon satisfaction by Borrower of each of the following conditions: (i) Borrower shall submit a written request for payment to Lender at least fifteen (15) days prior to the date on which Borrower requests such payment be made and specifies the Required Repairs to be paid, (ii) on the date such request is received by Lender and on the date such payment is to be made, no Default or Event of Default shall exist and remain uncured, (iii) Lender shall have received a certificate from Borrower (A) stating that all Required Repairs at the Property to be funded by the requested disbursement have been completed in good and workmanlike manner and in accordance with all applicable federal, state and local laws, rules and regulations, such certificate to be accompanied by a copy of any license, permit or other approval by any Governmental Authority required to commence and/or complete the Required Repairs, (B) identifying each Person that supplied materials or labor in connection with the Required Repairs performed at the Property to be funded by the requested disbursement under a contract in excess of $50,000, and (C) stating that each Person who has supplied materials or labor in connection with the Required Repairs to be funded by the requested disbursement has been paid in full or will be paid in full upon such disbursement, such certificate to be accompanied by lien waivers or other evidence of payment satisfactory to Lender, (iv) at Lender’s option, a title search for the Property indicating that the Property is free from all liens, claims and other encumbrances not previously approved by Lender, and (v) Lender shall have received such other evidence as Lender shall reasonably request that the Required Repairs at the Property to be funded by the requested disbursement have been completed and are paid for or will be paid upon such disbursement to Borrower. Lender shall not be required to make disbursements from the Required Repair Account with respect to the Property more than once each calendar month and such disbursement shall be made only upon satisfaction of each condition contained in this Section 7.1.2.)
Appears in 1 contract
Samples: Loan Agreement (Inland American Real Estate Trust, Inc.)
Release of Required Repair Funds. Lender shall disburse to Borrower the Required Repair Funds from the Required Repair Account from time to time upon satisfaction by Borrower of each of the following conditions: :
(ia) Borrower shall submit a written request for payment to Lender at least fifteen (15) days prior to the date on which Borrower requests such payment be made and specifies the Required Repairs to be paid, (iib) on the date such request is received by Lender and on the date such payment is to be made, no Default or Event of Default shall exist and remain uncured, (iiic) Lender shall have received a certificate from Borrower an Officers’ Certificate (Ai) stating that all Required Repairs at the applicable Individual Property to be funded by the requested disbursement have been completed in good and workmanlike manner and and, to the best of Borrower’s knowledge, in accordance with all applicable federal, state Legal Requirements and local laws, rules and regulations, such certificate to be accompanied by a copy of any license, permit or other approval by any Governmental Authority required to commence and/or complete the Required RepairsEnvironmental Laws, (Bii) identifying each Person that supplied materials or labor in connection with the Required Repairs performed at such Individual Property with respect to the Property reimbursement to be funded by the requested disbursement under a contract in excess of $50,000disbursement, and (Ciii) stating that each such Person who has supplied materials or labor in connection with the Required Repairs to be funded by the requested disbursement has been paid in full or will be paid in full upon such disbursement, such certificate Officers’ Certificate to be accompanied by lien waivers or other evidence of payment satisfactory to Lender, (ivd) at Lender’s option, a title search for the such Individual Property indicating that the such Individual Property is free from all liensLiens, claims and other encumbrances not previously approved by Lender, and (ve) Lender shall have received such other evidence as Lender shall reasonably request that the Required Repairs at the such Individual Property to be funded by the requested disbursement have been completed and are paid for or will be paid upon such disbursement to Borrower. Lender shall not be required to make disbursements from the Required Repair Account with respect to any Individual Property unless such requested disbursement is in an amount greater than $25,000 (or a lesser amount if the Property more total amount in the Required Repair Account is less than once each calendar month and such $25,000, in which case only one disbursement of the amount remaining in the account shall be made only upon satisfaction made). Lender shall not be obligated to make disbursements from the Required Repair Account with respect to an Individual Property in excess of each condition contained the amount allocated for such Individual Property as set forth on Schedule III hereof. Upon Lender’s receipt of evidence of completion of all Required Repairs in this Section 7.1.2accordance with the terms hereof, any remaining Required Repair Funds shall be disbursed to Borrower.
Appears in 1 contract
Release of Required Repair Funds. Lender shall disburse to Borrower the Required Repair Funds from the Required Repair Account from time to time upon satisfaction by Borrower of each of the following conditions: :
(ia) Borrower shall submit a written request for payment to Lender at least fifteen (15) days prior to the date on which Borrower requests such payment be made and specifies the Required Repairs to be paid, (iib) on the date such request is received by Lender and on the date such payment is to be made, no Default or Event of Default shall exist and remain uncured, (iiic) Lender shall have received a certificate from Borrower an Officers’ Certificate (Ai) stating that all Required Repairs at the Property to be funded by the requested disbursement have been completed in good and workmanlike manner and in accordance with all applicable federal, state and local laws, rules and regulations, such certificate to be accompanied by a copy of any license, permit or other approval by any Governmental Authority required to commence and/or complete the Required Repairs, (Bii) identifying each Person that supplied materials or labor in connection with the Required Repairs performed at the Property to be funded by the requested disbursement under a contract in excess of $50,000, and (C) stating that each Person who has supplied materials or labor in connection with the Required Repairs to be funded by the requested disbursement disbursement, and (iii) stating that each such Person has been paid in full or will be paid in full upon such disbursement, such certificate Officers’ Certificate to be accompanied by lien waivers or other evidence of payment satisfactory to Lender, (ivd) at Lender’s option, a title search for the Property indicating that the Property is free from all liens, claims and other encumbrances not previously approved by Lender, and (ve) Lender shall have received such other evidence as Lender shall reasonably request that the Required Repairs at the Property to be funded by the requested disbursement have been completed and are paid for or will be paid upon such disbursement to Borrower. Lender shall not be required to make disbursements from the Required Repair Account with respect to the Property more unless such requested disbursement is in an amount greater than once each calendar month Ten Thousand and 00/100 Dollars ($10,000.00) (or a lesser amount if the total amount in the Required Repair Account is less than Ten Thousand and 00/100 Dollars ($10,000.00), in which case only one disbursement of the amount remaining in the account shall be made) and such disbursement shall be made only upon satisfaction of each condition contained in this Section 7.1.2.
Appears in 1 contract
Samples: Loan Agreement (Acadia Realty Trust)
Release of Required Repair Funds. Lender shall disburse to Borrower the Required Repair Funds from the Required Repair Account from time to time upon satisfaction by Borrower of each of the following conditions: (ia) Borrower shall submit a written request for payment to Lender at least fifteen thirty (1530) days prior to the date on which Borrower requests such payment be made and specifies the Required Repairs to be paid, (iib) on the date such request is received by Lender and on the date such payment is to be made, no Default or Event of Default shall exist and remain uncured, (iiic) Lender shall have received a certificate from Borrower an Officer's Certificate (Ai) stating that all Required Repairs at the applicable Individual Property to be funded by the requested disbursement have been completed in good and workmanlike manner and and, to the best of Borrower's knowledge, in accordance with all applicable federal, state Legal Requirements and local laws, rules and regulationsEnvironmental Laws, such certificate to be accompanied by a copy of any license, permit or other approval by any Governmental Authority required to commence and/or complete the Required Repairs, (Bii) identifying each Person that supplied materials or labor in connection with the Required Repairs performed at such Individual Property with respect to the Property reimbursement to be funded by the requested disbursement under a contract in excess of $50,000disbursement, and (Ciii) stating that each such Person who has supplied materials or labor in connection with the Required Repairs to be funded by the requested disbursement has been paid in full or will be paid in full upon such disbursement, such certificate Officer's Certificate to be accompanied by lien waivers or other evidence of payment satisfactory to Lender, (ivd) at Lender’s 's option, a title search for the such Individual Property indicating that the such Individual Property is free from all liensLiens, claims and other encumbrances not previously approved by Lender, and (ve) Lender shall have received such other evidence as Lender shall reasonably request that the Required Repairs at the such Individual Property to be funded by the requested disbursement have been completed and are paid for or will be paid upon such disbursement to Borrower. Lender shall not be required to make disbursements from the Required Repair Account with respect to any Individual Property unless such requested disbursement is in an amount greater than $25,000 (or a lesser amount if the total amount in the Required Repair Account is less than $25,000, in which case only one disbursement of the amount remaining in the account shall be made). Lender shall not be obligated to make disbursements from the Required Repair Account with respect to an Individual Property in excess of the amount allocated for such Individual Property as set forth on Schedule 7.1.1 attached hereto. Upon the earlier of (1) Borrower's completion of all Required Repairs to the satisfaction of Lender (provided Borrower has supplied Lender with evidence satisfactory to Lender of payment of all Required Repairs applicable to such Individual Property and, if requested by Lender, waivers of liens and/or, in the case of Required Repairs greater than $100,000.00, a title search of the Property more than once each calendar month or an endorsement to the mortgagee's title insurance policy), (2) payment in full by Borrower of all sums evidenced by the Note and secured by the Security Instruments and release by Lender of the lien of the Security Instruments, or (3) release of such disbursement Individual Property in accordance with the provisions of Section 2.5 hereof, Lender shall be made only upon satisfaction of each condition contained in this Section 7.1.2disburse to Borrower all remaining Required Repair Funds allocated to such Individual Property as set forth on Schedule 7.1.1 attached hereto.
Appears in 1 contract
Samples: Loan Agreement (U-Store-It Trust)
Release of Required Repair Funds. Lender shall disburse to Borrower the Required Repair Funds from the Required Repair Account from time to time upon satisfaction by Borrower of each of the following conditions: :
(ia) Borrower shall submit a written request for payment to Lender at least fifteen (15) days prior to the date on which Borrower requests such payment be made and specifies the Required Repairs to be paid, (iib) on the date such request is received by Lender and on the date such payment is to be made, no Default or Event of Default shall exist and remain uncured, (iiic) Lender shall have received a certificate from Borrower an Officer’s Certificate (Ai) stating that all Required Repairs at the applicable Individual Property to be funded by the requested disbursement have been completed in good and workmanlike manner and in accordance with all applicable federal, state and local laws, rules and regulations, such certificate to be accompanied by a copy of any each license, permit or other approval by any Governmental Authority required to commence and/or complete the Required RepairsRepairs (or a statement that none are required), (Bii) identifying each Person that supplied materials or labor in connection with the Required Repairs performed at the such Individual Property to be funded by the requested disbursement under a contract in excess of $50,000, and (Ciii) stating that each such Person who has supplied materials or labor in connection with the Required Repairs to be funded by the requested disbursement has been paid in full or will be paid in full upon such disbursement, such certificate (d) Borrower shall provide to be accompanied by lien waivers Lender a copy of an invoice (and if applicable, a check or other evidence of payment satisfactory payment) demonstrating that each Person that is not an Affiliate who has supplied materials or labor in connection with the Required Repairs to Lender, (iv) at Lender’s option, a title search for be funded by the Property indicating that the Property is free from all liens, claims and other encumbrances not previously approved by Lenderrequested disbursement has been paid in full or will be paid in full upon such disbursement, and (ve) Lender shall have received such other photographic evidence as Lender shall reasonably request that the Required Repairs at the such Individual Property to be funded by the requested disbursement have been completed and are paid for or will be paid upon such disbursement to Borrower. Lender shall not be required to make disbursements from the Required Repair Account with respect to the Property Properties (i) more than once each a calendar month and (ii) unless such requested disbursement is in an amount greater than $5,000.00 (or a lesser amount if the total amount in the Required Repair Account is less than $5,000.00), in which case only one disbursement of the amount remaining in the account shall be made) and such disbursement shall be made only upon satisfaction of each condition contained in this Section 7.1.27.1.
Appears in 1 contract
Samples: Loan Agreement (Inland Diversified Real Estate Trust, Inc.)
Release of Required Repair Funds. Lender shall disburse to Borrower the Required Repair Funds from the Required Repair Account from time to time upon satisfaction by Borrower of each of the following conditions: :
(i) Borrower shall submit a written request for payment to Lender at least fifteen (15) days prior to the date on which Borrower requests such payment be made and specifies the Required Repairs to be paid, (ii) on the date such request is received by Lender and on the date such payment is to be made, no Default or Event of Default shall exist and remain uncured, (iii) Lender shall have received a certificate from Borrower (A) stating that all Required Repairs at the Property to be funded by the requested disbursement have been completed in good and workmanlike manner and in accordance with all applicable federal, state and local laws, rules and regulations, such certificate to be accompanied by a copy of any license, permit or other approval by any Governmental Authority required to commence and/or complete the Required Repairs, (B) identifying each Person that supplied materials or labor in connection with the Required Repairs performed at the Property to be funded by the requested disbursement under a contract in excess of $50,000, and (C) stating that each Person who has supplied materials or labor in connection with the Required Repairs to be funded by the requested disbursement has been paid in full or will be paid in full upon such disbursement, such certificate to be accompanied by lien waivers or other evidence of payment satisfactory to Lender, (iv) at Lender’s 's option, a title search for the Property indicating that the Property is free from all liens, claims and other encumbrances not previously approved by Lender, and (v) Lender shall have received such other evidence as Lender shall reasonably request that the Required Repairs at the Property to be funded by the requested disbursement have been completed and are paid for or will be paid upon such disbursement to Borrower. Lender shall not be required to make disbursements from the Required Repair Account with respect to the Property more than once each calendar month and such disbursement shall be made only upon satisfaction of each condition contained in this Section 7.1.27.1.
Appears in 1 contract
Samples: Loan Agreement (Inland Western Retail Real Estate Trust Inc)
Release of Required Repair Funds. Lender shall disburse to Borrower the Required Repair Funds from the Required Repair Account from time to time upon satisfaction by Borrower of each of the following conditions: (ia) Borrower shall submit a written request for payment to Lender at least fifteen twenty (1520) days prior to the date on which Borrower requests such payment be made and specifies the Required Repairs (or the completed portion thereof) to be paid, (iib) on the date such request is received by Lender and on the date such payment is to be made, no Default or Event of Default shall exist and remain uncured, (iiic) Lender shall have received a certificate from Borrower an Officers’ Certificate (Ai) stating that all Required Repairs at (or the Property completed portion thereof) to be funded by the requested disbursement have been completed in good and workmanlike manner and in accordance with all applicable federal, state and local laws, rules and regulations, such certificate to be accompanied by a copy of any license, permit or other approval by any Governmental Authority required to commence and/or or complete such Required Repairs (or the Required Repairscompleted portion thereof), (Bii) identifying each Person that supplied materials or labor in connection with the Required Repairs performed at (or the Property completed portion thereof) to be funded by the requested disbursement under a contract in excess of $50,000disbursement, and (Ciii) stating that each such Person who has supplied materials or labor in connection with the Required Repairs to be funded by the requested disbursement has been paid in full or will be paid in full upon such disbursementdisbursement and (d) if the requested disbursement is for a sum in excess of $100,000 for any applicable Individual Property, such certificate to be accompanied by lien waivers or other evidence of payment satisfactory to Lender, (iv) at Lender’s optionoption (and following delivery of Xxxxxx’s written request therefor), Lender shall have received a title search for the applicable Individual Property indicating that the applicable Individual Property is free from all liens, claims and other encumbrances not previously approved by Lender, and (v) Lender shall have received such other evidence as Lender shall reasonably request that the Required Repairs at the Property to be funded by the requested disbursement have been completed and are paid for or will be paid upon such disbursement to Borrower. Lender shall not be required to make disbursements from the Required Repair Account with respect to the Property (i) more than once each calendar a month and (ii) unless such requested disbursement is in an amount greater than $25,000.00 (or a lesser amount if the total amount in the Required Repair Account is less than $25,000.00 in which case only one disbursement of the amount remaining in the account shall be made) and such disbursement shall be made only upon satisfaction of each condition contained in this Section 7.1.27.
Appears in 1 contract
Release of Required Repair Funds. (a) Lender shall disburse to Borrower the Required Repair Funds from the Required Repair Account from time to time upon satisfaction by Borrower of each of the following conditions: :
(i) Borrower shall submit a written request for payment to Lender at least fifteen thirty (1530) days prior to the date on which Borrower requests such payment be made and specifies the Required Repairs to be paid, (ii) on the date such request is received by Lender and on the date such payment is to be made, no Default or Event of Default shall exist and remain uncured, (iii) Lender shall have received a certificate from Borrower (A) stating that all Required Repairs at the Property to be funded by the requested disbursement have been completed in good and workmanlike manner and in accordance with all applicable federal, state and local laws, rules and regulationsLegal Requirements, such certificate to be accompanied by a copy of any license, permit or other approval by any Governmental Authority required to commence and/or complete the Required Repairs, (B) identifying each Person that supplied materials or labor in connection with the Required Repairs performed at the Property to be funded by the requested disbursement under a contract in excess of $50,000disbursement, and (C) stating that each such Person who has supplied materials or labor in connection with the Required Repairs to be funded by the requested disbursement has been paid in full or will be paid in full upon such disbursement, such certificate to be accompanied by lien waivers or other evidence of payment satisfactory to Lender, (iv) at Lender’s option, a title search for the Property indicating that the Property is free from all liens, claims and other encumbrances not previously approved by Lender, intentionally deleted; and (v) Lender shall have received such other evidence as Lender shall reasonably request that the Required Repairs at the Property to be funded by the requested disbursement have been completed and are paid for or will be paid upon such disbursement to Borrower. Lender shall not be required to make disbursements from the Required Repair Account with respect to unless such requested disbursement is in an amount greater than $25,000 (or a lesser amount if the Property more total amount in the Required Repair Account is less than once each calendar month $25,000, in which case only one disbursement of the amount remaining in the Required Repair Account shall be made) and such disbursement shall be made only upon satisfaction of each condition contained in this Section 7.1.27.
Appears in 1 contract
Release of Required Repair Funds. Lender shall disburse to Borrower the Required Repair Funds from the Required Repair Account from time to time upon satisfaction by Borrower of each of the following conditions: (ia) Borrower shall submit a written request for payment to Lender at least fifteen thirty (1530) days prior to the date on which Borrower requests such payment be made and specifies the Required Repairs to be paid, (iib) on the date such request is received by Lender and on the date such payment is to be made, no Default or Event of Default shall exist and remain uncured, (iiic) Lender shall have received a certificate from Borrower an Officers’ Certificate (Ai) stating that all Required Repairs at the applicable Individual Property to be funded by the requested disbursement have been completed in good and workmanlike manner and in accordance with all applicable federal, state and local laws, rules and regulations, such certificate to be accompanied by a copy of any license, permit or other approval by any Governmental Authority required to commence and/or complete the Required Repairs, (Bii) identifying each Person that supplied materials or labor in connection with the Required Repairs performed at the such Individual Property to be funded by the requested disbursement under a contract in excess of $50,000disbursement, and (Ciii) stating that each such Person who has supplied materials or labor in connection with the Required Repairs to be funded by the requested disbursement has been paid in full or will be paid in full upon such disbursement, such certificate Officers’ Certificate to be accompanied by lien waivers or other evidence of payment reasonably satisfactory to Lender, (ivd) at Lender’s option, a title search for the such Individual Property indicating that the such Individual Property is free from all liens, claims and other encumbrances not previously approved by Lender, and (ve) Lender shall have received such other evidence as Lender shall reasonably request that the Required Repairs at the such Individual Property to be funded by the requested disbursement have been substantially completed and are paid for or will be paid upon such disbursement to Borrower. Lender shall not be required to make disbursements from the Required Repair Account with respect to unless such requested disbursement is in an amount greater than $25,000 (or a lesser amount if the Property more total amount in the Required Repair Account is less than once each calendar month $25,000, in which case only one disbursement of the amount remaining in the account shall be made) and such disbursement shall be made only upon satisfaction of each condition contained in this Section 7.1.2.
Appears in 1 contract
Samples: Loan Agreement (Koger Equity Inc)
Release of Required Repair Funds. Lender shall disburse to Borrower the Required Repair Funds from the Required Repair Account from time to time upon satisfaction by Borrower of each of the following conditions: :
(ia) Borrower shall submit a written request for payment to Lender at least fifteen (15) days prior to the date on which Borrower requests such payment be made and specifies the Required Repairs to be paid, (iib) on the date such request is received by Lender and on the date such payment is to be made, no Default or Event of Default shall exist and remain uncured, (iiic) Lender shall have received a certificate from Borrower an Officers' Certificate (Ai) stating that all Required Repairs at the Property to be funded by the requested disbursement have been completed in good and workmanlike manner and in accordance with all applicable federal, state and local laws, rules and regulations, such certificate to be accompanied by a copy of any license, permit or other approval by any Governmental Authority required to commence and/or complete the Required Repairs, (Bii) identifying each Person that supplied materials or labor in connection with the Required Repairs performed at the Property to be funded by the requested disbursement under a contract in excess of $50,000, and (C) stating that each Person who has supplied materials or labor in connection with the Required Repairs to be funded by the requested disbursement disbursement, and (iii) stating that each such Person has been paid in full or will be paid in full upon such disbursement, such certificate Officers' Certificate to be accompanied by lien waivers or other evidence of payment satisfactory to Lender, (ivd) at Lender’s 's option, a title search for the Property indicating that the Property is free from all liens, claims and other encumbrances not other than Permitted Encumbrances and those previously approved by Lender, and (ve) Lender shall have received such other evidence as Lender shall reasonably request that the Required Repairs at the Property to be funded by the requested disbursement have been completed and are paid for or will be paid upon such disbursement to Borrower. Lender shall not be required to make disbursements from the Required Repair Account with respect to the Property more than once each calendar month and such disbursement shall be made only upon satisfaction of each condition contained in this Section 7.1.2.such
Appears in 1 contract
Release of Required Repair Funds. Provided Borrower has -------------------------------- deposited funds in the Required Repair Fund, Lender shall disburse to Borrower the Required Repair Funds from the Required Repair Account from time to time upon satisfaction by Borrower of each of the following conditions: :
(ia) Borrower shall submit a written request for payment to Lender at least fifteen (15) days prior to the date on which Borrower requests such payment be made and specifies the Required Repairs to be paid, (iib) on the date such request is received by Lender and on the date such payment is to be made, no Default or Event of Default shall exist and remain uncured, (iiic) Lender shall have received a certificate from Borrower an Officers' Certificate (Ai) stating that all Required Repairs at the applicable Individual Property to be funded by the requested disbursement have been completed in good and workmanlike manner (or any materials to be reimbursed by the requested disbursement are on site at the Individual Property or in a bonded warehouse reasonably acceptable to Lender and are properly secured or have been installed in the Individual Property) and in accordance with all applicable federal, state Legal Requirements and local laws, rules and regulationsEnvironmental Laws, such certificate to be accompanied by a copy of any license, permit or other approval by any Governmental Authority required to commence and/or complete the such Required Repairs, (Bii) identifying each Person that supplied materials or labor in connection with the Required Repairs performed at such Individual Property with respect to the Property reimbursement to be funded by the requested disbursement under a contract in excess of $50,000disbursement, and (Ciii) stating that each such Person who has supplied materials or labor in connection with the Required Repairs to be funded by the requested disbursement has been paid in full or will be paid in full all sums then due upon such disbursement, such certificate Officers' Certificate to be accompanied by lien waivers or other evidence of payment reasonably satisfactory to Lender, (ivd) at Lender’s 's option, a title search for the such Individual Property indicating that the such Individual Property is free from all liens, claims and other encumbrances not previously approved by Lender, and (ve) Lender shall have received such other evidence as Lender shall reasonably request that the Required Repairs at the such Individual Property to be funded by the requested disbursement (or any materials to be reimbursed by the requested disbursement are on site at the Individual Property or in a bonded warehouse reasonably acceptable to Lender and are properly secured or have been installed in the Individual Property) have been completed and are paid for or will be paid upon such disbursement to Borrower. Lender shall not be required to make disbursements from the Required Repair Account with respect to any Individual Property unless such requested disbursement is in an amount greater than $25,000 (or a lesser amount if the Property more total amount in the Required Repair Account is less than once each calendar month and such $25,000, in which case only one disbursement of the amount remaining in the account shall be made only upon satisfaction made). Provided no Event of each condition contained Default has occurred and is continuing, any funds remaining in the Required Repairs Account after completion of all Required Repairs and the delivery of evidence thereof in accordance with the terms and conditions of this Section 7.1.2Agreement will be disbursed to Borrower.
Appears in 1 contract
Release of Required Repair Funds. With respect to any item of Required Repairs which has been completed, Lender shall shall, from time to time, disburse to Borrower portions of the Required Repair Funds from the Required Repair Account from time to time upon satisfaction by Borrower of each of the following conditions: (ia) Borrower shall submit a written request for payment to Lender at least fifteen ten (1510) days prior to the date on which Borrower requests such payment be made and specifies the Required Repairs to be paid, (iib) on the date such request is received by Lender and on the date such payment is to be made, no Default or Event of Default shall exist and remain uncured, (iiic) Lender shall have received a certificate from Borrower (Ai) stating that all Required Repairs at the Property to be funded by the requested disbursement have been completed in a good and workmanlike manner and in accordance with all applicable federal, state and local laws, rules and regulationsLegal Requirements, such certificate to be accompanied by a copy of any license, permit or other approval by any Governmental Authority required to commence and/or complete in connection with the Required Repairs, (Bii) identifying each Person that supplied materials or labor in connection with the Required Repairs performed at the Property to be funded by the requested disbursement under a contract in excess of $50,000, and (C) stating that each Person who has supplied materials or labor in connection with the Required Repairs to be funded by the requested disbursement disbursement, and (iii) stating that each such Person has been paid in full or will be paid in full upon such disbursement, such certificate to be accompanied by lien waivers or other evidence of payment satisfactory to Lender, (ivd) at Lender’s option, a title search for the Property indicating that the Property is free from all liens, claims and other encumbrances other than the Permitted Exceptions or not previously approved by Lender, (e) at Lender’s option, if the cost of any Required Repair exceeds Fifty Thousand and No/100 Dollars ($50,000.00), Lender shall have received a report satisfactory to Lender in its reasonable discretion from an architect or engineer approved by Lender in respect of such architect or engineer’s inspection of the required repairs, and (vf) Lender shall have received such other evidence as Lender shall reasonably request that the Required Repairs at the Property to be funded by the requested disbursement have been completed and are paid for or will be paid upon such disbursement to Borrower. Lender shall not be required to make disbursements from the disburse Required Repair Account with respect to the Property Funds more frequently than once each calendar month month, and such the requested disbursement must be at least in an amount equal to the Minimum Disbursement Amount (or a lesser amount if the total Required Repair Funds is less than the Minimum Disbursement Amount, in which case only one disbursement of the amount remaining in the account shall be made only upon satisfaction made). From and after and during the continuance of each condition contained an Event of Default, Lender shall have the right, but not the obligation, to make any of the Required Repairs in this the event Borrower fails to perform same in accordance with Section 7.1.26.1.1.
Appears in 1 contract
Release of Required Repair Funds. Lender shall direct Agent to disburse to the applicable Borrower the Required Repair Funds from the Required Repair Account from time to time upon satisfaction by Borrower of each of the following conditions: :
(ia) Borrower shall submit a written request for payment to Lender at least fifteen ten (1510) days prior to the date on which Borrower requests such payment be made and specifies the Required Repairs to be paid, (iib) on the date such request is received by Lender and on the date such payment is to be made, no Default or Event of Default shall exist and remain uncured, (iiic) Lender shall have received a certificate from Borrower an Officer’s Certificate (Ai) stating that all Required Repairs at the Property to be funded by the requested disbursement have been completed in a good and workmanlike manner and in accordance with all applicable federal, state and local laws, rules and regulationsLegal Requirements, such certificate to be accompanied by a copy of any license, permit or other approval by any Governmental Authority required to commence and/or complete in connection with the Required Repairs, (Bii) identifying each Person the general contractor and material subcontractors and suppliers that supplied materials or labor in connection with the Required Repairs performed at the Individual Property to be funded by the requested disbursement under a contract in excess of $50,000disbursement, and (Ciii) stating that each such Person who has supplied materials or labor in connection with the Required Repairs to be funded by the requested disbursement has been paid in full or will be paid in full upon such disbursement, such certificate to be accompanied by lien waivers or other evidence of payment satisfactory to Lender, (ivd) at Lender’s option, a title search for the Individual Property for which Required Repair Funds are being disbursed indicating that the Individual Property is free from all liens, claims and other encumbrances not previously approved by Lender, (e) at Lender’s option, if the cost of the Required Repairs exceeds $500,000, Lender shall have received a report satisfactory to Lender in its reasonable discretion from an architect or engineer approved by Lender in respect of such architect or engineer’s inspection of the required repairs, and (vf) Lender shall have received such other evidence as Lender shall reasonably request that the Required Repairs at the Property to be funded by the requested disbursement have been completed and are paid for or will be paid upon such disbursement to Borrower. Lender shall not be required to make disbursements from the disburse Required Repair Account Funds more frequently than once each calendar month, or with respect to the Individual Property more unless such requested disbursement is in an amount greater than once each calendar month and such the Minimum Disbursement Amount (or a lesser amount if the total Required Repair Funds is less than the Minimum Disbursement Amount, in which case only one disbursement of the amount remaining in the account shall be made only upon satisfaction of each condition contained in this Section 7.1.2made).
Appears in 1 contract
Samples: Loan Agreement (Wells Real Estate Investment Trust Inc)
Release of Required Repair Funds. Lender shall disburse to Borrower the Required Repair Funds from the Required Repair Account from time to time upon satisfaction by Borrower of each of the following conditions: :
(ia) Borrower shall submit a written request for payment to Lender at least fifteen ten (1510) days Business Days prior to the date on which Borrower requests such payment be made and specifies the Required Repairs to be paid, (iib) on the date such request is received by Lender and on the date such payment is to be made, no Default or Material Event of Default shall exist and remain uncured, (iiic) Lender shall have received a certificate from Borrower an Officer’s Certificate (Ai) stating that all Required Repairs at the applicable Individual Property to be funded by the requested disbursement have been completed in good and workmanlike manner and in accordance with all applicable federal, state and local laws, rules and regulations, such certificate to be accompanied by a copy of any license, permit or other approval by any Governmental Authority required to commence and/or complete the Required Repairs, (Bii) identifying each Person that supplied materials or labor in connection with the Required Repairs performed at the such Individual Property to be funded by the requested disbursement under a contract in excess of $50,000disbursement, and (Ciii) stating that each Person who has supplied materials or labor in connection with the Required Repairs to be funded costs and expenses covered by the requested such disbursement has have been paid in full or will be paid in full upon such disbursement, such certificate Officer’s Certificate to be accompanied by lien waivers or other evidence of payment satisfactory to Lender, (ivd) at Lender’s option, for any Required Repair of more than $500,000.00, a title search for the such Individual Property indicating that the such Individual Property is free from all liens, claims and other encumbrances not previously approved by Lender, other than Permitted Encumbrances, and (ve) Lender shall have received such other evidence as Lender shall reasonably request that the Required Repairs at the such Individual Property to be funded by the requested disbursement have been completed and are paid for or will be paid upon such disbursement to Borrower. Lender shall not be required to make disbursements from the Required Repair Account with respect to the any Individual Property (i) more than once each calendar a month and (ii) unless such requested disbursement is in an amount greater than $25,000.00 (or a lesser amount if the total amount in the Required Repair Account is less than $25,000.00, in which case only one disbursement of the amount remaining in the account shall be made) and such disbursement shall be made only upon satisfaction of each condition contained in this Section 7.1.2. Upon completion of all Required Repairs in accordance with Section 7.1.1 and this Section 7.1.2, so long as no Material Event of Default is then continuing, Lender shall cause the remaining Required Repair Funds to be deposited into the Cash Management Account and disbursed in accordance with Section 2.6.2(f).
Appears in 1 contract
Release of Required Repair Funds. Lender shall disburse to Borrower the all Required Repair Funds from in the Required Repair Account from time to time upon satisfaction by Borrower of each of the following conditions: :
(ia) Borrower shall submit a written request for payment to Lender at least fifteen thirty (1530) days prior to the date on which Borrower requests such payment be made and specifies (except in the Required Repairs to be paidcase of an emergency repair which requires immediate attention, in which event Borrower may submit such payment request within ten (10) days), (iib) on the date such request is received by Lender and on the date such payment is to be made, no Default or Event of Default shall exist and remain uncured, (iiic) Lender shall have received a certificate an Officer's Certificate from Borrower (A) stating certifying that all Required Repairs at the Property to be funded by the for which disbursement has been requested disbursement have been completed (i) in a good and workmanlike manner and (ii) in accordance with all applicable federal, state and local laws, rules and regulationsLegal Requirements, such certificate to be accompanied by a copy of any each license, permit or other approval approval, if any, required by any Governmental Authority required to commence and/or complete for the Required Repairsuse or occupancy of the Property, (Bd) Lender shall have received an Officer's Certificate from Borrower (i) identifying each Person that supplied materials or labor in connection with the Required Repairs performed at the Property to be funded by the for which disbursement has been requested disbursement under a contract in excess of $50,000, and (Cii) stating that each such Person who has supplied materials or labor in connection with the Required Repairs to be funded by the requested disbursement has been paid in full or will be paid in full upon such disbursementwith the funds disbursed, such certificate to be accompanied by a copy of appropriate lien waivers or other evidence of payment satisfactory to Lender, (ive) at Lender’s 's option, a title search for the Property indicating that the Property is free from all liens, claims and other encumbrances not previously approved by Lender, Lender and (vf) Lender shall have received such other evidence as Lender shall reasonably request that the Required Repairs at the Property to be funded by the requested disbursement have been completed and are paid for or will be paid upon for with the proceeds of such disbursement to Borrowerdisbursement. Lender shall not be required to make disbursements only one disbursement from the Required Repair Account with respect to the Property more than once each calendar during a month and such disbursement shall be made only upon satisfaction of each condition contained in this Section 7.1.27.
Appears in 1 contract
Release of Required Repair Funds. (a) Lender shall disburse to Borrower the Required Repair Funds from the Required Repair Account from time to time time, but not more frequently than once in any thirty (30) day period, upon satisfaction by Borrower of each of the following conditions: conditions with respect to each disbursement:
(i) Borrower shall submit a written request for payment to Lender at least fifteen ten (1510) days prior to the date on which Borrower requests such payment be made and made, which request specifies the Required Repairs to be paid, (ii) on the date such request is received by Lender and on the date such payment is to be made, no Default or Event of Default or Mortgage Loan Default or Mortgage Loan Event of Default shall exist and remain uncured, (iii) Lender shall have received a certificate from Borrower an Officer’s Certificate (A) except as provided in Section 7.1.2(e), stating that all Required Repairs at the Property to be funded by the requested disbursement have been completed in a good and workmanlike manner and in accordance with all applicable federal, state and local laws, rules and regulations, such certificate Officer’s Certificate to be accompanied by a copy of any license, permit or other approval by any Governmental Authority required to commence and/or complete the Required Repairs, (B) identifying each Person that supplied materials or labor in connection with the Required Repairs performed at the Property to be funded by the requested disbursement under a contract in excess of $50,000disbursement, and (C) stating that each such Person who has supplied materials or labor in connection with the Required Repairs to be funded by the requested disbursement has been paid in full or will be paid in full upon such disbursementdisbursement for work completed and/or materials furnished to date, such certificate Officer’s Certificate to be accompanied by lien waivers or other evidence of payment satisfactory to LenderLender and the Title Company, (ivD) at Lender’s option, a title search for the Property indicating stating that the Property is free from Required Repairs to be funded have not been the subject of a previous disbursement, (E) stating that all liens, claims and other encumbrances not previous disbursements of Required Repairs Funds have been used to pay the previously approved by Lenderidentified Required Repairs, and (viv) Lender shall have received such other evidence as Lender shall reasonably request that the Required Repairs at the Property to be funded by the requested disbursement have been completed and are paid for or will be paid upon such disbursement to Borrower. Lender shall not be required to make disbursements from the Required Repair Account with respect to unless such requested disbursement is in an amount greater than $5,000 (or a lesser amount if the Property more total amount in the Required Repair Account is less than once each calendar month $5,000, in which case only one disbursement of the amount remaining in the account shall be made) and such disbursement shall be made only upon satisfaction of each condition contained in this Section 7.1.2.
(b) Nothing in this Section 7.1.2 shall (i) make Lender responsible for performing or completing any Required Repairs; (ii) require Lender to expend funds in addition to the Required Repairs Funds to complete any Required Repairs; (iii) obligate Lender to proceed with any Required Repairs; or (iv) obligate Lender to demand from Borrower additional sums to complete any Required Repairs.
(c) If the cost of any Required Repairs exceeds $250,000, Borrower shall permit Lender and Lender’s agents and representatives (including Lender’s engineer, architect or inspector) or third parties to enter onto the Property during normal business hours (subject to the rights of tenants under their Leases) to inspect the progress of any Required Repairs and all materials being used in connection therewith and to examine all plans and shop drawings relating to such Required Repairs. Borrower shall cause all contractors and subcontractors to cooperate with Lender or Lender’s representatives or such other Persons described above in connection with inspections described in this Section 7.1.2(c).
(d) If a disbursement will exceed $250,000 Lender may require an inspection of the Property at Borrower’s expense prior to making a disbursement of Required Repairs Funds in order to verify completion of the Required Repairs for which reimbursement is sought. Lender may require that such inspection be conducted by an appropriate independent qualified professional selected by Lender and may require a certificate of completion by an independent qualified professional architect acceptable to Lender prior to the disbursement of Required Repairs Funds. Borrower shall pay the expense of the inspection as required hereunder, whether such inspection is conducted by Lender or by an independent qualified professional architect.
(e) If the contractor performing such Required Repairs requires periodic payments pursuant to the terms of a written contract and, in the case of a contract providing for aggregate payments in excess of $250,000, if Lender has approved in writing in advance such periodic payments, which approval shall not be unreasonably withheld, and shall be deemed given if not expressly denied within ten (10) Business Days after receipt by Lender of a written request therefore and all information reasonably required in order to adequately review such request and requested by Lender, then disbursements from the Required Repair Account shall, upon Borrower’s request delivered pursuant to Section 7.1.2(a), be made after completion of a portion of the work under such contract, provided such contract requires payment upon completion of such portion of the work and all other conditions in this Agreement for disbursement have been satisfied.
Appears in 1 contract
Samples: First Mezzanine Loan Agreement (KBS Real Estate Investment Trust, Inc.)
Release of Required Repair Funds. Lender shall disburse to Borrower the Required Repair Funds from the Required Repair Account from time to time upon satisfaction by Borrower of each of the following conditions: (i) Borrower shall submit a written request for payment to Lender at least fifteen (15) days prior to the date on which Borrower requests such payment be made and specifies the Required Repairs to be paid, (ii) on the date such request is received by Lender and on the date such payment is to be made, no Default or Event of Default shall exist and remain uncured, (iii) Lender shall have received a certificate from Borrower (A) stating that all Required Repairs at the Property to be funded by the requested disbursement have been completed in good and workmanlike manner and in accordance with all applicable federal, state and local laws, rules and regulations, such certificate to be accompanied by a copy of any license, permit or other approval by any Governmental Authority required to commence and/or complete the Required Repairs, (B) identifying each Person that supplied materials or labor in connection with the Required Repairs performed at the Property to be funded by the requested disbursement under a contract in excess of $50,000, and (C) stating that each Person who has supplied materials or labor in connection with the Required Repairs to be funded by by, the requested disbursement has been paid in full or will be paid in full upon such disbursement, such certificate to be accompanied by lien waivers or other evidence of payment satisfactory to Lender, (iv) at Lender’s 's option, a title search for the Property indicating that the Property is free from all liens, claims and other encumbrances not previously approved by Lender, and (v) Lender shall have received such other evidence as Lender shall reasonably request that the Required Repairs at the Property to be funded by the requested disbursement have been completed and are paid for or will be paid upon such disbursement to Borrower. Lender shall not be required to make disbursements from the Required Repair Account with respect to the Property more than once each calendar month and such disbursement shall be made only upon satisfaction of each condition contained in this Section 7.1.27.1.
Appears in 1 contract
Samples: Loan Agreement (Inland Western Retail Real Estate Trust Inc)
Release of Required Repair Funds. Lender shall disburse to Borrower (or to Operating Lessee if so directed by Borrower) the Required Repair Funds from the Required Repair Account from time to time upon satisfaction by Borrower of each of the following conditions: :
(ia) Borrower shall, or shall cause Operating Lessee to, submit a written request for payment to Lender at least fifteen (15) days prior to the date on which Borrower or Operating Lessee, as applicable, requests such payment be made and specifies the Required Repairs or PIP Requirements to be paid, (iib) on the date such request is received by Lender and on the date such payment is to be made, no Default or Event of Default shall exist and remain uncured, (iiic) Lender shall have received a certificate from Borrower an Officers’ Certificate (Ai) stating that all Required Repairs or PIP Requirements, as applicable, at the applicable Individual Property to be funded by the requested disbursement have been completed in good and workmanlike manner and and, in the case of PIP Requirements, in accordance with the related property improvement program pursuant to which such PIP Requirements are mandated, or, in the case of Required Repairs, in accordance with all applicable federal, state and local laws, rules and regulations, such certificate to be accompanied by a copy of any license, permit or other approval by any Governmental Authority required to commence and/or complete the Required Repairs, (Bii) identifying each Person that supplied materials or labor in connection with the Required Repairs or PIP Requirements, as applicable, performed at the such Individual Property to be funded by the requested disbursement under a contract in excess of $50,000disbursement, and (Ciii) stating that each such Person who has supplied materials or labor in connection with the Required Repairs to be funded by the requested disbursement has been paid in full or will be paid in full upon such disbursement, such certificate Officers’ Certificate to be accompanied by lien waivers or other evidence of payment satisfactory to Lender, (ivd) Lender shall have received, at Lender’s option, a title search for the such Individual Property indicating that the such Individual Property is free from all liens, claims and other encumbrances not previously approved by Lender, and (ve) Lender shall have received such other evidence as Lender shall may reasonably request that the Required Repairs or PIP Requirements, as applicable, at the such Individual Property to be funded by the requested disbursement have been completed and are paid for or will be paid upon such disbursement to BorrowerBorrower or Operating Lessee, as applicable. Lender shall not be required to make disbursements from the Required Repair Account with respect to any Individual Property unless such requested disbursement is in an amount greater than Twenty-five Thousand Dollars ($25,000) (or a lesser amount if the Property more total amount in the Required Repair Account is less than once each calendar month and such disbursement shall be made Twenty-five Thousand Dollars ($25,000), in which case only upon satisfaction of each condition contained in this Section 7.1.2.one
Appears in 1 contract
Release of Required Repair Funds. (a) Lender shall direct Agent to disburse to Borrower the Required Repair Funds from the only for Required Repairs.
(b) Lender shall direct Agent to disburse Required Repair Account from time to time Funds upon satisfaction by Borrower of each of the following conditions: (i) Borrower shall submit a written request for payment to Lender at least fifteen ten (1510) days prior to the date on which Borrower requests such payment be made and specifies the Required Repairs to be paid, (ii) on the date such request is received by Lender and on the date such payment is to be -be made, no Default or Event of Default shall exist and remain uncured, (iii) Lender shall have received a certificate from Borrower (A) stating that the items to be funded by the requested disbursement are Required Repairs, (B) stating that all Required Repairs at the Property to be funded by the requested disbursement have been completed performed to date in a good and workmanlike manner and in accordance with all applicable federal, state and local laws, rules and regulationsLegal Requirements, such certificate to be accompanied by a copy of any license, permit or other approval required by any Governmental Authority required to commence and/or complete in connection with the Required Repairs, (BC) identifying each Person that supplied materials or labor in connection with the Required Repairs performed at the Property to be funded by the requested disbursement under a contract in excess of $50,000, and (C) stating that each Person who has supplied materials or labor in connection with the Required Repairs to be funded by the requested disbursement disbursement, and (D) stating that each such Person has been paid in full amounts then due or will be paid in full such amount upon such disbursement, such certificate to be accompanied by lien waivers or other evidence of payment reasonably satisfactory to Lender, (iv) at Lender’s option, a title search for the Individual Property at which such Required Repairs are being performed indicating that the such Individual Property is free from all liensLiens, claims and other encumbrances not previously approved by Lender, (v) at Lender’s option, if the cost of any individual Required Repair exceeds $750,000, Lender shall have received a report satisfactory to Lender in its reasonable discretion from an architect, engineer or consultant approved (which approval shall not be unreasonably withheld, conditioned or delayed) by Lender in respect of such architect’s, engineer’s or consultant’s inspection of the Required Repairs, and (vvi) Lender shall have received such other evidence as Lender shall reasonably request that the portion of the Required Repairs at the Property to be funded by the requested disbursement have been completed performed to date and are paid for or will be paid upon such disbursement to Borrower. Lender shall not be required to disburse Required Repair Funds more frequently than once each calendar month, unless such requested disbursement is in an amount greater than the Minimum Disbursement Amount (or a lesser amount if the total amount of Required Repair Funds is less than the Minimum Disbursement Amount, in which case only one disbursement of the amount remaining in the account shall be made).
(c) Nothing in this Section 6.1.2 shall (i) make disbursements Lender responsible for performing or completing the Required Repairs; (ii) require Lender to expend funds in addition to the Required Repair Funds to complete any Required Repairs; (iii) obligate Lender to proceed with the Required Repairs; or (iv) obligate Lender to demand from Borrower additional sums to complete any Required Repairs.
(d) Borrower shall permit Lender and Lender’s agents and representatives (including, without limitation, Lender’s engineer, architect, inspector or consultant) or third parties to enter onto the Property during normal business hours (subject to the rights of Tenants under their Leases) to inspect the progress of any Required Repairs and all materials being used in connection therewith and to examine, if applicable, all plans and shop drawings relating to such Required Repairs. Prior to the occurrence of an Event of Default such entry and inspection shall be conducted in a manner that minimizes any interference with Borrower’s business or the use and enjoyment -of the Property by Borrower, Borrower’s tenants and Borrower’s tenants’ customers and guests. Borrower shall cause all contractors and subcontractors to cooperate with Lender or Lender’s representatives or such other Persons described above in connection with inspections described in this Section 6.1.2(d).
(e) If a disbursement for any single Required Repair at an Individual Property will exceed $750,000, Lender may require an inspection of the Property at Borrower’s expense prior to making a disbursement of Required Repair Funds, and in connection therewith, such entry and inspection shall be conducted in a manner that minimizes any interference with Borrower’s business or the use and enjoyment of the Property by Borrower, Borrower’s tenants and Borrower’s tenants’ customers and guests. Lender may require that such inspection be conducted by an appropriate independent qualified professional selected by Lender and may require a certificate of completion by an independent qualified professional engineer, architect or consultant acceptable to Lender prior to the disbursement of such Required Repair Funds. Borrower shall pay the reasonable out-of-pocket expense of the inspection as required hereunder, whether such inspection is conducted by Lender or by an independent qualified professional engineer, architect or consultant.
(f) In the event Lender releases an Individual Property (or assigns the Mortgage encumbering such Individual Property) as a result of the exercise of Borrower’s rights under Section 2.4 or Section 2.5 hereof, Lender shall direct Agent, and Agent shall, promptly following the release of the Lien of the Mortgage (or the assignment of the Mortgage) with respect to such Individual Property, deliver, or cause the delivery, to Borrower from the Required Repair Account Funds an amount equal to the undisbursed portion of the Required Repair Funds deposited by Borrower with respect to the Property more than once each calendar month and Required Repairs to be performed on such disbursement shall be made only upon satisfaction of each condition contained in this Section 7.1.2Individual Property.
Appears in 1 contract
Release of Required Repair Funds. Lender shall disburse to Borrower the Required Repair Funds from the Required Repair Account from time to time upon satisfaction by Borrower of each of the following conditions: (ia) Borrower shall submit a written request for payment to Lender at least fifteen thirty (1530) days prior to the date on which Borrower requests such payment be made and specifies the Required Repairs to be paid, (iib) on the date such request is received by Lender and on the date such payment is to be made, no Default or Event of Default shall exist and remain uncured, (iiic) Lender shall have received a certificate from Borrower an Officers’ Certificate (Ai) stating that all Required Repairs at the applicable Individual Property to be funded by the requested disbursement have been completed in good and workmanlike manner and in accordance with all applicable federal, state and local laws, rules and regulations, such certificate to be accompanied by a copy of any license, permit or other approval by any Governmental Authority required to commence and/or complete the Required Repairs, (Bii) identifying each Person that supplied materials or labor in connection with the Required Repairs performed at the such Individual Property to be funded by the requested disbursement under a contract in excess of $50,000disbursement, and (Ciii) stating that each such Person who has supplied materials or labor in connection with the Required Repairs to be funded by the requested disbursement has been paid in full or will be paid in full upon such disbursement, such certificate Officers’ Certificate to be accompanied by lien waivers (in advance if permitted by applicable Legal Requirements) or other evidence of payment satisfactory to Lender, (ivd) at Lender’s option, a title search for the such Individual Property indicating that the such Individual Property is free from all liens, claims (excluding claims for non-payment relating to the requested disbursement) and other encumbrances that are not previously Permitted Encumbrances or not otherwise approved by Lender, and (ve) Lender shall have received such other evidence as Lender shall reasonably request that the Required Repairs at the such Individual Property to be funded by the requested disbursement have been completed and are paid for or will be paid upon such disbursement to Borrower. Lender shall not be required to make disbursements from the Required Repair Account with respect to the any Individual Property (i) more than once each calendar a month and (ii) unless such requested disbursement is in an amount greater than $25,000.00 (or a lesser amount if the total amount in the Required Repair Account or the total amount required to pay for any Required Repair at any Individual Property is less than $25,000) and such disbursement shall be made only upon satisfaction of each condition contained in this Section 7.1.27.1.
Appears in 1 contract
Release of Required Repair Funds. Provided no Event of Default exists, Lender shall disburse to Borrower the Required Repair Funds from the Required Repair Account from time to time time, but not more frequently than once per month, upon satisfaction by Borrower of each of the following conditions: :
(ia) Borrower shall submit a written request for payment to Lender at least fifteen ten (1510) days prior to the date on which Borrower requests such payment be made and specifies the Required Repairs to be paid, (iib) on the date such request is received by Lender and on the date such payment is to be made, no Default or Event of Default shall exist and remain uncured, (iiic) Lender shall have received a certificate from Borrower an Officer’s Certificate (Ai) stating that all Required Repairs at the Property to be funded by the requested disbursement have been completed in good and workmanlike manner and in accordance with all applicable federal, state and local laws, rules and regulations, such certificate Officer’s Certificate to be accompanied by a copy of any license, permit or other approval by any Governmental Authority required to commence and/or complete the Required Repairs, (B) identifying each Person that supplied materials or labor in connection with the Required Repairs performed at the Property to be funded by the requested disbursement under a contract in excess of $50,000disbursement, and (Cii) stating that identifying each Person who has that supplied materials or labor in connection with the Required Repairs to be funded by the requested disbursement disbursement, and (iii) stating that each such Person has been paid in full for work completed or will be paid in full for such work completed upon such disbursement, such certificate Officer’s Certificate to be accompanied by conditional or non-conditional partial or final lien waivers waivers, as applicable, for requests exceeding $10,000 for a single item, or other evidence of payment in each case satisfactory to Lender, (ivd) at Lender’s option, a title search for the Property indicating that the Property is free from all liensLiens, claims and other encumbrances not previously approved by Lender, and (ve) Lender shall have received such other evidence as Lender shall reasonably request that the Required Repairs at the Property to be funded by the requested disbursement have been completed and are paid for or will be paid upon such disbursement to Borrower. Lender shall not be required to make disbursements from the Required Repair Account with respect to the Property (i) more than once each calendar a month and (ii) unless such requested disbursement is in an amount greater than $5,000 (or a lesser amount if the total amount in the Required Repair Account is less than $5,000, in which case only one disbursement of the amount remaining in the account shall be made) and such disbursement shall be made only upon satisfaction of each condition contained in this Section 7.1.27.1.
Appears in 1 contract
Release of Required Repair Funds. Lender shall disburse to Borrower the Required Repair Funds from the Required Repair Account from time to time upon satisfaction by Borrower of each of the following conditions: :
(ia) Borrower shall submit a written request for payment to Lender at least fifteen thirty (1530) days prior to the date on which Borrower requests such payment be made and specifies the Required Repairs to be paid, (iib) on the date such request is received by Lender and on the date such payment is to be made, no Default or Event of Default shall exist and remain uncured, (iiic) Lender shall have received a certificate from Borrower an Officers' Certificate (Ai) stating that all Required Repairs at the applicable Individual Property to be funded by the requested disbursement have been completed in good and workmanlike manner and and, to the best of Borrower's knowledge, in accordance with all applicable federal, state Legal Requirements and local laws, rules and regulationsEnvironmental Laws, such certificate to be accompanied by a copy of any license, permit or other approval by any Governmental Authority required to commence and/or complete the Required Repairs, (Bii) identifying each Person that supplied materials or labor in connection with the Required Repairs performed at such Individual Property with respect to the Property reimbursement to be funded by the requested disbursement under a contract in excess of $50,000disbursement, and (Ciii) stating that each such Person who has supplied materials or labor in connection with the Required Repairs to be funded by the requested disbursement has been paid in full or will be paid in full upon such disbursement, and for any Person supplying materials or labor in excess of Twenty-Five Thousand Dollars and 00/1000 ($25,000.00), such certificate Officers' Certificate to be accompanied by lien waivers or other evidence of payment satisfactory to Lender, (ivd) in the case of Required Repairs greater than $100,000.00, at Lender’s 's option, a title search for the such Individual Property indicating that the such Individual Property is free from all liensLiens, claims and other encumbrances not previously approved by Lender, and (ve) Lender shall have received such other evidence as Lender shall reasonably request that the Required Repairs at the such Individual Property to be funded by the requested disbursement have been completed and are paid for or will be paid upon such disbursement to Borrower. Lender shall not be required to make disbursements from the Required Repair Account with respect to any Individual Property unless such requested disbursement is in an amount greater than $25,000 (or a lesser amount if the Property more total amount in the Required Repair Account is less than once each calendar month and such $25,000, in which case only one disbursement of the amount remaining in the account shall be made only upon satisfaction made). Lender shall not be obligated to make disbursements from the Required Repair Account with respect to an Individual Property in excess of each condition contained in this Section 7.1.2.the amount allocated for such Individual Property as set forth on Schedule
Appears in 1 contract
Release of Required Repair Funds. (a) Lender shall direct Agent to disburse to Borrower the Required Repair Funds from the only for Required Repairs.
(b) Lender shall direct Agent to disburse Required Repair Account from time to time Funds upon satisfaction by Borrower of each of the following conditions: (i) Borrower shall submit a written request for payment to Lender at least fifteen ten (1510) days prior to the date on which Borrower requests such payment be made and specifies the Required Repairs to be paid, (ii) on the date such request is received by Lender and on the date such payment is to be made, no Default or Event of Default shall exist and remain uncured, (iii) Lender shall have received a certificate from Borrower (A) stating that the items to be funded by the requested disbursement are Required Repairs, (B) stating that all Required Repairs at the Property to be funded by the requested disbursement have been completed performed to date in a good and workmanlike manner and in accordance with all applicable federal, state and local laws, rules and regulationsLegal Requirements, such certificate to be accompanied by a copy of any license, permit or other approval required by any Governmental Authority required to commence and/or complete in connection with the Required Repairs, (BC) identifying each Person that supplied materials or labor in connection with the Required Repairs performed at the Property to be funded by the requested disbursement under a contract in excess of $50,000, and (C) stating that each Person who has supplied materials or labor in connection with the Required Repairs to be funded by the requested disbursement disbursement, and (D) stating that each such Person has been paid in full amounts then due or will be paid in full such amount upon such disbursement, such certificate to be accompanied by lien waivers or other evidence of payment reasonably satisfactory to Lender, (iv) at Lender’s option, a title search for the Individual Property at which such Required Repairs are being performed indicating that the such Individual Property is free from all liensLiens, claims and other encumbrances not previously approved by Lender, (v) at Lender’s option, if the cost of any individual Required Repair exceeds $750,000, Lender shall have received a report satisfactory to Lender in its reasonable discretion from an architect, engineer or consultant approved (which approval shall not be unreasonably withheld, conditioned or delayed) by Lender in respect of such architect’s, engineer’s or consultant’s inspection of the Required Repairs, and (vvi) Lender shall have received such other evidence as Lender shall reasonably request that the portion of the Required Repairs at the Property to be funded by the requested disbursement have been completed performed to date and are paid for or will be paid upon such disbursement to Borrower. Lender shall not be required to disburse Required Repair Funds more frequently than once each calendar month, unless such requested disbursement is in an amount greater than the Minimum Disbursement Amount (or a lesser amount if the total amount of Required Repair Funds is less than the Minimum Disbursement Amount, in which case only one disbursement of the amount remaining in the account shall be made).
(c) Nothing in this Section 6.1.2 shall (i) make disbursements Lender responsible for performing or completing the Required Repairs; (ii) require Lender to expend funds in addition to the Required Repair Funds to complete any Required Repairs; (iii) obligate Lender to proceed with the Required Repairs; or (iv) obligate Lender to demand from Borrower additional sums to complete any Required Repairs.
(d) Borrower shall permit Lender and Lender’s agents and representatives (including, without limitation, Lender’s engineer, architect, inspector or consultant) or third parties to enter onto the Property during normal business hours (subject to the rights of Tenants under their Leases) to inspect the progress of any Required Repairs and all materials being used in connection therewith and to examine, if applicable, all plans and shop drawings relating to such Required Repairs. Prior to the occurrence of an Event of Default such entry and inspection shall be conducted in a manner that minimizes any interference with Borrower’s business or the use and enjoyment of the Property by Borrower, Borrower’s tenants and Borrower’s tenants’ customers and guests. Borrower shall cause all contractors and subcontractors to cooperate with Lender or Lender’s representatives or such other Persons described above in connection with inspections described in this Section 6.1.2(d).
(e) If a disbursement for any single Required Repair at an Individual Property will exceed $750,000, Lender may require an inspection of the Property at Borrower’s expense prior to making a disbursement of Required Repair Funds, and in connection therewith, such entry and inspection shall be conducted in a manner that minimizes any interference with Borrower’s business or the use and enjoyment of the Property by Borrower, Borrower’s tenants and Borrower’s tenants’ customers and guests. Lender may require that such inspection be conducted by an appropriate independent qualified professional selected by Lender and may require a certificate of completion by an independent qualified professional engineer, architect or consultant acceptable to Lender prior to the disbursement of such Required Repair Funds. Borrower shall pay the reasonable out-of-pocket expense of the inspection as required hereunder, whether such inspection is conducted by Lender or by an independent qualified professional engineer, architect or consultant.
(f) In the event Lender releases an Individual Property (or assigns the Mortgage encumbering such Individual Property) as a result of the exercise of Borrower’s rights under Section 2.4 or Section 2.5 hereof, Lender shall direct Agent, and Agent shall, promptly following the release of the Lien of the Mortgage (or the assignment of the Mortgage) with respect to such Individual Property, deliver, or cause the delivery, to Borrower from the Required Repair Account Funds an amount equal to the undisbursed portion of the Required Repair Funds deposited by Borrower with respect to the Property more than once each calendar month and Required Repairs to be performed on such disbursement shall be made only upon satisfaction of each condition contained in this Section 7.1.2Individual Property.
Appears in 1 contract
Release of Required Repair Funds. Lender shall disburse to Borrower the Required Repair Funds from the Required Repair Account from time to time upon satisfaction by Borrower of each of the following conditions: (ia) Borrower shall submit a written request for payment to Lender at least fifteen twenty (1520) days prior to the date on which Borrower requests such payment be made and specifies the Required Repairs to be paid, (iib) on the date such request is received by Lender and on the date such payment is to be made, no Default or Event of Default shall exist and remain uncured, (iiic) Lender shall have received a certificate from Borrower an Officers’ Certificate (Ai) stating that all Required Repairs at the Property to be funded by the requested disbursement have been completed in good and workmanlike manner and and, to the best of Borrower’s knowledge, in accordance with all applicable federal, state Legal Requirements and local laws, rules and regulationsEnvironmental Laws, such certificate to be accompanied by a copy of any license, permit or other approval by any Governmental Authority required to commence and/or complete the Required Repairs, (Bii) identifying each Person that supplied materials or labor in connection with the Required Repairs performed at the Property with respect to the reimbursement to be funded by the requested disbursement under a contract in excess of $50,000disbursement, and (Ciii) stating that each such Person who has supplied materials or labor in connection with the Required Repairs to be funded by the requested disbursement has been paid in full or will be paid in full upon such disbursement, such certificate Officers’ Certificate to be accompanied by lien waivers or other evidence of payment satisfactory to Lender, (ivd) at Lender’s option, a title search for the Property indicating that the Property is free from all liensLiens, claims and other encumbrances not previously approved by Lender, and (ve) Lender shall have received such other evidence as Lender shall reasonably request that the Required Repairs at the Property to be funded by the requested disbursement have been completed and are paid for or will be paid upon such disbursement to Borrower. Lender shall not be required to make disbursements from the Required Repair Account with respect to the Property more unless such requested disbursement is in an amount greater than once each calendar month and such $25,000 (or a lesser amount if the total amount in the Required Repair Account is less than $25,000, in which case only one disbursement of the amount remaining in the account shall be made only upon made). Lender shall not be obligated to make disbursements from the Required Repair Account with respect to the Property in excess of the amount deposited by Borrower. Upon the earlier of (1) Borrower’s completion of all Required Repairs to the satisfaction of each condition contained Lender (provided Borrower has supplied Lender with evidence satisfactory to Lender of payment of all Required Repairs and, if requested by Lender, waivers of liens and/or, in this Section 7.1.2the case of Required Repairs greater than $50,000.00, a title search of the Property or an endorsement to the mortgagee’s title insurance policy), or (2) payment in full by Borrower of all sums evidenced by the Note and secured by the Security Instrument and release by Lender of the lien of the Security Instrument, Lender shall disburse to Borrower all remaining Required Repair Funds.
Appears in 1 contract
Release of Required Repair Funds. Provided no Event of Default has occurred and is continuing, Lender shall promptly disburse to Borrower the Required Repair Funds from the Required Repair Account from time to time time, but not more frequently than once in any thirty (30) day period, upon satisfaction by Borrower of each of the following conditions: (ia) Borrower shall submit a written request for payment to Lender at least fifteen thirty (1530) days prior to the date on which Borrower requests such payment be made and specifies the Required Repairs to be paid, (iib) on the date such request is received by Lender and on the date such payment is to be made, no Default or Event of Default shall exist and remain uncured, (iiic) Lender shall have received a certificate from Borrower an Officer’s Certificate (Ai) stating that all Required Repairs at the Property to be funded by the requested disbursement have been completed in good and workmanlike manner and in accordance with all applicable federal, state and local laws, rules and regulations, such certificate Officer’s Certificate to be accompanied by a copy of any license, permit or other approval by any Governmental Authority required to commence and/or complete the Required Repairs, (Bii) identifying each Person that supplied materials or labor in connection with the Required Repairs performed at the Property to be funded by the requested disbursement under a contract in excess of $50,000, and (C) stating that each Person who has supplied materials or labor in connection with the Required Repairs to be funded by the requested disbursement disbursement, and (iii) stating that each such Person has been paid in full or will be paid in full upon such disbursement, such certificate Officer’s Certificate to be accompanied by lien waivers or other evidence of payment satisfactory to Lender, (ivd) at Lender’s option, a title search for the Property indicating that the Property is free from all liens, claims and other encumbrances not previously approved by Lender, and (ve) Lender shall have received such other evidence as Lender shall reasonably request that the Required Repairs at the Property to be funded by the requested disbursement have been completed and are paid for or will be paid upon such disbursement to Borrower. Lender shall not be required to make disbursements from the Required Repair Account with respect to unless such requested disbursement is in an amount greater than $5,000 (or a lesser amount if the Property more total amount in the Required Repair Account is less than once each calendar month $5,000, in which case only one disbursement of the amount remaining in the account shall be made) and such disbursement shall be made only upon satisfaction of each condition contained in this Section 7.1.2.
Appears in 1 contract
Samples: Loan Agreement (Fairchild Corp)
Release of Required Repair Funds. Lender shall disburse to Borrower Grantor the Required Repair Funds from the Required Repair Account from time to time upon satisfaction by Borrower Grantor of each of the following conditions: (i) Borrower Grantor shall submit a written request for payment to Lender at least fifteen (15) days prior to the date on which Borrower Grantor requests such payment be made and specifies the Required Repairs to be paid, (ii) on the date such request is received by Lender and on the date such payment is to be made, no Default or Event of Default shall exist and remain uncured, (iii) Lender shall have received a certificate from Borrower Grantor (A) stating that all Required Repairs at the Property to be funded by the requested disbursement have been completed in good and workmanlike manner and in accordance with all applicable federal, state and local laws, rules and regulations, such certificate to be accompanied by a copy of any license, permit or other approval by any Governmental Authority required to commence and/or complete the Required Repairs, (B) identifying each Person that supplied materials or labor in connection with the Required Repairs performed at the Property to be funded by the requested disbursement under a contract in excess of $50,000, and (C) stating that each Person who has supplied materials or labor in connection with the Required Repairs to be funded by the requested disbursement has been paid in full or will be paid in full upon such disbursement, such certificate to be accompanied by lien waivers or other evidence of payment satisfactory to Lender, (iv) at Lender’s 's option, a title search for the Property indicating that the Property is free from all liens, claims and other encumbrances not previously approved by Lender, and (v) Lender shall have received such other evidence as Lender shall reasonably request that the Required Repairs at the Property to be funded by the requested disbursement have been completed and are paid for or will be paid upon such disbursement to BorrowerGrantor. Lender shall not be required to make disbursements from the Required Repair Account with respect to the Property more than once each calendar month and such disbursement shall be made only upon satisfaction of each condition contained in this Section 7.1.2.
Appears in 1 contract
Samples: Loan Agreement (Inland Western Retail Real Estate Trust Inc)
Release of Required Repair Funds. Lender shall disburse to Borrower the Required Repair Funds from the Required Repair Account from time to time upon satisfaction by Borrower of each of the following conditions: :
(ia) Borrower shall submit a written request for payment to Lender at least fifteen ten (1510) days prior to the date on which Borrower requests such payment be made and specifies the Required Repairs to be paid, (iib) on the date such request is received by Lender and on the date such payment is to be made, no Default or Event of Default shall exist and remain uncured, (iiic) Lender shall have received a certificate from Borrower Borrower
(Ai) stating that all Required Repairs at the applicable Individual Property to be funded by the requested disbursement have been completed in a good and workmanlike manner and in accordance with all applicable federal, state and local laws, rules and regulationsLegal Requirements, such certificate to be accompanied by a copy of any license, permit or other approval by any Governmental Authority required to commence and/or complete in connection with the Required Repairs, (Bii) identifying each Person that supplied materials or labor in connection with the Required Repairs performed at the such Individual Property to be funded by the requested disbursement under a contract in excess of $50,000disbursement, and (Ciii) stating that each such Person who has supplied materials or labor in connection with the Required Repairs to be funded by the requested disbursement has been paid in full or will be paid in full upon such disbursement, such certificate to be accompanied by lien waivers or other evidence of payment satisfactory to Lender, (ivd) at Lender’s 's option, a title search for the such Individual Property indicating that the such Individual Property is free from all liens, claims and other encumbrances not previously approved by Lender, (e) at Lender's option, if the cost of the Required Repairs exceeds $250,000, Lender shall have received a report satisfactory to Lender in its reasonable discretion from an architect or engineer approved by Lender in respect of such architect or engineer's inspection of the Required Repairs, and (vf) Lender shall have received such other evidence as Lender shall reasonably request that the Required Repairs at the such Individual Property to be funded by the requested disbursement have been completed and are paid for or will be paid upon such disbursement to Borrower. Lender shall not be required to make disbursements from the disburse Required Repair Account with respect to the Property Funds more frequently than once each calendar month and month, or with respect to any Individual Property unless such requested disbursement is in an amount greater than $25,000 (or a lesser amount if the total Required Repair Funds is less than $25,000, in which case only one disbursement of the amount remaining in the account shall be made only upon satisfaction of each condition contained in this Section 7.1.2made).
Appears in 1 contract
Samples: Loan Agreement (Hilton Hotels Corp)
Release of Required Repair Funds. (a) With respect to any Required Repair (or portion thereof) which has been completed, Lender shall disburse to Borrower the Required Repair Funds from the Required Repair Account from time to time upon satisfaction by Borrower of each of the following conditions: (i) Borrower shall submit a written request for payment to Lender at least fifteen (15) days prior to the date on which Borrower requests such payment be made and specifies the Required Repairs (or portion thereof) to be paid, (ii) on the date such request is received by Lender and on the date such payment is to be made, no monetary Default or nor any Event of Default shall exist have occurred and remain uncuredoutstanding, (iii) Lender shall have received a certificate from Borrower an Officer’s Certificate (A) stating that all Required Repairs at the Property (or portion thereof) to be funded by the requested disbursement have been completed in a good and workmanlike manner and in accordance with all applicable federal, state and local laws, rules and regulationsLegal Requirements, such certificate to be accompanied by a copy of any license, permit or other approval required by any Governmental Authority required in connection with such Required Repairs to commence and/or complete the Required Repairsextent then available given the progress of the project, (B) identifying each Person that supplied materials or labor in connection with the Required Repairs performed at the Property to be funded by the requested disbursement under a contract in excess of $50,000disbursement, and (C) stating that each such Person who has supplied materials or labor in connection with the Required Repairs to be funded by the requested disbursement has been paid in full to date or will be paid in full to date upon such disbursement, such certificate to be accompanied by lien waivers or other evidence of payment satisfactory to Lender, and (D) stating that the Required Repairs (or portion thereof) to be funded by the requested disbursement have not been the subject of a previous disbursement, (iv) at Lender’s option, a title search for the Property indicating that the Property is free from all liens, claims and other encumbrances not previously approved by Lender, and (v) Lender shall have received such other evidence as Lender shall reasonably request that the Required Repairs at the Property (or portion thereof) to be funded by the requested disbursement have been completed and are paid for or will be paid for in full upon such disbursement to Borrower, and (vi) funds remaining in the Required Repair Account are, in Lender’s judgment, sufficient to complete (and pay in full) the Required Repairs when required in accordance with the terms of this Agreement. Lender shall not be required to make disbursements from disburse Required Repair Funds more frequently than once in any calendar month, and each disbursement of Required Repair Funds must be in an amount not less than the Minimum Disbursement Amount (or a lesser amount if the total remaining balance of Required Repair Funds is less than the Minimum Disbursement Amount, in which case only one disbursement of the amount remaining in the Required Repair Account with respect to the Property more than once each calendar month and such disbursement shall be made only upon satisfaction of each condition contained made).
(b) Nothing in this Section 7.1.26.1 shall (i) make Lender responsible for making or completing any Required Repairs; (ii) obligate Lender to commence or proceed with any Required Repairs; (iii) require Lender to expend funds in addition to the Required Repair Funds to complete any Required Repairs; or (iv) obligate Lender to demand from Borrower additional sums to perform or complete any Required Repairs.
Appears in 1 contract
Samples: Loan Agreement (KBS Strategic Opportunity REIT, Inc.)
Release of Required Repair Funds. Lender shall disburse to Borrower the Required Repair Funds from the Required Repair Account from time to time upon satisfaction by Borrower of each of the following conditions: :
(ia) Borrower shall submit a written request for payment to Lender at least fifteen (15) days Business Days prior to the date on which Borrower requests such payment be made and specifies the Required Repairs to be paid, (iib) on the date such request is received by Lender and on the date such payment is to be made, no Default or Event of Default shall exist and remain uncured, (iiic) Lender shall have received a certificate from Borrower an Officers’ Certificate (Ai) stating that all Required Repairs at the Property to be funded by the requested disbursement have been completed in good and workmanlike manner and in accordance with all applicable federal, state and local laws, rules and regulations, such certificate to be accompanied by a copy of any license, permit or other approval by any Governmental Authority required to commence and/or or complete the Required Repairs, (Bii) identifying each Person that supplied materials or labor in connection with the Required Repairs performed at the Property to be funded by the requested disbursement under a contract in excess of $50,000, and (C) stating that each Person who has supplied materials or labor in connection with the Required Repairs to be funded by the requested disbursement disbursement, and (iii) stating that each such Person has been paid in full or will be paid in full upon such disbursement, such certificate Officers’ Certificate to be accompanied by lien waivers or other evidence of payment satisfactory to Lender, (ivd) at Lender’s option, if the cost of the Immediate Repairs exceeds $50,000, a title search for the Property indicating that the Property is free from all liens, claims and other encumbrances not previously approved by Lender, and (ve) Lender shall have received such other evidence as Lender shall reasonably request that the Required Repairs at the Property to be funded by the requested disbursement have been completed and are paid for or will be paid upon such disbursement to Borrower. Lender shall not be required to make disbursements from the Required Repair Account with respect to the Property (i) more than once each calendar a month and (ii) unless such requested disbursement is in an amount greater than $25,000.00 (or a lesser amount if the total amount in the Required Repair Account is less than $25,000.00), in which case only one disbursement of the amount remaining in the account shall be made) and such disbursement shall be made only upon satisfaction of each condition contained in this Section 7.1.2.
Appears in 1 contract
Release of Required Repair Funds. (a) Lender shall disburse to Borrower the Required Repair Funds from the Required Repair Account from time to time time, but not more frequently than once in any thirty (30) day period, upon satisfaction by Borrower of each of the following conditions: conditions with respect to each disbursement:
(ia) Borrower shall submit a written request for payment to Lender (with a copy to the Title Company) at least fifteen twenty (1520) days prior to the date on which Borrower requests such payment be made and made, which request specifies the Required Repairs to be paid, (iib) on the date such request is received by Lender and on the date such payment is to be made, no Default or Event of Default shall exist and remain uncured, (iiic) Lender and the Title Company shall have received a certificate from Borrower an Officer’s Certificate (Ai) stating that all the portion of the Required Repairs at the applicable Individual Property to be funded by the requested disbursement have been completed in good and workmanlike manner and in accordance with all applicable federal, state and local laws, rules and regulations, such certificate Officer’s Certificate to be accompanied by a copy of any license, permit or other approval by any Governmental Authority required to commence and/or complete the Required Repairs, (Bii) identifying each Person that supplied materials or labor in connection with the Required Repairs performed at the such Individual Property to be funded by the requested disbursement under a contract in excess of $50,000disbursement, and (Ciii) stating that each such Person who has supplied materials or labor in connection with the Required Repairs to be funded by the requested disbursement has been paid in full or will be paid in full upon such disbursementdisbursement for work completed and/or materials furnished to date, such certificate Officer’s Certificate to be accompanied by lien waivers or other evidence of payment reasonably satisfactory to LenderLender and the Title Company, (ivd) at Lender’s option, Lender shall have received a title search for the Property indicating that the Property is free from all liens, claims and other encumbrances not previously approved by LenderLender (or evidence satisfactory to Lender that any such liens, claims or encumbrances will be fully bonded or insured against under the Title Insurance Policy), and (ve) Lender shall have received such other evidence as Lender shall reasonably request that the Required Repairs at the such Individual Property to be funded by the requested disbursement have been completed and are paid for or will be paid upon such disbursement to Borrower. Lender shall not be required to make disbursements from the Required Repair Account with respect to any Individual Property unless such requested disbursement is in an amount greater than $5,000 (or a lesser amount if the Property more total amount in the Required Repair Account is less than once each calendar month $5,000, in which case only one disbursement of the amount remaining in the account shall be made) and such disbursement shall be made only upon satisfaction of each condition contained in this Section 7.1.2.
(b) Nothing in this Section 7.1.2 shall (i) make Lender responsible for performing or completing any Required Repairs; (ii) require Lender to expend funds in addition to the Required Repairs Funds to complete any Required Repairs; (iii) obligate Lender to proceed with any Required Repairs; or (iv) obligate Lender to demand from Borrower additional sums to complete any Required Repairs.
(c) Borrower shall permit, and cause IDOT Guarantor to permit, Lender and Lender’s agents and representatives (including Lender’s engineer, architect or inspector) or third parties to enter onto the Individual Property during normal business hours (subject to the rights of tenants under their Leases) to inspect the progress of any Required Repairs and all materials being used in connection therewith and to examine all plans and shop drawings relating to such Required Repairs; provided, that Lender and such agents and representatives shall not interrupt the business of Borrower or IDOT Guarantor, as applicable, or any tenants under the Leases. Borrower shall cause all contractors and subcontractors to cooperate with Lender or Lender’s representatives or such other Persons described above in connection with inspections described in this Section 7.1.2(c).
(d) If a disbursement will exceed $150,000, Lender may require an inspection of the Individual Property at Borrower’s expense prior to making a disbursement of Required Repairs Funds in order to verify completion of the Required Repairs for which reimbursement is sought. Lender may require that such inspection be conducted by an appropriate independent qualified professional selected by Lender and may require a certificate of completion by an independent qualified professional architect acceptable to Lender prior to the disbursement of Required Repairs Funds. Borrower shall pay the reasonable expense of the inspection as required hereunder, whether such inspection is conducted by Lender or by an independent qualified professional architect.
(e) In addition to any insurance required under the Loan Documents, Borrower shall provide or cause to be provided worker’s compensation insurance, builder’s risk, and public liability insurance and other insurance to the extent required under applicable law in connection with the Required Repairs. All such policies shall be in form and amount reasonably satisfactory to Lender.
Appears in 1 contract
Release of Required Repair Funds. Lender shall disburse to Borrower the Required Repair Funds from the Required Repair Account from time to time upon satisfaction by Borrower of each of the following conditions: (ia) Borrower shall submit a written request for payment to Lender at least fifteen thirty (1530) days prior to the date on which Borrower requests such payment be made and specifies the Required Repairs to be paid, (iib) on the date such request is received by Lender and on the date such payment is to be made, no Default or Event of Default shall exist and remain uncured, (iiic) Lender shall have received a certificate from Borrower an Officers’ Certificate (Ai) stating that all Required Repairs at the Property to be funded by the requested disbursement have been completed in good and workmanlike manner and in accordance with all applicable federal, state and local laws, rules and regulations, such certificate to be accompanied by a copy of any license, permit or other approval by any Governmental Authority required to commence and/or complete the Required Repairs, (Bii) identifying each Person that supplied materials or labor in connection with the Required Repairs performed at the Property to be funded by the requested disbursement under a contract in excess of $50,000, and (C) stating that each Person who has supplied materials or labor in connection with the Required Repairs to be funded by the requested disbursement disbursement, and (iii) stating that each such Person has been paid in full or will be paid in full upon such disbursement, such certificate Officers’ Certificate to be accompanied by lien waivers or other evidence of payment satisfactory to Lender, (ivd) at Lender’s option, a title search for the applicable Individual Property indicating that the applicable Individual Property is free from all liens, claims and other encumbrances not previously approved by Lender, and (ve) Lender shall have received such other evidence as Lender shall reasonably request that the Required Repairs at the Property to be funded by the requested disbursement have been completed and are paid for or will be paid upon such disbursement to Borrower. Lender shall not be required to make disbursements from the Required Repair Account with respect to the Property more than once each calendar month and such disbursement shall be made only upon satisfaction of each condition contained in this Section 7.1.2.as
Appears in 1 contract
Release of Required Repair Funds. Lender Administrative Agent shall disburse to Borrower the Required Repair Funds from funds deposited in the Required Repair Account from time to time Subaccount (the "REQUIRED REPAIR FUND") upon satisfaction by Borrower of each of the following conditions: (i) Borrower shall submit a written request for payment to Lender Administrative Agent at least fifteen twenty (1520) days prior to the date on which Borrower requests such payment be made and specifies made, specifying the Property Required Repairs to be paid, ; (ii) on the date such request is received by Lender Administrative Agent and on the date such payment is to be made, no monetary Default or Event of Default shall exist and remain uncured, uncured and will not be cured as a result of such disbursement; (iii) Lender Administrative Agent shall have received a certificate an Officers' Certificate from Borrower (A) stating that all Property Required Repairs at the Property Asset to be funded by the requested disbursement have been completed in a good and workmanlike manner and in accordance with all applicable federal, state and local laws, rules and regulationsLegal Requirements, such certificate to be accompanied by a copy of any license, permit or other approval by any Governmental Authority required to commence and/or complete the such Property Required Repairs, (B) identifying each Person that supplied materials or labor in connection with the Property Required Repairs performed at the Property to be funded by the requested disbursement under a contract in excess of $50,000disbursement, and (C) stating that each such Person who has supplied materials or labor in connection with the Required Repairs to be funded by the requested disbursement has been paid in full or will be paid in full upon such disbursement, such certificate to be accompanied by lien waivers or other evidence of payment reasonably satisfactory to Lender, Administrative Agent; (iv) at Lender’s Administrative Agent's option, a title search for the Property Asset indicating that the Property Asset is free from all liens, claims and other encumbrances Liens not previously approved by Lender, Administrative Agent (except for Permitted Encumbrances); and (v) Lender Administrative Agent shall have received such other evidence as Lender Administrative Agent shall reasonably request that the Property Required Repairs at the Property Asset to be funded by the requested disbursement have been completed and are paid for or will be paid upon such disbursement to Borrower. Lender Administrative Agent shall not be required to make disbursements any disbursement from the Required Repair Account Subaccount with respect to any Asset unless such requested disbursement is in an amount equal to or greater than $25,000 (or a lesser amount if the Property more total amount in the Required Repair Subaccount is less than once each calendar month $25,000, in which case only one disbursement of the amount remaining in the Required Repair Subaccount shall be made) and such disbursement shall be made only upon satisfaction of each condition contained in this Section 7.1.27.
Appears in 1 contract
Samples: Loan Agreement (Bristol Hotel Co)
Release of Required Repair Funds. Lender shall disburse to Borrower the Required Repair Funds from the Required Repair Account from time to time upon satisfaction by Borrower of each of the following conditions: :
(ia) Borrower shall submit a written request for payment to Lender at least fifteen (15) days prior to the date on which Borrower requests such payment be made and specifies the Required Repairs to be paid, (iib) on the date such request is received by Lender and on the date such payment is to be made, no Default or Event of Default shall exist and remain uncured, (iiic) Lender shall have received a certificate from Borrower an Officers' Certificate (Ai) stating that all Required Repairs at the applicable Individual Property to be funded by the requested disbursement have been completed in good and workmanlike manner and and, to the best of Borrower's knowledge, in accordance with all applicable federal, state Legal Requirements and local laws, rules and regulationsEnvironmental Laws, such certificate to be accompanied by a copy of any license, permit or other approval by any Governmental Authority required to commence and/or complete the Required Repairs, (Bii) identifying each Person that supplied materials or labor in connection with the Required Repairs performed at such Individual Property with respect to the Property reimbursement to be funded by the requested disbursement under a contract in excess of $50,000disbursement, and (Ciii) stating that each such Person who has supplied materials or labor in connection with the Required Repairs to be funded by the requested disbursement has been paid in full or will be paid in full upon such disbursement, such certificate Officers' Certificate to be accompanied by lien waivers or other evidence of payment satisfactory to Lender, (ivd) at Lender’s 's option, a title search for the such Individual Property indicating that the such Individual Property is free from all liensLiens, claims and other encumbrances not previously approved by Lender, and (ve) Lender shall have received such other evidence as Lender shall reasonably request that the Required Repairs at the such Individual Property to be funded by the requested disbursement have been completed and are paid for or will be paid upon such disbursement to Borrower. Lender shall not be required to make disbursements from the Required Repair Account with respect to any Individual Property unless such requested disbursement is in an amount greater than $25,000 (or a lesser amount if the Property more total amount in the Required Repair Account is less than once each calendar month and such $25,000, in which case only one disbursement of the amount remaining in the account shall be made only upon satisfaction made). Lender shall not be obligated to make disbursements from the Required Repair Account with respect to an Individual Property in excess of each condition contained the amount allocated for such Individual Property as set forth on Schedule III hereof. Upon Lender's receipt of evidence of completion of all Required Repairs in this Section 7.1.2accordance with the terms hereof, any remaining Required Repair Funds shall be disbursed to (i) provided no Mezzanine Event of Default or Junior Mezzanine Event of Default has occurred and is continuing, Borrower or during an Excess Cash Flow Sweep Period, the Excess Cash Flow Account or (ii) after the occurrence and during the continuance of a 101 Mezzanine Event of Default or Junior Mezzanine Event of Default, Mezzanine Lender or Junior Mezzanine Lender, as applicable.
Appears in 1 contract
Release of Required Repair Funds. Lender shall disburse to Borrower the Required Repair Funds from the Required Repair Account from time to time as work progresses on such Required Repairs upon satisfaction by Borrower of each of the following conditions: :
(i) Borrower shall submit a written request for payment to Lender at least fifteen (15) days prior to the date on which Borrower requests such payment be made and specifies specify the work with respect to the Required Repairs to be paid, (ii) on the date such request is received by Lender and on the date such payment is to be made, no Default or Event of Default shall exist and remain uncured, (iii) Lender shall have received a certificate from Borrower (A) stating that all work with respect to the Required Repairs or the portion thereof at the applicable Individual Property to be funded by the requested disbursement have been completed in good and workmanlike manner and in accordance with all applicable federal, state and local laws, rules and regulationsLegal Requirements, such certificate to be accompanied by a copy of any license, permit or other approval by any Governmental Authority required to commence and/or complete the Required Repairs, (B) identifying each Person general contractor and each major subcontractor and major materialman that supplied materials or labor in connection with the Required Repairs performed at the such Individual Property to be funded by the requested disbursement under a contract in excess of $50,000disbursement, and (C) stating that each Person who has that supplied materials or labor in connection with the Required Repairs to be funded by the requested disbursement has been paid in full or will be paid in full upon such disbursement, such certificate to be accompanied by lien waivers or other evidence of payment of all sums then due, reasonably satisfactory to Lender, (iv) at Lender’s 's option, a title search for the such Individual Property indicating that the such Individual Property is free from all liensLiens, claims and other encumbrances not (a) previously approved by Lender, Lender or (b) satisfactorily bonded or insured against by the Title Insurance Policy in the reasonable discretion of Lender and (v) Lender shall have received such other evidence as Lender shall reasonably request that the work with respect to the Required Repairs or portion thereof at the such Individual Property to be funded by the requested disbursement has been completed (or any materials to be funded by the requested disbursement are on site at the applicable Individual Property or in a bonded warehouse reasonably acceptable to Lender and are properly secured or have been completed installed in such Individual Property) and are is paid for or will be paid upon such disbursement to Borrower. Lender shall not be required to make disbursements from the Required Repair Account with respect to any Individual Property unless such requested disbursement is in an amount greater than Twenty-Five Thousand and No/100 Dollars ($25,000) (or a lesser amount if the Property more total amount in the Required Repair Account is less than once each calendar month Twenty-Five Thousand and No/100 dollars ($25,000), in which case only one disbursement of the amount remaining in the account shall be made) and such disbursement shall be made only upon satisfaction of each condition contained in this Section 7.1.27.
Appears in 1 contract
Release of Required Repair Funds. Lender shall disburse to Borrower the Required Repair Funds from the Required Repair Account from time to time upon satisfaction by Borrower of each of the following conditions: (ia) Borrower shall submit a written request for payment to Lender at least fifteen (15) days Business Days prior to the date on which Borrower requests such payment be made and specifies the Required Repairs to be paid, (iib) on the date such request is received by Lender and on the date such payment is to be made, no Default or Event of Default shall exist and remain uncured, (iiic) Lender shall have received a certificate from Borrower an Officers’ Certificate (Ai) stating that all Required Repairs at the Property to be funded by the requested disbursement have been completed in good and workmanlike manner and in accordance with all applicable federal, state and local laws, rules and regulations, such certificate to be accompanied by a copy of any license, permit or other approval by any Governmental Authority required to commence and/or or complete the Required Repairs, (Bii) identifying each Person that supplied materials or labor in connection with the Required Repairs performed at the Property to be funded by the requested disbursement under a contract in excess of $50,000, and (C) stating that each Person who has supplied materials or labor in connection with the Required Repairs to be funded by the requested disbursement disbursement, and (iii) stating that each such Person has been paid in full or will be paid in full upon such disbursement, such certificate Officers’ Certificate to be accompanied by lien waivers or other evidence of payment satisfactory to Lender, (ivd) at Lender’s option, if the cost of the Immediate Repairs exceeds $50,000, a title search for the Property indicating that the Property is free from all liens, claims and other encumbrances not previously approved by Lender, and (ve) Lender shall have received such other evidence as Lender shall reasonably request that the Required Repairs at the Property to be funded by the requested disbursement have been completed and are paid for or will be paid upon such disbursement to Borrower. Lender shall not be required to make disbursements from the Required Repair Account with respect to the Property (i) more than once each calendar a month and (ii) unless such requested disbursement is in an amount greater than $25,000.00 (or a lesser amount if the total amount in the Required Repair Account is less than $25,000.00), in which case only one disbursement of the amount remaining in the account shall be made) and such disbursement shall be made only upon satisfaction of each condition contained in this Section 7.1.2.
Appears in 1 contract
Release of Required Repair Funds. Lender shall disburse to Borrower the Required Repair Funds from the Required Repair Account from time to time upon satisfaction by Borrower of each of the following conditions: (ia) Borrower shall submit a written request for payment to Lender at least fifteen (15) days prior to the date on which Borrower requests such payment be made and specifies the Required Repairs to be paid, (iib) on the date such request is received by Lender and on the date such payment is to be made, no Default or Event of Default shall exist and remain uncured, (iiic) Lender shall have received a certificate from Borrower an Officer’s Certificate (Ai) stating that all Required Repairs at the Property to be funded by the requested disbursement have been completed in good and workmanlike manner and in accordance with all applicable federal, state and local laws, rules and regulations, such certificate to be accompanied by a copy of any license, permit or other approval by any Governmental Authority required to commence and/or complete the Required Repairs, (Bii) identifying each Person that supplied materials or labor in connection with the Required Repairs performed at the Property to be funded by the requested disbursement under a contract in excess of $50,000, and (Ciii) stating that each such Person who has supplied materials or labor in connection with the Required Repairs to be funded by the requested disbursement has been paid in full or will be paid in full upon such disbursement, such certificate Officer’s Certificate to be accompanied by lien waivers or other evidence of payment satisfactory to Lender, (ivd) at Lender’s option, a title search for the Property indicating that the Property is free from all liens, claims and other encumbrances not previously approved by Lender, and (ve) Lender shall have received such other evidence as Lender shall reasonably request that the Required Repairs at the Property to be funded by the requested disbursement have been completed and are paid for or will be paid upon such disbursement to Borrower. Lender shall not be required to make disbursements from the Required Repair Account with respect to the Property (i) more than once each a calendar month and (ii) unless such requested disbursement is in an amount greater than $25,000.00 (or a lesser amount if the total amount in the Required Repair Account is less than $25,000.00), in which case only one disbursement of the amount remaining in the account shall be made) and such disbursement shall be made only upon satisfaction of each condition contained in this Section 7.1.27.1.
Appears in 1 contract
Samples: Loan Agreement (Inland Diversified Real Estate Trust, Inc.)
Release of Required Repair Funds. Lender shall disburse to Borrower the Required Repair Funds from the Required Repair Account from time to time upon satisfaction by Borrower of each of the following conditions: (ia) Borrower shall submit a written request for payment to Lender at least fifteen thirty (1530) days prior to the date on which Borrower requests such payment be made and specifies the Required Repairs to be paid, (iib) on the date such request is received by Lender and on the date such payment is to be made, no Default or Event of Default shall exist and remain uncured, (iiic) Lender shall have received a certificate from Borrower an Officers’ Certificate (Ai) stating that all Required Repairs at the Property to be funded by the requested disbursement have been completed in good and workmanlike manner and in accordance with all applicable federal, state and local laws, rules and regulations, such certificate to be accompanied by a copy of any license, permit or other approval by any Governmental Authority required to commence and/or or complete the Required Repairs, (Bii) identifying each Person that supplied materials or labor in connection with the Required Repairs performed at the Property to be funded by the requested disbursement under a contract in excess of $50,000, and (C) stating that each Person who has supplied materials or labor in connection with the Required Repairs to be funded by the requested disbursement disbursement, and (iii) stating that each such Person has been paid in full or will be paid in full upon such disbursement, such certificate Officers’ Certificate to be accompanied by lien waivers or other evidence of payment reasonably satisfactory to Lender, (ivd) at Lender’s option, a title search for the applicable Individual Property indicating that the applicable Individual Property is free from all liens, claims and other encumbrances not previously approved by Lender, and (ve) Lender shall have received such other evidence as Lender shall reasonably request that the Required Repairs at the Property to be funded by the requested disbursement have been completed and are paid for or will be paid upon such disbursement to Borrower. Lender shall not be required to make disbursements from the Required Repair Account with respect to the Property (i) more than once each calendar a month and (ii) unless such requested disbursement is in an amount greater than $5,000.00 (or a lesser amount if the total amount in the Required Repair Account is less than $5,000.00, in which case only one disbursement of the amount remaining in the account shall be made) and such disbursement shall be made only upon satisfaction of each condition contained in this Section 7.1.27.1.
Appears in 1 contract
Release of Required Repair Funds. Lender shall disburse to Borrower the Required Repair Funds from the Required Repair Account from time to time upon satisfaction by Borrower of each of the following conditions: (i) Borrower shall submit a written request for payment to Lender at least fifteen (15) days prior to the date on which Borrower requests such payment be made and specifies the Required Repairs to be paid, (ii) on the date such request is received by Lender and on the date such payment is to be made, no Default or Event of Default shall exist and remain uncured, (iii) Lender shall have received a certificate from Borrower (A) stating that all Required Repairs at the applicable Individual Property to be funded by the requested disbursement have been completed in good and workmanlike manner and in accordance with all applicable federal, state and local laws, rules and regulations, such certificate to be accompanied by a copy of any license, permit or other approval by any Governmental Authority required to commence and/or complete the Required Repairs, (B) identifying each Person that supplied materials or labor in connection with the Required Repairs performed at the such Individual Property to be funded by the requested disbursement under a contract in excess of $50,000, and (C) stating that each Person who has supplied materials or labor in connection with the Required Repairs to be funded by the requested disbursement has been paid in full or will be paid in full upon such disbursement, such certificate to be accompanied by lien waivers or other evidence of payment satisfactory to Lender, (iv) at Lender’s option, a title search for the such Individual Property indicating that the such Individual Property is free from all liens, claims and other encumbrances not previously approved by Lender, and (v) Lender shall have received such other evidence as Lender shall reasonably request that the Required Repairs at the such Individual Property to be funded by the requested disbursement have been completed and are paid for or will be paid upon such disbursement to Borrower. Lender shall not be required to make disbursements from the Required Repair Account with respect to the an Individual Property more than once each calendar month and such disbursement shall be made only upon satisfaction of each condition contained in this Section 7.1.2.
Appears in 1 contract
Samples: Loan Agreement (Inland American Real Estate Trust, Inc.)
Release of Required Repair Funds. Lender shall disburse to Borrower the Required Repair Funds from the Required Repair Account from time to time upon satisfaction by Borrower of each of the following conditions: (i) Borrower shall submit a written request for payment to Lender at least fifteen (15) days prior to the date on which Borrower requests such payment be made and specifies the Required Repairs to be paid, (ii) on the date such request is received by Lender and on the date such payment is to be made, no Default or Event of Default shall exist and remain uncured, (iii) Lender shall have received a certificate from Borrower (A) stating that all Required Repairs at the Property to be funded by the requested disbursement have been completed in good and workmanlike manner and in accordance with all applicable federal, state and local laws, rules and regulations, such certificate to be accompanied by a copy of any license, permit or other approval by any Governmental Authority required to commence and/or complete the Required Repairs, (B) identifying each Person that supplied materials or labor in connection with the Required Repairs performed at the Property to be funded by the requested disbursement under a contract in excess of $50,000, and (C) stating that each Person who has supplied materials or labor in connection with the Required Repairs to be funded by the requested disbursement has been paid in full or will be paid in full upon such disbursement, such certificate to be accompanied by lien waivers or other evidence of payment satisfactory to Lender, (iv) at Lender’s 's option, a title search for the Property indicating that the Property is free from all liens, claims and other encumbrances not previously approved by Lender, and (v) Lender shall have received such other evidence as Lender shall reasonably request that the Required Repairs at the Property to be funded by the requested disbursement have been completed and are paid for or will be paid upon such disbursement to Borrower. Lender shall not be required to make disbursements from the Required Repair Account with respect to the Property more than once each calendar month and such disbursement shall be made only upon satisfaction of each condition contained in this Section 7.1.2.57
Appears in 1 contract
Samples: Loan Agreement (Inland Western Retail Real Estate Trust Inc)
Release of Required Repair Funds. Lender shall disburse to Borrower the Required Repair Funds from the Required Repair Account from time to time upon satisfaction by Borrower of each of the following conditions: (i) Borrower shall submit a written request for payment to Lender at least fifteen (15) days prior to the date on which Borrower requests such payment be made and specifies the Required Repairs to be paid, (ii) on the date such request is received by Lender and on the date such payment is to be made, no Default or Event of Default shall exist and remain uncured, (iii) Lender shall have received a certificate from Borrower (A) stating that all Required Repairs at the Property to be funded by the requested disbursement have been completed in good and workmanlike manner and in accordance with all applicable federal, state and local laws, rules and regulations, such certificate to be accompanied by a copy of any license, permit or other approval by any Governmental Authority required to commence and/or complete the Required Repairs, (B) identifying each Person that supplied materials or labor in connection with the Required Repairs performed at the Property to be funded by the requested disbursement under a contract in excess of $50,000, and (C) stating that each Person who has supplied materials or labor in connection with the Required Repairs to be funded by the requested disbursement has been paid in full or will be paid in full upon such disbursement, such certificate to be accompanied by lien waivers or other evidence of payment satisfactory to Lender, (iv) at Lender’s option, a title search for the Property indicating that the Property is free from all liens, claims and other encumbrances not previously approved by Lender, and (v) Lender shall have received such other evidence as Lender shall reasonably request that the Required Repairs at the Property to be funded by the requested disbursement have been completed and are paid for or will be paid upon such disbursement to Borrower. Lender shall not be required to make disbursements from the Required Repair Account with respect to the Property more than once each calendar month and such disbursement shall be made only upon satisfaction of each condition contained in this Section 7.1.2.59
Appears in 1 contract
Samples: Loan Agreement (Inland Western Retail Real Estate Trust Inc)
Release of Required Repair Funds. Lender shall disburse to Borrower the Required Repair Funds from the Required Repair Account from time to time upon satisfaction by Borrower of each of the following conditions: (ia) Borrower shall submit a written request for payment to Lender at least fifteen thirty (1530) days prior to the date on which Borrower requests such payment be made and specifies the Required Repairs to be paid, (iib) on the date such request is received by Lender and on the date such payment is to be made, no Default or Event of Default shall exist and remain uncuredbe continuing, (iiic) Lender shall have received a certificate from Borrower an Officers’ Certificate (Ai) stating that all Required Repairs at the applicable Individual Property to be funded by the requested disbursement have been completed in good and workmanlike manner and and, to the best of Borrower’s knowledge, in accordance with all applicable federal, state Legal Requirements and local laws, rules and regulationsEnvironmental Laws, such certificate to be accompanied by a copy of any license, permit or other approval by any Governmental Authority required to commence and/or complete the Required Repairs, (Bii) identifying each Person that supplied materials or labor in connection with the Required Repairs performed at such Individual Property with respect to the Property reimbursement to be funded by the requested disbursement under a contract in excess of $50,000disbursement, and (Ciii) stating that each such Person who has supplied materials or labor in connection with the Required Repairs to be funded by the requested disbursement has been paid in full or will be paid in full upon such disbursement, such certificate Officers’ Certificate to be accompanied by lien waivers or other evidence of payment satisfactory to Lender, (ivd) at Lender’s option, a title search for the such Individual Property indicating that the such Individual Property is free from all liensLiens, claims and other encumbrances not previously approved by Lender, and (ve) Lender shall have received such other evidence as Lender shall reasonably request that the Required Repairs at the such Individual Property to be funded by the requested disbursement have been completed and are paid for or will be paid upon such disbursement to Borrower. Lender shall not be required to make disbursements from the Required Repair Account with respect to any Individual Property unless such requested disbursement is in an amount equal to or greater than the Minimum Disbursement Amount (or a lesser amount if the total amount in the Required Repair Account is less than Minimum Disbursement Amount, in which case only one disbursement of the amount remaining in the account shall be made). Lender shall not be obligated to make disbursements from the Required Repair Account with respect to an Individual Property in excess of the amount allocated for such Individual Property as set forth on Schedule IV hereof. Upon Borrower’s completion of all Required Repairs with respect to an Individual Property to the satisfaction of Lender (provided Borrower has supplied Lender with evidence satisfactory to Lender of payment of all Required Repairs applicable to such Individual Property and, if requested by Lender, waivers of liens and/or a title search of the Property more than once each calendar month or an endorsement to the mortgagee’s title insurance policy), so long as no Event of Default is then continuing, Lender shall disburse to Borrower all remaining Required Repair Funds allocated to such Individual Property as set forth on Schedule IV hereof. Upon the payment in full by Borrower of all sums evidenced by the Note and such disbursement secured by the Security Instruments and release by Lender of the Liens of the Security Instruments, Lender shall be made only upon satisfaction of each condition contained in this Section 7.1.2disburse to Borrower all remaining Required Repair Funds, if any.
Appears in 1 contract
Samples: Loan Agreement (Netreit, Inc.)
Release of Required Repair Funds. Lender shall disburse to Borrower the Borrowers all Required Repair Funds from in the Required Repair Account from time to time upon satisfaction by Borrower Borrowers of each of the following conditions: (ia) Borrower Borrowers shall submit a written request for payment to Lender at least fifteen thirty (1530) days prior to the date on which Borrower requests Borrowers request such payment be made and specifies (except in the Required Repairs to be paidcase of an emergency repair which requires immediate attention, in which event Borrowers may submit such payment request within ten (10) days), (iib) on the date such request is received by Lender and on the date such payment is to be made, no Default or Event of Default shall exist and remain uncured, (iiic) Lender shall have received a certificate an Officer's Certificate from Borrower (A) stating Borrowers certifying that all Required Repairs at the Property to be funded by the Properties for which disbursement has been requested disbursement have been completed (i) in a good and workmanlike manner manner, and (ii) in accordance with all applicable federal, state Legal Requirements and local laws, rules and regulationsapplicable Property Agreements, such certificate to be accompanied by a copy of any each license, permit or other approval required by any Governmental Authority required with respect to commence and/or complete the Required RepairsRepair, (Bd) Lender shall have received an Officer's Certificate from Borrowers (i) identifying each Person that supplied materials or labor in connection with the Required Repairs performed at the Property to be funded by the for which disbursement has been requested disbursement under a contract in excess of $50,000, and (Cii) stating that each such Person who has supplied materials or labor in connection with the Required Repairs to be funded by the requested disbursement has been paid in full or will be paid in full upon such disbursementwith the funds disbursed, such certificate to be accompanied by a copy of appropriate lien waivers or other evidence of payment satisfactory to Lender, (ive) at Lender’s 's option, a title search for the applicable Property indicating that the such Property is free from all liens, claims and other encumbrances arising from the Required Repair or not previously approved by Lender, and (vf) Lender shall have received such other evidence as Lender shall reasonably request that the Required Repairs at the Property to be funded by the requested disbursement Properties have been completed and are paid for or will be paid upon such disbursement to Borrowerfor. Lender shall not be required to make disbursements only one disbursement from the Required Repair Account with respect to the Property more than once each calendar month and such disbursement shall be made only upon satisfaction of each condition contained in this Section 7.1.2.Account
Appears in 1 contract
Samples: Loan Agreement (Prime Retail Lp)
Release of Required Repair Funds. Lender shall direct Agent to disburse to Borrower the Required Repair Funds from the Required Repair Account from time to time upon satisfaction by Borrower of each of the following conditions: :
(ia) Borrower shall submit a written request for payment to Lender at least fifteen ten (1510) days prior to the date on which Borrower requests such payment be made and specifies the Required Repairs to be paid, (iib) on the date such request is received by Lender and on the date such payment is to be made, no Default or Event of Default shall exist and remain uncured, (iiic) Lender shall have received a certificate from Borrower (Ai) stating that all Required Repairs at the Property to be funded by the requested disbursement have been completed in a good and workmanlike manner and in accordance with all applicable federal, state and local laws, rules and regulationsLegal Requirements, such certificate to be accompanied by a copy of any license, permit or other approval by any Governmental Authority required to commence and/or complete in connection with the Required Repairs, (Bii) identifying each Person that supplied materials or labor in connection with the Required Repairs performed at the Property to be funded by the requested disbursement under a contract in excess of $50,000, and (C) stating that each Person who has supplied materials or labor in connection with the Required Repairs to be funded by the requested disbursement disbursement, and (iii) stating that each such Person has been paid in full or will be paid in full upon such disbursement, such certificate to be accompanied by lien waivers or other evidence of payment satisfactory to Lender, (ivd) at Lender’s option, a title search for the Property indicating that the Property is free from all liens, claims and other encumbrances not previously approved by Lender, (e) at Lender’s option, if the cost of the Required Repairs exceeds $25,000, Lender shall have received a report satisfactory to Lender in its reasonable discretion from an architect or engineer approved by Lender in respect of such architect or engineer’s inspection of the required repairs, and (vf) Lender shall have received such other evidence as Lender shall reasonably request that the Required Repairs at the Property to be funded by the requested disbursement have been completed and are paid for or will be paid upon such disbursement to Borrower. Lender shall not be required to make disbursements from the disburse Required Repair Account with respect to the Property Funds more frequently than once each calendar month and month, unless such requested disbursement is in an amount greater than the Minimum Disbursement Amount (or a lesser amount if the total Required Repair Funds is less than the Minimum Disbursement Amount, in which case only one disbursement of the amount remaining in the account shall be made only upon satisfaction of each condition contained in this Section 7.1.2made).
Appears in 1 contract
Release of Required Repair Funds. Lender shall direct Agent to disburse to the applicable Borrower the Required Repair Funds from the Required Repair Account from time to time upon satisfaction by such Borrower of each of the following conditions: (ia) such Borrower shall submit a written request for payment to Lender at least fifteen ten (1510) days prior to the date on which such Borrower requests such payment be made and specifies the Required Repairs to be paid, (iib) on the date such request is received by Lender and on the date such payment is to be made, no Default or Event of Default shall exist and remain uncured, (iiic) Lender shall have received a certificate from Borrower an Officer’s Certificate (Ai) stating that all Required Repairs at the Property to be funded by the requested disbursement have been completed in a good and workmanlike manner and in accordance with all applicable federal, state and local laws, rules and regulationsLegal Requirements, such certificate to be accompanied by a copy of any license, permit or other approval by any Governmental Authority required to commence and/or complete in connection with the Required Repairs, (Bii) identifying each Person the general contractor and material subcontractors and suppliers that supplied materials or labor in connection with the Required Repairs performed at the such Individual Property to be funded by the requested disbursement under a contract in excess of $50,000disbursement, and (Ciii) stating that each such Person who has supplied materials or labor in connection with the Required Repairs to be funded by the requested disbursement has been paid in full or will be paid in full upon such disbursement, such certificate to be accompanied by lien waivers or other evidence of payment satisfactory to Lender, (ivd) at Lender’s option, a title search for the such Individual Property for which Required Repair Funds are being disbursed indicating that the such Individual Property is free from all liens, claims and other encumbrances not previously approved by Lender, (e) at Lender’s option, if the cost of the Required Repairs exceeds $500,000, Lender shall have received a report satisfactory to Lender in its reasonable discretion from an architect or engineer approved by Lender in respect of such architect or engineer’s inspection of the required repairs, and (vf) Lender shall have received such other evidence as Lender shall reasonably request that the Required Repairs at the Property to be funded by the requested disbursement have been completed and are paid for or will be paid upon such disbursement to Borrower. Lender shall not be required to make disbursements from the disburse Required Repair Account with respect to the Property Funds more frequently than once each calendar month and month, or with respect to any Individual Property unless such requested disbursement is in an amount greater than the Minimum Disbursement Amount (or a lesser amount if the total Required Repair Funds is less than the Minimum Disbursement Amount, in which case only one disbursement of the amount remaining in the account shall be made only upon satisfaction of each condition contained in this Section 7.1.2made).
Appears in 1 contract
Samples: Loan Agreement (Wells Real Estate Investment Trust Inc)
Release of Required Repair Funds. Lender shall disburse to Borrower the Required Repair Funds from the Required Repair Account from time to time upon satisfaction by Borrower of each of the following conditions: (i) Borrower shall submit a written request for payment to Lender at least fifteen (15) days prior to the date on which Borrower requests such payment be made and specifies the Required Repairs to be paid, (ii) on the date such request is received by Lender and on the date such payment is to be made, no Default or Event of Default shall exist and remain uncured, (iii) Lender shall have received a certificate from Borrower (A) stating that all Required Repairs at the Property to be funded by the requested disbursement have been completed in good and workmanlike manner and in accordance with all applicable federal, state and local laws, rules and regulations, such certificate to be accompanied by a copy of any license, permit or other approval by any Governmental Authority required to commence and/or complete the Required Repairs, (B) identifying each Person that supplied materials or labor in connection with the Required Repairs performed at the Property to be funded by the requested disbursement under a contract in excess of $50,000, and (C) stating that each Person who has supplied materials or labor in connection with the Required Repairs to be funded by the requested disbursement has been paid in full or will be paid in full upon such disbursement, such certificate to be accompanied by lien waivers or other evidence of payment satisfactory to Lender, (iv) at Lender’s option, a title search for the Property indicating that the Property is free from all liens, claims and other encumbrances not previously approved by Lender, and (v) Lender shall have received such other evidence as Lender shall reasonably request that the Required Repairs at the Property to be funded by the requested disbursement have been completed and are paid for or will be paid upon such disbursement to Borrower. Lender shall not be required to make disbursements from the Required Repair Account with respect to the Property more than once each calendar month and such disbursement shall be made only upon satisfaction of each condition contained in this Section 7.1.2.56
Appears in 1 contract
Samples: Loan Agreement (Inland Western Retail Real Estate Trust Inc)
Release of Required Repair Funds. Lender shall direct Agent to disburse to Borrower the Required Repair Funds from the Required Repair Account from time to time upon within five (5) business days after satisfaction by Borrower of each of the following conditions: :
(ia) Borrower shall submit a written request for payment to Lender at least fifteen ten (1510) days prior to the date on which Borrower requests such payment be made and specifies the Required Repairs to be paid, (iib) on the date such request is received by Lender and on the date such payment is to be made, no Default or Event of Default shall exist and remain uncured, (iiic) Lender shall have received a certificate from Borrower (Ai) stating that all Required Repairs at the Property to be funded by the requested disbursement have been completed in a good and workmanlike manner and in accordance with all applicable federal, state and local laws, rules and regulationsLegal Requirements, such certificate to be accompanied by a copy of any license, permit or other approval by any Governmental Authority required to commence and/or complete in connection with the Required Repairs, (Bii) identifying each Person that supplied materials or labor in connection with the Required Repairs performed at the Property to be funded by the requested disbursement under a contract in excess of $50,000, and (C) stating that each Person who has supplied materials or labor in connection with the Required Repairs to be funded by the requested disbursement disbursement, and (iii) stating that each such Person has been paid in full or will be paid in full upon such disbursement, such certificate to be accompanied by lien waivers or other evidence of payment satisfactory to Lender, (ivd) at Lender’s 's option, a title search for the Property indicating that the Property is free from all liens, claims and other encumbrances not previously approved by Lender, (e) at Lender's option, if the cost of the Required Repairs exceeds $75,000, Lender shall have received a report satisfactory to Lender in its reasonable discretion from an architect or engineer approved by Lender in respect of such architect or engineer's inspection of the required repairs, and (vf) Lender shall have received such other evidence as Lender shall reasonably request that the Required Repairs at the Property to be funded by the requested disbursement have been completed and are paid for or will be paid upon such disbursement to Borrower. Lender shall not be required to make disbursements from the disburse Required Repair Account with respect to the Property Funds more frequently than once each calendar month and month, unless such requested disbursement is in an amount greater than the Minimum Disbursement Amount (or a lesser amount if the total Required Repair Funds is less than the Minimum Disbursement Amount, in which case only one disbursement of the amount remaining in the account shall be made only upon satisfaction of each condition contained in this Section 7.1.2made).
Appears in 1 contract
Samples: Loan Agreement (Corporate Property Associates 16 Global Inc)
Release of Required Repair Funds. With respect to any item of Required Repairs which has been completed, Lender shall disburse disburse, or cause to be disbursed, to Borrower the Required Repair Funds from the Required Repair Account from time to time upon satisfaction by Borrower of each of the following conditions: :
(ia) Borrower shall submit a written request for payment to Lender at least fifteen ten (1510) days prior to the date on which Borrower requests such payment be made and specifies the Required Repairs to be paid, (iib) on the date such request is received by Lender and on the date such payment is to be made, no Default or Event of Default shall exist and remain uncured, (iiic) Lender shall have received a certificate from Borrower (Ai) stating that all Required Repairs at the Property to be funded by the requested disbursement have been completed in a good and workmanlike manner and in accordance with all applicable federal, state and local laws, rules and regulationsLegal Requirements, such certificate to be accompanied by a copy of any license, permit or other approval by any Governmental Authority Authority, if any, required to commence and/or complete in connection with the Required Repairs, (Bii) identifying each Person that supplied materials or labor in connection with the Required Repairs performed at the Property to be funded by the requested disbursement under a contract in excess of $50,000, and (C) stating that each Person who has supplied materials or labor in connection with the Required Repairs to be funded by the requested disbursement disbursement, and (iii) stating that each such Person has been paid in full or will be paid in full upon such disbursement, such certificate to be accompanied by lien waivers or other evidence of payment satisfactory to Lender, (ivd) at Lender’s option, a title search for the Property indicating that the Property is free from all liens, claims and other encumbrances not previously approved by Lender, (e) at Lender’s option, if the cost of the Required Repairs exceeds Twenty-Five Thousand and No/100 Dollars ($25,000.00), Lender shall have received a report satisfactory to Lender in its reasonable discretion from an architect or engineer approved by Lender in respect of such architect or engineer’s inspection of the required repairs, and (vf) Lender shall have received such other evidence as Lender shall reasonably request that the Required Repairs at the Property to be funded by the requested disbursement have been completed and are paid for or will be paid upon such disbursement to Borrower. Lender shall not be required to make disbursements from the disburse Required Repair Account with respect to the Property Funds more frequently than once each calendar month month, and such the requested disbursement must be at least in an amount equal to the Minimum Disbursement Amount (or a lesser amount if the total Required Repair Funds is less than the Minimum Disbursement Amount, in which case only one disbursement of the amount remaining in the account shall be made only upon satisfaction made). Lender shall have the right, but not the obligation, to make any of each condition contained the Required Repairs in this the event Borrower fails to perform same in accordance with Section 7.1.26.1.1.
Appears in 1 contract
Release of Required Repair Funds. (a) Lender shall direct Agent to disburse to Borrower the Required Repair Funds from the only for Required Repairs.
(b) Lender shall direct Agent to disburse Required Repair Account from time to time Funds upon satisfaction by Borrower of each of the following conditions: (i) Borrower shall submit a written request for payment to Lender at least fifteen ten (1510) days prior to the date on which Borrower requests such payment be made and specifies the Required Repairs to be paid, (ii) on the date such request is received by Lender and on the date such payment is to be made, no Default or Event of Default shall exist and remain uncured, (iii) Lender shall have received a certificate from Borrower (A) stating that the items to be funded by the requested disbursement are Required Repairs, (B) stating that all Required Repairs at the Property to be funded by the requested disbursement have been completed performed to date in a good and workmanlike manner and in accordance with all applicable federal, state and local laws, rules and regulationsLegal Requirements, such certificate to be accompanied by a copy of any license, permit or other approval required by any Governmental Authority required to commence and/or complete in connection with the Required Repairs, (BC) identifying each Person that supplied materials or labor in connection with the Required Repairs performed at the Property to be funded by the requested disbursement under a contract in excess of $50,000, and (C) stating that each Person who has supplied materials or labor in connection with the Required Repairs to be funded by the requested disbursement disbursement, and (D) stating that each such Person has been paid in full amounts then due or will be paid in full such amount upon such disbursement, such certificate to be accompanied by lien waivers or other evidence of payment reasonably satisfactory to Lender, (iv) at Lender’s option, a title search for the Individual Property at which such Required Repairs are being performed indicating that the such Individual Property is free from all liensLiens, claims and other encumbrances not previously approved by Lender, (v) at Lender’s option, if the cost of any individual Required Repair exceeds $750,000, Lender shall have received a report satisfactory to Lender in its reasonable discretion from an architect, engineer or consultant approved (which approval shall not be unreasonably withheld, conditioned or delayed) by Lender in respect of such architect’s, engineer’s or consultant’s inspection of the Required Repairs, and (vvi) Lender shall have received such other evidence as Lender shall reasonably request that the portion of the Required Repairs at the Property to be funded by the requested disbursement have been completed performed to date and are paid for or will be paid upon such disbursement to Borrower. Lender shall not be required to make disbursements from the disburse Required Repair Account with respect to the Property Funds more frequently than once each calendar month and month, unless such requested disbursement is in an amount greater than the Minimum Disbursement Amount (or a lesser amount if the total amount of Required Repair Funds is less than the Minimum Disbursement Amount, in which case only one disbursement of the amount remaining in the account shall be made only upon satisfaction of each condition contained made).
(c) Nothing in this Section 7.1.26.1.2 shall (i) make Lender responsible for performing or completing the Required Repairs; (ii) require Lender to expend funds in addition to the Required Repair Funds to complete any Required Repairs; (iii) obligate Lender to proceed with the Required Repairs; or (iv) obligate Lender to demand from Borrower additional sums to complete any Required Repairs.
Appears in 1 contract
Release of Required Repair Funds. (a) Lender shall disburse to Borrower the Required Repair Funds from the Required Repair Account from time to time time, but not more frequently than once in any thirty (30) day period, upon satisfaction by Borrower of each of the following conditionsconditions with respect to each disbursement: (i) Borrower shall submit a written request for payment to Lender at least fifteen (15) days prior to the date on which Borrower requests such payment be made and made, which request specifies the Required Repairs to be paid, (ii) on the date such request is received by Lender and on the date such payment is to be made, no Release Default or Event of Default shall exist and remain uncured, (iii) Lender shall have received a certificate from Borrower an Officer’s Certificate (A) stating that all Required Repairs at the Property to be funded by the requested disbursement have been completed in a good and workmanlike manner and in accordance with all applicable federal, state and local laws, rules and regulations, such certificate Officer’s Certificate to be accompanied by a copy of any license, permit or other approval by any Governmental Authority required to commence and/or complete the Required Repairs, (B) identifying each Person that supplied materials or labor in connection with the Required Repairs performed at the Property to be funded by the requested disbursement under a contract in excess of $50,000disbursement, and (C) stating that each such Person who has supplied materials or labor in connection with the Required Repairs to be funded by the requested disbursement has been paid in full or will be paid in full upon such disbursementdisbursement for work completed and/or materials furnished to date, and, if the request for disbursement exceeds $100,000 such certificate Officer’s Certificate to be accompanied by lien waivers or other evidence of payment satisfactory to LenderLender and the Title Company, (iv) at Lender’s option, Lender shall have received a title search for the Property indicating that the Property is free from all liens, claims and other encumbrances not previously approved by Lender, and (v) Lender shall have received such other evidence as Lender shall reasonably request that the Required Repairs at the Property to be funded by the requested disbursement have been completed and are paid for or will be paid upon such disbursement to Borrower. Lender shall not be required to make disbursements from the Required Repair Account with respect to unless such requested disbursement is in an amount greater than $5,000 (or a lesser amount if the Property more total amount in the Required Repair Account is less than once each calendar month $5,000, in which case only one disbursement of the amount remaining in the account shall be made) and such disbursement shall be made only upon satisfaction of each condition contained in this Section 7.1.2.
Appears in 1 contract
Release of Required Repair Funds. (a) Lender shall direct Agent to disburse to Borrower the Required Repair Funds from the only for Required Repairs.
(b) Lender shall direct Agent to disburse Required Repair Account from time to time Funds upon satisfaction by Borrower of each of the following conditions: (i) Borrower shall submit a written request for payment to Lender at least fifteen ten (1510) days prior to the date on which Borrower requests such payment be made and specifies the Required Repairs to be paid, (ii) on the date such request is received by Lender and on the date such payment is to be made, no Default or Event of Default shall exist and remain uncured, (iii) Lender shall have received a certificate from Borrower (A) stating that the items to be funded by the requested disbursement are Required Repairs, (B) stating that all Required Repairs at the Property to be funded by the requested disbursement have been completed performed to date in a good and workmanlike manner and in accordance with all applicable federal, state and local laws, rules and regulationsLegal Requirements, such certificate to be accompanied by a copy of any license, permit or other approval required by any Governmental Authority required to commence and/or complete in connection with the Required Repairs, (BC) identifying each Person that supplied materials or labor in connection with the Required Repairs performed at the Property to be funded by the requested disbursement under a contract in excess of $50,000, and (C) stating that each Person who has supplied materials or labor in connection with the Required Repairs to be funded by the requested disbursement disbursement, and (D) stating that each such Person has been paid in full amounts then due or will be paid in full such amount upon such disbursement, such certificate to be accompanied by lien waivers or other evidence of payment reasonably satisfactory to Lender, (iv) at Lender’s option, a title search for the Individual Property at which such Required Repairs are being performed indicating that the such Individual Property is free from all liensLiens, claims and other encumbrances not previously approved by Lender, (v) at Lender’s option, if the cost of any individual Required Repair exceeds $750,000, Lender shall have received a report satisfactory to Lender in its reasonable discretion from an architect, engineer or consultant approved (which approval shall not be unreasonably withheld, conditioned or delayed) by Lender in respect of such architect’s, engineer’s or consultant’s inspection of the Required Repairs, and (vvi) Lender shall have received such other evidence as Lender shall reasonably request that the portion of the Required Repairs at the Property to be funded by the requested disbursement have been completed performed to date and are paid for or will be paid upon such disbursement to Borrower. Lender shall not be required to disburse Required Repair Funds more frequently than once each calendar month, unless such requested disbursement is in an amount greater than the Minimum Disbursement Amount (or a lesser amount if the total amount of Required Repair Funds is less than the Minimum Disbursement Amount, in which case only one disbursement of the amount remaining in the account shall be made).
(c) Nothing in this Section 6.1.2, shall (i) make disbursements Lender responsible for performing or completing the Required Repairs; (ii) require Lender to expend funds in addition to the Required Repair Funds to complete any Required Repairs; (iii) obligate Lender to proceed with the Required Repairs; or (iv) obligate Lender to demand from Borrower additional sums to complete any Required Repairs.
(d) Borrower shall permit Lender and Lender’s agents and representatives (including, without limitation, Lender’s engineer, architect, inspector or consultant) or third parties to enter onto the Property during normal business hours (subject to the rights of Tenants under their Leases) to inspect the progress of any Required Repairs and all materials being used in connection therewith and to examine, if applicable, all plans and shop drawings relating to such Required Repairs. Prior to the occurrence of an Event of Default such entry and inspection shall be conducted in a manner that minimizes any interference with Borrower’s business or the use and enjoyment of the Property by Borrower, Borrower’s tenants and Borrower’s tenants’ customers and guests. Borrower shall cause all contractors and subcontractors to cooperate with Lender or Lender’s representatives or such other Persons described above in connection with inspections described in this Section 6.1.2(d).
(e) If a disbursement for any single Required Repair at an Individual Property will exceed $750,000, Lender may require an inspection of the Property at Borrower’s expense prior to making a disbursement of Required Repair Funds, and in connection therewith, such entry and inspection shall be conducted in a manner that minimizes any interference with Borrower’s business or the use and enjoyment of the Property by Borrower, Borrower’s tenants and Borrower’s tenants’ customers and guests. Lender may require that such inspection be conducted by an appropriate independent qualified professional selected by Lender and may require a certificate of completion by an independent qualified professional engineer, architect or consultant acceptable to Lender prior to the disbursement of such Required Repair Funds. Borrower shall pay the reasonable out-of-pocket expense of the inspection as required hereunder, whether such inspection is conducted by Lender or by an independent qualified professional engineer, architect or consultant.
(f) In the event Lender releases an Individual Property (or assigns the Mortgage encumbering such Individual Property) as a result of the exercise of Borrower’s rights under Section 2.4 or Section 2.5 hereof, Lender shall direct Agent, and Agent shall, promptly following the release of the Lien of the Mortgage (or the assignment of the Mortgage) with respect to such Individual Property, deliver, or cause the delivery, to Borrower from the Required Repair Account Funds an amount equal to the undisbursed portion of the Required Repair Funds deposited by Borrower with respect to the Property more than once each calendar month and Required Repairs to be performed on such disbursement shall be made only upon satisfaction of each condition contained in this Section 7.1.2Individual Property.
Appears in 1 contract
Release of Required Repair Funds. Lender shall disburse to Borrower Borrower, or to Operating Tenant, as directed by Borrower, the Required Repair Funds from the Required Repair Account from time to time upon satisfaction by Borrower of each of the following conditions: :
(ia) Borrower shall submit a written request for payment to Lender at least fifteen ten (1510) days prior to the date on which Borrower requests such payment be made and specifies specifying the Required Repairs to be paid, (iib) on the date such request is received by Lender and on the date such payment is to be made, no Default or Event of Default shall exist and remain uncured, (iiic) Lender shall have received a certificate from Borrower an Officers’ Certificate (Ai) stating that all Required Repairs at the applicable Individual Property to be funded by the requested disbursement have been completed in a good and workmanlike manner and and, to Borrower’s knowledge, in accordance with all applicable federal, state Legal Requirements and local laws, rules and regulations, such certificate to be accompanied by a copy of any license, permit or other approval by any Governmental Authority required to commence and/or complete the Required RepairsEnvironmental Laws, (Bii) identifying each Person that supplied materials or labor in connection with the Required Repairs performed at such Individual Property with respect to the Property reimbursement to be funded by the requested disbursement under a contract in excess of $50,000disbursement, and (Ciii) stating that each such Person who has supplied materials or labor in connection with the Required Repairs to be funded by the requested disbursement has been paid in full or will be paid in full upon such with respect to the portion of the Required Repairs which is the subject of the requested disbursement, such certificate Officers’ Certificate to be accompanied by lien waivers or other evidence of payment satisfactory to Lender, and (ivd) at Lender’s option, a title search for the such Individual Property indicating that the such Individual Property is free from all liensLiens, claims and other encumbrances not previously approved by Lender, and (v) Lender shall have received such other evidence as Lender shall reasonably request that the Required Repairs at the Property to be funded by the requested disbursement have been completed and are paid for or will be paid upon such disbursement to Borrower. Lender shall not be required to make disbursements from the Required Repair Account unless such requested disbursement is in an amount greater than $25,000 (or a lesser amount if the total amount in the Required Repair Account is less than $25,000, in which case only one disbursement of the amount remaining in the account shall be made). Upon the satisfaction of the foregoing requirements, Lender shall be obligated to make disbursements from the Required Repair Account with respect to an Individual Property in the amount allocated for such Individual Property more set forth on Schedule II hereof (even if the cost to complete such work is less than once each calendar month and the amount set forth in Schedule II hereof; provided that Lender shall not be obligated to make disbursements from the Required Repair Account with respect to an Individual Property in excess of the amount allocated for such disbursement shall be made only upon satisfaction of each condition contained in this Section 7.1.2Individual Property as set forth on Schedule II hereof.
Appears in 1 contract
Samples: Loan Agreement (Spirit Finance Corp)
Release of Required Repair Funds. Lender shall disburse to Borrower the Required Repair Funds from the Required Repair Account from time to time upon satisfaction by Borrower of each of the following conditions: :
(ia) Borrower shall submit a written request for payment to Lender at least fifteen (15) days prior to the date on which Borrower requests such payment be made and specifies the Required Repairs or PIP Requirements to be paid, (iib) on the date such request is received by Lender and on the date such payment is to be made, no Default or Event of Default shall exist and remain uncured, (iiic) Lender shall have received a certificate from Borrower an Officers’ Certificate (Ai) stating that all Required Repairs or PIP Requirements, as applicable, at the applicable Individual Property to be funded by the requested disbursement have been completed in good and workmanlike manner and and, in the case of PIP Requirements, in accordance with the related property improvement program pursuant to which such PIP Requirements are mandated, or, in the case of Required Repairs, in accordance with all applicable federal, state and local laws, rules and regulations, such certificate to be accompanied by a copy of any license, permit or other approval by any Governmental Authority required to commence and/or complete the Required Repairs, (Bii) identifying each Person that supplied materials or labor in connection with the Required Repairs or PIP Requirements, as applicable, performed at the such Individual Property to be funded by the requested disbursement under a contract in excess of $50,000disbursement, and (Ciii) stating that each such Person who has supplied materials or labor in connection with the Required Repairs to be funded by the requested disbursement has been paid in full or will be paid in full upon such disbursement, such certificate Officers’ Certificate to be accompanied by lien waivers or other evidence of payment satisfactory to Lender, (ivd) at Lender’s option, a title search for the such Individual Property indicating that the such Individual Property is free from all liens, claims and other encumbrances not previously approved by Lender, and (ve) Lender shall have received such other evidence as Lender shall reasonably request that the Required Repairs at the such Individual Property to be funded by the requested disbursement have been completed and are paid for or will be paid upon such disbursement to Borrower. Lender shall not be required to make disbursements from the Required Repair Account with respect to any Individual Property unless such requested disbursement is in an amount greater than Twenty-five Thousand Dollars ($25,000) (or a lesser amount if the Property more total amount in the Required Repair Account is less than once each calendar month Twenty-five Thousand Dollars ($25,000), in which case only one disbursement of the amount remaining in the account shall be made) and such disbursement shall be made only upon satisfaction of each condition contained in this Section 7.1.2.
Appears in 1 contract
Samples: Mezzanine Loan Agreement (Sunstone Hotel Investors, Inc.)
Release of Required Repair Funds. Lender shall disburse to Borrower the Required Repair Funds from the Required Repair Account from time to time upon satisfaction by Borrower of each of the following conditions: :
(ia) Borrower shall submit a written request for payment to Lender at least fifteen ten (1510) days prior to the date on which Borrower requests such payment be made and specifies the Required Repairs to be paid, (iib) on the date such request is received by Lender and on the date such payment is to be made, no Default or Event of Default shall exist and remain uncured, uncured and (iiic) Lender shall have received a certificate from Borrower an Officer’s Certificate (Ai) stating that all Required Repairs at the Property to be funded by the requested disbursement have been completed performed in good and workmanlike manner and in accordance with all applicable federal, state and local laws, rules and regulations, such certificate to be accompanied by a copy of any license, permit or other approval by any Governmental Authority required to commence and/or complete the Required Repairs, (Bii) identifying each Person that supplied materials or labor in connection with the Required Repairs performed at the Property to be funded by the requested disbursement under a contract in excess of $50,000, and (C) stating that each Person who has supplied materials or labor in connection with the Required Repairs to be funded by the requested disbursement disbursement, and (iii) stating that each such Person has been paid in full or will be paid the amounts then due and payable to such Person in full upon connection with the Required Repairs with the proceeds of such disbursement, such certificate Officer’s Certificate to be accompanied by lien waivers or other evidence of payment satisfactory to Lender, (iv) at Lender’s option, a title search for the Property indicating that the Property is free from all liens, claims and other encumbrances not previously approved by Lender, and (v) Lender shall have received such other evidence as Lender shall reasonably request that the Required Repairs at the Property to be funded by the requested disbursement have been completed and are paid for or will be paid upon such disbursement to Borrower. Lender shall not be required to make disbursements from the Required Repair Account with respect to the Property more unless such requested disbursement is in an amount greater than once each calendar month Twenty-Five Thousand and No/100 Dollars ($25,000.00) (or a lesser amount if the total amount in the Required Repair Account is less than $25,000.00), in which case only one disbursement of the amount remaining in the account shall be made) and such disbursement shall be made only upon satisfaction of each condition contained in this Section 7.1.2.
Appears in 1 contract
Release of Required Repair Funds. Lender shall disburse to Borrower (or to Property Manager on behalf of Borrower) the Required Repair Funds from the Required Repair Account from time to time upon satisfaction by Borrower of each of the following conditions: :
(i) Borrower shall submit a written request for payment to Lender at least fifteen (15) days prior to the date on which Borrower requests such payment be made and specifies the Required Repairs to be paid, (ii) on the date such request is received by Lender and on the date such payment is to be made, no Default or Event of Default shall exist and remain uncured, (iii) Lender shall have received a certificate from Borrower the
(A) stating that all Required Repairs at the Property to be funded by the requested disbursement have been completed in good and workmanlike manner and in accordance with all applicable federal, state and local laws, rules and regulations, such certificate to be accompanied by a copy of any license, permit or other approval by any Governmental Authority required to commence and/or complete the Required Repairs, (B) identifying each Person that supplied materials or labor in connection with the Required Repairs performed at the Property to be funded by the requested disbursement under a contract in excess of $50,000, and (C) stating that each Person who has supplied materials or labor in connection with the Required Repairs to be funded by the requested disbursement has been paid in full or will be paid in full upon such disbursement, such certificate to be accompanied by lien waivers or other evidence of payment satisfactory to Lender, (iv) at Lender’s 's option, a title search for the Property indicating that the Property is free from all liens, claims and other encumbrances not previously approved by Lender, and (v) Lender shall have received such other evidence as Lender shall reasonably request that the Required Repairs at the Property to be funded by the requested disbursement have been completed and are paid for or will be paid upon such disbursement to Borrower. Lender shall not be required to make disbursements from the Required Repair Account with respect to the Property more than once each calendar month and such disbursement shall be made only upon satisfaction of each condition contained in this Section 7.1.27.1.
Appears in 1 contract
Release of Required Repair Funds. Lender shall disburse to Borrower the Required Repair Funds from the Required Repair Account from time to time upon satisfaction by Borrower of each of the following conditions: :
(ia) Borrower shall submit a written request for payment to Lender at least fifteen (15) days prior to the date on which Borrower requests such payment be made and specifies the Required Repairs to be paid, (iib) on the date such request is received by Lender and on the date such payment is to be made, no Default or Event of Default shall exist and remain uncured, (iiic) Lender shall have received a certificate from Borrower an Officers' Certificate (Ai) stating that all Required Repairs at the Property to be funded by the requested disbursement have been completed in good and workmanlike manner and in accordance with all applicable federal, state and local laws, rules and regulations, such certificate to be accompanied by a copy of any license, permit or other approval by any Governmental Authority required to commence and/or complete the Required Repairs, (Bii) identifying each Person that supplied materials or labor in connection with the Required Repairs performed at the Property to be funded by the requested disbursement under a contract in excess of $50,000, and (C) stating that each Person who has supplied materials or labor in connection with the Required Repairs to be funded by the requested disbursement disbursement, and (iii) stating that each such Person has been paid in full or will be paid in full upon such disbursement, such certificate Officers' Certificate to be accompanied by lien waivers or other evidence of payment satisfactory to Lender, (ivd) at Lender’s 's option, a title search for the Property indicating that the Property is free from all liens, claims and other encumbrances not other than Permitted Encumbrances and those previously approved by Lender, and (ve) Lender shall have received such other evidence as Lender shall reasonably request that the Required Repairs at the Property to be funded by the requested disbursement have been completed and are paid for or will be paid upon such disbursement to Borrower. Lender shall not be required to make disbursements from the Required Repair Account with respect to the Property more unless such requested disbursement is in an amount greater than once each calendar month Twenty-five Thousand and 00/100 Dollars ($25,000.00) (or a lesser amount if the total amount in the Required Repair Account is less than Twenty-five Thousand and 00/100 Dollars ($25,000.00), in which case only one disbursement of the amount remaining in the account shall be made) and such disbursement shall be made only upon satisfaction of each condition contained in this Section 7.1.27.1.
Appears in 1 contract
Release of Required Repair Funds. Lender shall disburse to Borrower the Required Repair Funds from the Required Repair Account from time to time upon satisfaction by Borrower of each of the following conditions: :
(ia) Borrower shall submit a written request for payment to Lender at least fifteen (15) days prior to the date on which Borrower requests such payment be made and specifies the Required Repairs to be paid, (iib) on the date such request is received by Lender and on the date such payment is to be made, no Default or Event of Default shall exist and remain uncured, (iiic) Lender shall have received a certificate from Borrower an Officer’s Certificate (Ai) stating that all Required Repairs at the applicable Individual Property to be funded by the requested disbursement have been completed in good and workmanlike manner and in accordance with all applicable federal, state and local laws, rules and regulations, such certificate to be accompanied by a copy of any each license, permit or other approval by any Governmental Authority required to commence and/or complete the Required RepairsRepairs (or a statement that none are required), (Bii) identifying each Person that supplied materials or labor in connection with the Required Repairs performed at the such Individual Property to be funded by the requested disbursement under a contract in excess of $50,000, and (Ciii) stating that each such Person who has supplied materials or labor in connection with the Required Repairs to be funded by the requested disbursement has been paid in full or will be paid in full upon such disbursement, such certificate (d) Borrower shall provide to be accompanied by lien waivers Lender a copy of an invoice (and if applicable, a check or other evidence of payment satisfactory payment) demonstrating that each Person that is not an Affiliate who has supplied materials or labor in connection with the Required Repairs to Lender, (iv) at Lender’s option, a title search for be funded by the Property indicating that the Property is free from all liens, claims and other encumbrances not previously approved by Lenderrequested disbursement has been paid in full or will be paid in full upon such disbursement, and (ve) Lender shall have received such other photographic evidence as Lender shall reasonably request that the Required Repairs at the such Individual Property to be funded by the requested disbursement have been completed and are paid for or will be paid upon such disbursement to Borrower. Lender shall not be required to make disbursements from the Required Repair Account with respect to the Property more than once each calendar month and such disbursement shall be made only upon satisfaction of each condition contained in this Section 7.1.2.such
Appears in 1 contract
Samples: Loan Agreement (Inland Diversified Real Estate Trust, Inc.)
Release of Required Repair Funds. (a) Lender shall disburse to Borrower the Required Repair Funds from the Required Repair Account from time to time time, but not more frequently than once in any thirty (30) day period, upon satisfaction by Borrower of each of the following conditions: conditions with respect to each disbursement:
(i) Borrower shall submit a written request for payment to Lender (with a copy to the Title Company) at least fifteen thirty (1530) days prior to the date on which Borrower requests such payment be made and made, which request specifies the Required Repairs to be paid, (ii) on the date such request is received by Lender and on the date such payment is to be made, no Default or Event of Default shall exist and remain uncured, (iii) Lender and the Title Company shall have received a certificate from Borrower an Officer’s Certificate (A) stating that all Required Repairs at the Property to be funded by the requested disbursement have been completed in a good and workmanlike manner and in accordance with all applicable federal, state and local laws, rules and regulations, such certificate Officer’s Certificate to be accompanied by a copy of any license, permit or other approval by any Governmental Authority required to commence and/or complete the Required Repairs, (B) identifying each Person that supplied materials or labor in connection with the Required Repairs performed at the Property to be funded by the requested disbursement under a contract in excess of $50,000disbursement, and (C) stating that each such Person who has supplied materials or labor in connection with the Required Repairs to be funded by the requested disbursement has been paid in full or will be paid in full upon such disbursementdisbursement for work completed and/or materials furnished to date, such certificate Officer’s Certificate to be accompanied by lien waivers or other evidence of payment satisfactory to Lender, (iv) at Lender’s option, a title search for Lender and the Property indicating that the Property is free from all liens, claims and other encumbrances not previously approved by LenderTitle Company, and (viv) Lender shall have received such other evidence as Lender shall reasonably request that the Required Repairs at the Property to be funded by the requested disbursement have been completed and are paid for or will be paid upon such disbursement to Borrower. Lender shall not be required to make disbursements from the Required Repair Account with respect to unless such requested disbursement is in an amount greater than $5,000 (or a lesser amount if the Property more total amount in the Required Repair Account is less than once each calendar month $5,000, in which case only one disbursement of the amount remaining in the account shall be made) and such disbursement shall be made only upon satisfaction of each condition contained in this Section 7.1.2.
(b) Nothing in this Section 7.1.2 shall (i) make Lender responsible for performing or completing any Required Repairs; (ii) require Lender to expend funds in addition to the Required Repairs Funds to complete any Required Repairs; (iii) obligate Lender to proceed with any Required Repairs; or (iv) obligate Lender to demand from Borrower additional sums to complete any Required Repairs.
(c) Borrower shall permit Lender and Lender’s agents and representatives (including Lender’s engineer, architect or inspector) or third parties to enter onto the Property during normal business hours (subject to the rights of tenants under their Leases) to inspect the progress of any Required Repairs and all materials being used in connection therewith and to examine all plans and shop drawings relating to such Required Repairs. Borrower shall cause all contractors and subcontractors to cooperate with Lender or Lender’s representatives or such other Persons described above in connection with inspections described in this Section 7.1.2(c).
(d) If a disbursement will exceed $25,000.00, Lender may require an inspection of the Property at Borrower’s expense prior to making a disbursement of Required Repairs Funds in order to verify completion of the Required Repairs for which reimbursement is sought. Lender may require that such inspection be conducted by an appropriate independent qualified professional selected by Lender and may require a certificate of completion by an independent qualified professional architect acceptable to Lender prior to the disbursement of Required Repairs Funds. Borrower shall pay the expense of the inspection as required hereunder, whether such inspection is conducted by Lender or by an independent qualified professional architect.
(e) In addition to any insurance required under the Loan Documents, Borrower shall provide or cause to be provided worker’s compensation insurance, builder’s risk, and public liability insurance and other insurance to the extent required under applicable law in connection with the Required Repairs. All such policies shall be in form and amount reasonably satisfactory to Lender.
Appears in 1 contract
Samples: Loan Agreement (Eagle Hospitality Properties Trust, Inc.)
Release of Required Repair Funds. Lender shall disburse to Borrower the Required Repair Funds from the Required Repair Account from time to time upon satisfaction by Borrower of each of the following conditions: (ia) Borrower shall submit a written request for payment to Lender at least fifteen thirty (1530) days prior to the date on which Borrower requests such payment be made and specifies the Required Repairs to be paid, (iib) on the date such request is received by Lender and on the date such payment is to be made, no Default or Event of Default shall exist and remain uncured, (iiic) Lender shall have received a certificate from Borrower an Officers’ Certificate (Ai) stating that all Required Repairs at the Property to be funded by the requested disbursement have been completed in good and workmanlike manner and in accordance with all applicable federal, state and local laws, rules and regulations, such certificate to be accompanied by a copy of any license, permit or other approval by any Governmental Authority required to commence and/or complete the Required Repairs, (Bii) identifying each Person that supplied materials or labor in connection with the Required Repairs performed at the Property to be funded by the requested disbursement under a contract in excess of $50,000, and (C) stating that each Person who has supplied materials or labor in connection with the Required Repairs to be funded by the requested disbursement disbursement, and (iii) stating that each such Person has been paid in full or will be paid in full upon such disbursement, such certificate Officers’ Certificate to be accompanied by lien waivers or other evidence of payment satisfactory to Lender, (ivd) at Lender’s option, a title search for the Property indicating that the Property is free from all liens, claims and other encumbrances not previously approved by Lender, and (ve) Lender shall have received such other evidence as Lender shall reasonably request that the Required Repairs at the Property to be funded by the requested disbursement have been completed and are paid for or will be paid upon such disbursement to Borrower. Lender shall not be required to make disbursements from the Required Repair Account with respect to the Property more than once each calendar month and such disbursement shall be made only upon satisfaction of each condition contained in this Section 7.1.2.paid
Appears in 1 contract
Release of Required Repair Funds. Lender shall disburse to Borrower the Required Repair Funds from the Required Repair Account from time to time upon satisfaction by Borrower of each of the following conditions: :
(ia) Borrower shall submit a written request for payment to Lender at least fifteen (15) days prior to the date on which Borrower requests such payment be made and specifies the Required Repairs to be paid, (iib) on the date such request is received by Lender and on the date such payment is to be made, no Default or Event of Default shall exist and remain uncured, (iiic) Lender shall have received a certificate from Borrower an Officer's Certificate (Ai) stating that all Required Repairs at the Property to be funded by the requested disbursement have been completed in good and workmanlike manner and and, to the best of Borrower's knowledge, in accordance with all applicable federal, state Legal Requirements and local laws, rules and regulationsEnvironmental Laws, such certificate to be accompanied by a copy of any license, permit or other approval by any Governmental Authority required to commence and/or complete the Required Repairs, (Bii) identifying each Person that supplied materials or labor in connection with the Required Repairs performed at the Property with respect to the reimbursement to be funded by the requested disbursement under a contract in excess of $50,000disbursement, and (Ciii) stating that each such Person who has supplied materials or labor in connection with the Required Repairs to be funded by the requested disbursement has been paid in full or will be paid in full upon such disbursement, such certificate Officer's Certificate to be accompanied by lien waivers or other evidence of payment satisfactory to Lender, (ivd) at Lender’s 's option, a title search for the Property indicating that the Property is free from all liensLiens, claims and other encumbrances not previously approved by Lender, and (ve) Lender shall have received such other evidence as Lender shall reasonably request that the Required Repairs at the Property to be funded by the requested disbursement have been completed and are paid for or will be paid upon such disbursement to Borrower. Lender shall not be required to make disbursements from the Required Repair Account with respect to unless such requested disbursement is in an amount greater than $25,000 (or a lesser amount if the Property more total amount in the Required Repair Account is less than once each calendar month and such $25,000, in which case only one disbursement of the amount remaining in the account shall be made only upon satisfaction made). Lender shall not be obligated to make disbursements from the Required Repair Account in excess of each condition contained the amount deposited by Borrower. Upon Lender's receipt of evidence of completion of all Required Repairs in this Section 7.1.2accordance with the terms hereof, any remaining Required Repair Funds shall be disbursed to Borrower.
Appears in 1 contract
Release of Required Repair Funds. Lender shall disburse to Borrower the Required Repair Funds from the Required Repair Account from time to time upon satisfaction by Borrower of each of the following conditions: (ia) Borrower shall submit a written request for payment to Lender at least fifteen thirty (1530) days prior to the date on which Borrower requests such payment be made and specifies the Required Repairs to be paid, (iib) on the date such request is received by Lender and on the date such payment is to be made, no Default or Event of Default shall exist and remain uncured, (iiic) Lender shall have received a certificate from Borrower an Officers’ Certificate (Ai) stating that all Required Repairs at the Property to be funded by the requested disbursement have been completed in good and workmanlike manner and in accordance with all applicable federal, state and local laws, rules and regulations, such certificate to be accompanied by a copy of any license, permit or other approval by any Governmental Authority required to commence and/or complete the Required Repairs, (Bii) identifying each Person that supplied materials or labor in connection with the Required Repairs performed at the Property to be funded by the requested disbursement under a contract in excess of $50,000, and (C) stating that each Person who has supplied materials or labor in connection with the Required Repairs to be funded by the requested disbursement disbursement, and (iii) stating that each such Person has been paid in full or will be paid in full upon such disbursement, such certificate Officers’ Certificate to be accompanied by lien waivers or other evidence of payment satisfactory to Lender, (ivd) at Lender’s option, a title search for the applicable Property indicating that the such Property is free from all liens, claims and other encumbrances not previously approved by Lender, and (ve) Lender shall have received such other evidence as Lender shall reasonably request that the Required Repairs at the Property to be funded by the requested disbursement have been completed and are paid for or will be paid upon such disbursement to Borrower. Lender shall not be required to make disbursements from the Required Repair Account with respect to the such Property (i) more than once each calendar a month and (ii) unless such requested disbursement is in an amount greater than $25,000.00 (or a lesser amount if the total amount in the Required Repair Account is less than $25,000.00), in which case only one disbursement of the amount remaining in the account shall be made) and such disbursement shall be made only upon satisfaction of each condition contained in this Section 7.1.27.1.
Appears in 1 contract
Samples: Loan Agreement (Amerco /Nv/)
Release of Required Repair Funds. Lender shall disburse to Borrower the Required Repair Funds from the Required Repair Account from time to time upon satisfaction by Borrower of each of the following conditions: :
(i) Borrower shall submit a written request for payment to Lender at least fifteen thirty (1530) days prior to the date on which Borrower requests such payment be made and specifies the Required Repairs to be paid, (ii) on the date such request is received by Lender and on the date such payment is to be made, no Default or Event of Default shall exist and remain uncured, (iii) Lender shall have received a certificate from Borrower (A) stating that all Required Repairs at the Property to be funded by the requested disbursement have been completed in a good and workmanlike manner and in accordance with all applicable federal, state and local laws, rules and regulations, such certificate to be accompanied by a copy of any license, permit or other approval by any Governmental Authority required to commence and/or complete the Required Repairs, (B) identifying each Person that supplied materials or labor in connection with the Required Repairs performed at the Property to be funded by the requested disbursement under a contract in excess of $50,000disbursement, and (C) stating that each such Person who has supplied materials or labor in connection with the Required Repairs to be funded by the requested disbursement has been paid in full or will be paid in full upon such disbursement, such certificate to be accompanied by lien waivers or other evidence of payment satisfactory to Lender, (iv) at Lender’s 's option, a title search for the Property indicating that the Property is free from all liens, claims and other encumbrances not previously approved by Lender, and (v) Lender shall have received such other evidence as Lender shall reasonably request that the Required Repairs at the Property to be funded by the requested disbursement have been completed and are paid for or will be paid upon such disbursement to Borrower. Lender shall not be required to make disbursements from the Required Repair Account with respect to unless such requested disbursement is in an amount greater than $10,000 (or a lesser amount if the Property more total amount in the Required Repair Account is less than once each calendar month $10,000, in which case only one disbursement of the amount remaining in the account shall be made) and such disbursement shall be made only upon satisfaction of each condition contained in this Section 7.1.27.1.
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Release of Required Repair Funds. (a) With respect to any Required Repair which has been completed, Lender shall disburse to Borrower the Required Repair Funds from the Required Repair Account from time to time upon satisfaction by Borrower of each of the following conditions: (i) Borrower shall submit a written request for payment to Lender at least fifteen thirty (1530) days prior to the date on which Borrower requests such payment be made and specifies the Required Repairs to be paid, (ii) on the date such request is received by Lender and on the date such payment is to be made, no Default or Event of Default shall exist have occurred and remain uncuredoutstanding, (iii) Lender shall have received a certificate from Borrower an Officer’s Certificate (A) stating that all Required Repairs at the Property to be funded by the requested disbursement have been completed in a good and workmanlike manner and in accordance with all applicable federal, state and local laws, rules and regulationsLegal Requirements, such certificate to be accompanied by a copy of any license, permit or other approval required by any Governmental Authority required to commence and/or complete the in connection with such Required Repairs, (B) identifying each Person that supplied materials or labor in connection with the Required Repairs performed at the Property to be funded by the requested disbursement under a contract in excess of $50,000disbursement, and (C) stating that each such Person who has supplied materials or labor in connection with the Required Repairs to be funded by the requested disbursement has been paid in full or will be paid in full upon such disbursement, such certificate to be accompanied by lien waivers or other evidence of payment satisfactory to Lender, and (D) stating that the Required Repairs to be funded by the requested disbursement have not been the subject of a previous disbursement, (iv) at Lender’s option, a title search for the Property indicating that the Property is free from all liens, claims and other encumbrances not previously approved by Lender, and (v) Lender shall have received such other evidence as Lender shall reasonably request that the Required Repairs at the Property to be funded by the requested disbursement have been completed and are paid for or will be paid for in full upon such disbursement to Borrower. Lender shall not be required to make disbursements from disburse Required Repair Funds more frequently than once each calendar month, and each disbursement of Required Repair Funds must be in an amount not less than the Minimum Disbursement Amount (or a lesser amount if the total remaining balance of Required Repair Funds is less than the Minimum Disbursement Amount, in which case only one disbursement of the amount remaining in the Required Repair Account with respect to the Property more than once each calendar month and such disbursement shall be made only upon satisfaction of each condition contained made).
(b) Nothing in this Section 7.1.26.1 shall (i) make Lender responsible for making or completing any Required Repairs; (ii) obligate Lender to commence or proceed with any Required Repairs; (iii) require Lender to expend funds in addition to the Required Repair Funds to complete any Required Repairs; or (iv) obligate Lender to demand from Borrower additional sums to perform or complete any Required Repairs.
(c) If a disbursement of Required Repair Funds will exceed Twenty Five Thousand and No/100 Dollars ($25,000), Lender may require an inspection of the Property prior to such disbursement in order to verify completion of the Required Repairs for which reimbursement is sought. Lender may require that such inspection be conducted by an independent professional selected by Lender and may require a certificate of completion by an independent professional acceptable to Lender prior to such disbursement of Required Repair Funds.
(d) Borrower shall permit Lender and its agents and representatives (including, without limitation, Lender’s engineer or architect) or third parties to enter onto the Property during normal business hours (subject to the rights of Tenants under their Leases) to inspect the progress of any Required Repairs and all materials being used in connection therewith and to examine all plans, specifications and shop drawings relating to such Required Repairs. Borrower shall cause all contractors, subcontractors and materialmen to cooperate with Lender and its agents and representatives or such other Persons described above in connection with the inspections, if any, required by Lender in accordance with this Section 6.1.2.
(e) All Required Repairs and all materials, equipment, fixtures, or any other item comprising a part of any Required Repair shall be constructed, installed or completed, as applicable, free and clear of all liens, claims and other encumbrances not previously approved by Lender.
(f) All Required Repairs shall comply with all applicable Legal Requirements of all Governmental Authorities having jurisdiction over the Property and all applicable insurance requirements (including, without limitation, applicable building codes, special use permits, environmental regulations, and requirements of insurance underwriters).
(g) In addition to any insurance required under the Loan Documents, Borrower shall provide or cause to be provided builder’s risk insurance, workers’ compensation insurance, public liability insurance and other insurance to the extent required by the applicable Legal Requirements in connection with any Required Repair. All such policies shall be in form and amount reasonably satisfactory to Lender. All such policies which can be endorsed with a non-contributing mortgagee clause (or its equivalent) making loss thereunder payable to Lender and its successors and/or assigns shall be so endorsed. At Lender’s request, certified copies of such policies shall be delivered to Lender.
(h) All costs and expenses incurred by Lender in connection with holding and disbursing the Required Repair Funds (including, without limitation, the costs and expenses of the inspections, if any, required hereunder) shall be paid by Borrower.
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Release of Required Repair Funds. Lender shall disburse to Borrower the Required Repair Funds from the Required Repair Account from time to time upon satisfaction by Borrower of each of the following conditions: (ia) Borrower shall submit a written request for payment to Lender at least fifteen thirty (1530) days prior to the date on which Borrower requests such payment be made and specifies the Required Repairs to be paid, (iib) on the date such request is received by Lender and on the date such payment is to be made, no Default or Event of Default shall exist and remain uncured, (iiic) Lender shall have received a certificate from Borrower an Officers’ Certificate (Ai) stating that all Required Repairs at the Property to be funded by the requested disbursement have been completed in good and workmanlike manner and in accordance with all applicable federal, state and local laws, rules and regulations, such certificate to be accompanied by a copy of any license, permit or other approval by any Governmental Authority required to commence and/or complete the Required Repairs, (Bii) identifying each Person that supplied materials or labor in connection with the Required Repairs performed at the Property to be funded by the requested disbursement under a contract in excess of $50,000, and (C) stating that each Person who has supplied materials or labor in connection with the Required Repairs to be funded by the requested disbursement disbursement, and (iii) stating that each such Person has been paid in full or will be paid in full upon such disbursement, such certificate Officers’ Certificate to be accompanied by lien waivers or other evidence of payment satisfactory to Lender, (ivd) at Lender’s option, a title search for the applicable Individual Property indicating that the applicable Individual Property is free from all liens, claims and other encumbrances not previously approved by Lender, and (ve) Lender shall have received such other evidence as Lender shall reasonably request that the Required Repairs at the Property to be funded by the requested disbursement have been completed and are paid for or will be paid upon such disbursement to Borrower. Lender shall not be required to make disbursements from the Required Repair Account with respect to the Property more than once each calendar month and such disbursement shall be made only upon satisfaction of each condition contained in this Section 7.1.2.requested
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Release of Required Repair Funds. Lender shall disburse to Borrower the Required Repair Funds from the Required Repair Account from time to time as Borrower incurs costs in making Required Repairs, but not more frequently than once in any thirty (30) day period, upon satisfaction by Borrower of each of the following conditions: (ia) Borrower shall submit a written request for payment to Lender at least fifteen thirty (1530) days prior to the date on which Borrower requests such payment be made and specifies the Required Repairs to be paid, (iib) on the date such request is received by Lender and on the date such payment is to be made, no Default or Event of Default shall exist and remain uncured, (iiic) Lender shall have received a certificate from Borrower an Officer’s Certificate (Ai) stating that all Required Repairs at the Property to be funded by the requested disbursement have been completed in good and workmanlike manner and in accordance with all applicable federal, state and local laws, rules and regulations, such certificate Officer’s Certificate to be accompanied by a copy of any license, permit or other approval by any Governmental Authority required to commence and/or complete the Required Repairs, (Bii) identifying each Person that supplied materials or labor in connection with the Required Repairs performed at the Property to be funded by the requested disbursement under a contract in excess of $50,000, and (C) stating that each Person who has supplied materials or labor in connection with the Required Repairs to be funded by the requested disbursement disbursement, and (iii) stating that each such Person has been paid in full or will be paid in full upon such disbursement, such certificate Officer’s Certificate to be accompanied by lien waivers or other evidence of payment satisfactory to Lender, (ivd) at Lender’s option, a title search for the Property indicating that the Property is free from all liens, claims and other encumbrances not previously approved by Lender, and (ve) Lender shall have received such other evidence as Lender shall reasonably request that the Required Repairs at the Property to be funded by the requested disbursement have been completed and are paid for or will be paid upon such disbursement to Borrower. Lender shall not be required to make disbursements from the Required Repair Account with respect to Fund unless such requested disbursement is in an amount greater than $5,000 (or a lesser amount if the Property more total amount in the Required Repair Fund is less than once each calendar month $5,000, in which case only one disbursement of the amount remaining in the account shall be made) and such disbursement shall be made only upon satisfaction of each condition contained in this Section 7.1.2. So long as Borrower is not in Default, once all Required Repairs have been completed to Lender’s satisfaction, upon written request from Borrower, Lender shall disburse any remaining Required Repair Funds to Borrower.
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