Common use of Responsible Officer Certificate Clause in Contracts

Responsible Officer Certificate. Lender must receive a certificate, signed by a Responsible Officer of Borrower (and, at Lender’s option, also signed by Borrower’s project architect or engineer if the cost of a single Reserve Item or the aggregate amount of the Disbursement Request exceeds $500,000), which certifies that: (i) All information stated in the Disbursement Request is true and correct in all material respects, each attachment to the Disbursement Request is correct and complete, and if the attachment is a copy of the original, that it is a true and an accurate reproduction of the original; (ii) Each of the Reserve Items to be funded in connection with the Disbursement Request was performed in a good and workmanlike manner and in accordance with all Requirements of Law and has been or will be paid in full by Borrower; (iii) Subject to Section 5.03, each party that supplied materials, labor or services has been or will be paid in full (for the portion for which disbursement is sought in the case of disbursements authorized in accordance with Section 5.01(b) hereof); and (iv) In the case of disbursements authorized in accordance with Section 5.01(b) hereof, the materials for which the request are made are on-site at the Property and properly secured or have been installed in the Property.

Appears in 2 contracts

Samples: Mezzanine Loan Agreement (CNL Hotels & Resorts, Inc.), Loan Agreement (CNL Hotels & Resorts, Inc.)

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Responsible Officer Certificate. Lender must receive a certificate, signed by a Responsible Officer of Borrower (and, at Lender’s 's option, also signed by Borrower’s 's project architect or engineer if (i) Borrower has engaged an architect or engineer or (ii) the cost of disbursement requested is for a single Reserve Item or the aggregate amount of the Disbursement Request exceeds $500,000work which is structural in nature), which certifies that: (i) All information stated in the Disbursement Request is true and correct in all material respects, each attachment to the Disbursement Request is correct and completecomplete in all material respects, and if the attachment is a copy of the original, that it is a true and an accurate reproduction of the original; (ii) Each of the Reserve Items to be funded in connection with the Disbursement Request was performed in a good and workmanlike manner and in accordance with all Requirements of Law and has been or will be paid in full by Borrower; (iii) Subject to Section 5.03, each party that supplied materials, labor or services has been or will be paid in full (for the portion for which disbursement is sought in the case of disbursements authorized in accordance with Section 5.01(b) hereof); and (iv) In the case of disbursements authorized in accordance with Section 5.01(b) hereof, the materials for which the request are made are on-site at the Property and properly secured or have been installed in the Property.

Appears in 2 contracts

Samples: Loan Agreement (Macquarie Infrastructure CO LLC), Loan Agreement (Macquarie Infrastructure Assets Trust)

Responsible Officer Certificate. Lender must receive a certificate, signed by a Responsible Officer of Borrower (and, at Lender’s option, also signed by Borrower’s project architect or engineer if (i) Borrower has engaged an architect or engineer or (ii) the cost of disbursement requested is for a single Reserve Item or the aggregate amount of the Disbursement Request exceeds $500,000work which is structural in nature), which certifies that: (i) All information stated in the Disbursement Request is true and correct in all material respects, each attachment to the Disbursement Request is correct and completecomplete in all material respects, and if the attachment is a copy of the original, that it is a true and an accurate reproduction of the original; (ii) Each of the Reserve Items to be funded in connection with the Disbursement Request was performed in a good and workmanlike manner and in accordance with all Requirements of Law and has been or will be paid in full by Borrower; (iii) Subject to Section 5.03, each party that supplied materials, labor or services has been or will be paid in full (for the portion for which disbursement is sought in the case of disbursements authorized in accordance with Section 5.01(b) hereof); and (iv) In the case of disbursements authorized in accordance with Section 5.01(b) hereof, the materials for which the request are made are on-site at the Property and properly secured or have been installed in the Property.

Appears in 1 contract

Samples: Loan Agreement (Macquarie Infrastructure CO LLC)

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Responsible Officer Certificate. Lender must receive a certificate, signed by a Responsible Officer of Borrower (and, at Lender’s 's option, also signed by Borrower’s 's project architect or engineer if the cost of a single Reserve Item or the aggregate amount of the Disbursement Request exceeds $500,00025,000), which certifies that: (i) All information stated in the Disbursement Request is true and correct in all material respects, each attachment to the Disbursement Request is correct and complete, and if the attachment is a copy of the original, that it is a true and an accurate reproduction of the original; (ii) Each of the Reserve Items to be funded in connection with the Disbursement Request was performed in a good and workmanlike manner and in accordance with all Requirements of Law Law, and except as otherwise provided herein, has been or will be paid in full by Borrower; (iii) [Intentionally Deleted] (iv) Subject to Section 5.03, each party that supplied materials, labor or services has been or will be paid in full (for the portion for which disbursement is sought in the case of disbursements authorized in accordance with Section 5.01(b) hereof); and (ivv) In the case of disbursements for materials authorized in accordance with Section 5.01(b) hereof, the materials for which the request are made are on-site at the Property and properly secured or have been installed in the Property.

Appears in 1 contract

Samples: Loan Agreement (Capital Senior Living Corp)

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