Technical Specifications The Technical Specifications furnished on the CD are intended to establish the standards for quality, performance and technical requirements for all labor, workmanship, material, methods and equipment necessary to complete the Work. When specifications and drawings are provided or referenced by the County, these are to be considered part of the Scope of Work, and to be specifically documented in the Detailed Scope of Work. For convenience, the County supplied specifications, if any, and the Technical Specifications furnished on the CD.
LIST OF EXHIBITS List below all exhibits filed as part of this Statement of Eligibility and Qualification.
LIST OF SCHEDULES AND EXHIBITS SCHEDULES SCHEDULE 1.1(A) - PRICING GRID SCHEDULE 1.1(B) - COMMITMENTS OF LENDERS AND ADDRESSES FOR NOTICES SCHEDULE 1.1(P) - PERMITTED LIENS SCHEDULE 2.9.1 - EXISTING LETTERS OF CREDIT SCHEDULE 5.1.3 - SUBSIDIARIES SCHEDULE 5.1.13 - CONSENTS AND APPROVALS SCHEDULE 5.1.15 - PATENTS TRADEMARKS AND COPYRIGHTS SCHEDULE 5.1.24 - ENVIRONMENTAL MATTERS SCHEDULE 7.1.3 - INSURANCE REQUIREMENTS SCHEDULE 7.1.13 - REAL PROPERTY TO BE MORTGAGED POST CLOSING SCHEDULE 7.2.1 - PERMITTED INDEBTEDNESS EXHIBITS EXHIBIT 1.1(A) - ASSIGNMENT AND ASSUMPTION AGREEMENT EXHIBIT 1.1(G)(1) - GUARANTOR JOINDER EXHIBIT 1.1(G)(2) - GUARANTY AGREEMENT EXHIBIT 1.1(G)(3) - PARENT GUARANTY AGREEMENT EXHIBIT 1.1(I)(1) - INDEMNITY EXHIBIT 1.1(I)(2) - INTERCOMPANY SUBORDINATION AGREEMENT EXHIBIT 1.1(M) - MORTGAGE AGREEMENT EXHIBIT1.1(P)(2) - PLEDGE AGREEMENT EXHIBIT 1.1(R) - NOTE EXHIBIT 1.1(S)(1) - SECURITY AGREEMENT EXHIBIT 1.1(S)(2) - SWING LOAN NOTE EXHIBIT 2.4 - SWING LOAN REQUEST EXHIBIT 2.5 - LOAN REQUEST EXHIBIT 2.10(A) - COMMITMENT INCREASE AGREEMENT EXHIBIT 2.10(B) - LENDER JOINDER AND ASSUMPTION AGREEMENT EXHIBIT 6.1.4(A) - OPINION OF COUNSEL EXHIBIT 6.1.4(B) - OPINION OF IN-HOUSE COUNSEL EXHIBIT 7.2.6 - ACQUISITION COMPLIANCE CERTIFICATE EXHIBIT 7.3.3 - QUARTERLY COMPLIANCE CERTIFICATE AMENDED AND RESTATED CREDIT AGREEMENT THIS AMENDED AND RESTATED CREDIT AGREEMENT is dated as of August 5, 2008 and is made by and among PVR XXXXX LLC, a Delaware limited liability company (the “Borrower”), EACH OF THE GUARANTORS (as hereinafter defined), the LENDERS (as hereinafter defined), and BANK OF AMERICA, NA, BNP PARIBAS and WACHOVIA BANK, NATIONAL ASSOCIATION, each in its capacity as a documentation agent, BRANCH BANKING AND TRUST COMPANY, SOCIÉTÉ GÉNÉRALE and UNION BANK OF CALIFORNIA, N.A., each in its capacity as a senior managing agent, and PNC BANK, NATIONAL ASSOCIATION, in its capacity as administrative agent for the Lenders under this Agreement (hereinafter referred to in such capacity as the “Agent”).
Statement of Work The Contractor shall provide the services and staff, and otherwise do all things necessary for or incidental to the performance of work, as set forth below:
LIST OF EXHIBITS AND SCHEDULES EXHIBIT A — LEGAL DESCRIPTION OF PROJECT SCHEDULE 1.1(A) — VALUATION AMOUNTS SCHEDULE 1.1(B) — PROJECT INFORMATION SCHEDULE 1.1(C) — LIST OF SITE ASSESSMENTS SCHEDULE 2.1 — ADVANCE CONDITIONS SCHEDULE 4.1 — ORGANIZATIONAL MATTERS SCHEDULE 4.1(A) — BORROWER’S ORGANIZATIONAL STRUCTURE SCHEDULE 4.6 — ZONING REPORTS AND PROPERTY CONDITION REPORTS SCHEDULE 8.15 — IMMEDIATE REPAIRS LIST OF DEFINED TERMS Affiliate 1 Agreement 1 Anti-Money Laundering Laws 1 Assignment of Rents and Leases 1 Bank Secrecy Act 2 Bankruptcy Party 30 Borrower 1 Borrower Party 2 Budget 2 Business Day 2 Cash on Cash Return 2 Closing Date 2 Collateral 2 Contract Rate 2, 8 Debt 2 Debt Service 2 Debt Service Coverage 3 Default Rate 3 Environmental Laws 3 ERISA 16 Eurodollar Business Day 4 Event of Default 3 Financial Institution 3 Guarantors 3 Guaranty 3 Hazardous Materials 3 IEEPA 29 Interest Holder 3, 24 Joinder Party 3 Lender 1 Libor Rate 3 Lien 4 Loan 4 Loan Documents 4 Loan Year 4 Lockout Period 9 Maturity Date 4 Mortgage 4 Net Cash Flow 4 Note 5 OFAC 5 Operating Expenses 5 Operating Revenues 5 Patriot Act 5 Person 5 Potential Default 5 Prepayment Premium Period 9 Project 5 Restoration Threshold 6 Single Purpose Entity 6 Site Assessment 6 Specially Designated National and Blocked Persons 6 Standard Adjustments 6 Transfer 6, 23 TWEA 29 U.S. Person 7 UCC 7 Underwritten NOI 7 Underwritten Operating Expenses 7 Underwritten Operating Revenues 7 LOAN AGREEMENT This Loan Agreement (this “Agreement”) is entered into as of October 16, 2007 between GENERAL ELECTRIC CAPITAL CORPORATION, a Delaware corporation (“Lender”), and ESP SEVEN SUBSIDIARY LLC, a Delaware limited liability company (“Borrower”).