The Construction Agent Delivery of Construction Budget Modifications. The Construction Agent covenants and agrees to deliver to the Agent each month notification of any modification to any Construction Budget regarding any Property if such modification increases the cost to construct such Property; provided no Construction Budget may be increased unless (a) the title insurance policies referenced in Section 5.3(g) are also modified or endorsed, if necessary, to provide for insurance in an amount that satisfies the requirements of Section 5.4(f) of this Agreement and (b) after giving effect to any such amendment, the Construction Budget remains in compliance with the requirements of Section 5.4(d) of this Agreement.
Appears in 8 contracts
Samples: Participation Agreement (Quorum Health Group Inc), Participation Agreement (Convergys Corp), Participation Agreement (Veritas Software Corp /De/)
The Construction Agent Delivery of Construction Budget Modifications. The Construction Agent covenants and agrees to deliver to the Agent each month notification of any modification to any Construction Budget regarding any Property if such modification increases the total cost to construct such Property; provided no Construction Budget may be increased unless (a) the title insurance policies referenced in Section 5.3(g) are also modified or endorsed, if necessary, to provide for insurance in an amount that satisfies the requirements of Section 5.4(f) of this Agreement and (b) after giving effect to any such amendment, the Construction Budget remains in compliance with the requirements of Section 5.4(d) of this Agreement.
Appears in 3 contracts
Samples: Participation Agreement (Province Healthcare Co), Participation Agreement (Correctional Services Corp), Participation Agreement (Province Healthcare Co)
The Construction Agent Delivery of Construction Budget Modifications. The Construction Agent covenants and agrees to deliver to the Agent Bank each month notification of any modification to any Construction Budget regarding any Property if such modification increases the cost to construct such Property; provided no Construction Budget may be increased unless (a) the title insurance policies referenced in Section 5.3(g) are also modified or endorsed, if necessary, to provide for insurance in an amount that satisfies the requirements of Section 5.4(f) of this Agreement and (b) after giving effect to any such amendment, the Construction Budget remains in compliance with the requirements of Section 5.4(d) of this Agreement.
Appears in 2 contracts
Samples: Participation Agreement (Dollar Tree Stores Inc), Participation Agreement (Sterile Recoveries Inc)
The Construction Agent Delivery of Construction Budget Modifications. The Construction Agent covenants and agrees to deliver to the Agent each month notification of any modification to any Construction Budget regarding any Property if such modification increases the cost to construct such Property; provided no Construction Budget may be increased unless (a) the title insurance -------- policies referenced in Section 5.3(g) are also modified or endorsed, if necessary, to provide for insurance in an amount that satisfies the requirements of Section 5.4(f) of this Agreement and (b) after giving effect to any such amendment, the Construction Budget remains in compliance with the requirements of Section 5.4(d) of this Agreement.
Appears in 2 contracts
Samples: Participation Agreement (Smart & Final Inc/De), Participation Agreement (Us Foodservice/Md/)
The Construction Agent Delivery of Construction Budget Modifications. The Construction Agent that has executed a Lease Supplement respecting such Property covenants and agrees to deliver to the Agent each month notification of any modification to any Construction Budget regarding any Property if such modification increases the cost to construct such Property; provided no Construction Budget may be increased unless (a) the title insurance policies referenced in Section 5.3(g) are also modified or endorsed, if necessary, to provide for insurance in an amount that satisfies the requirements of Section 5.4(f) of this Agreement and (b) after giving effect to any such amendment, the Construction Budget remains in compliance with the requirements of Section 5.4(d) of this Agreement.
Appears in 1 contract
Samples: Participation Agreement (Performance Food Group Co)
The Construction Agent Delivery of Construction Budget Modifications. The Construction Agent covenants and agrees to deliver to the Agent each month notification of any modification to any Construction Budget regarding any Property if such modification increases the cost to construct such Property beyond the projected cost of the Construction Budget delivered to the Agent regarding such Property; provided no Construction Budget may be increased unless (a) the title insurance policies referenced in Section 5.3(g) are also modified or endorsed, if necessary, to provide for insurance in an amount that satisfies the requirements of Section 5.4(f) of this Agreement and (b) after giving effect to any such amendment, the Construction Budget remains in compliance with the requirements of Section 5.4(d) of this Agreement.
Appears in 1 contract
The Construction Agent Delivery of Construction Budget Modifications. The Construction Agent covenants and agrees to deliver to the Agent each month notification of any modification to any Construction Budget regarding any Property if such modification materially increases the cost to construct such Property; provided provided, no Construction Budget may be increased unless (a) the title insurance policies referenced in Section 5.3(g) are also modified or endorsed, if necessary, to provide for insurance in an amount that satisfies the requirements of Section 5.4(f) of this Agreement and (b) after giving effect to any such amendment, the Construction Budget remains in compliance with the requirements of Section 5.4(d) of this Agreement.
Appears in 1 contract
Samples: Participation Agreement (American Oncology Resources Inc /De/)
The Construction Agent Delivery of Construction Budget Modifications. The Construction Agent covenants and agrees to deliver to the Agent each month notification of any modification to any Construction Budget regarding any Improvements or related portions of the Property if such modification increases the cost to construct such Improvements and related Property; provided no Construction Budget may be increased unless (a) the title insurance policies referenced in Section 5.3(g) are also modified or endorsed, if necessary, to provide for insurance in an amount that satisfies the requirements of Section 5.4(f) of this Agreement and (b) after giving effect to any such amendment, the such Construction Budget remains in compliance with the requirements of Section 5.4(d) of this Agreement.
Appears in 1 contract
Samples: Participation Agreement (Veritas Software Corp /De/)