Common use of Use of Proceeds and Continuing Representations of Agent Clause in Contracts

Use of Proceeds and Continuing Representations of Agent. All costs and expenses which are the subject of the Final Advance requested have been paid in full or will be paid in full out of the proceeds of the Final Advance; (ii) all premiums and costs owing under any insurance policy pursuant to subsection 9.3 hereof have been paid in full by the General Contractor or otherwise or will be paid in full out of the proceeds of the Final Advance, and all such insurance policies are in full force and effect; (iii) all representations and warranties in this Agreement (except for the representations and warranties made in subsections 8.9 and 8.26 hereof which shall not be made by Agent), in the Lease and in the various agreements, instruments and documents delivered to Owner by or on behalf of Agent in connection with the Final Advance, are and remain true and correct in all material respects on and as of the date of the Final Advance as if made on and as of the date of the Final Advance (except to the extent such representations and warranties are made expressly as to a specific earlier date, in which case such representations and warranties were true and correct as of such earlier date); and (iv) no Event of Loss, Event of Default, Potential Default, Event of Project Termination, Potential Event of Project Termination or Termination Event under this Agreement has occurred and is continuing on the date such Final Advance is to be made or will exist by reason of giving effect to such Final Advance.

Use of Proceeds and Continuing Representations of Agent. (a) All costs and expenses which are the subject of the Final Advance requested have been paid in full or will be paid in full out of the proceeds of the this Final Advance; (iib) all premiums and costs owing under any insurance policy pursuant to subsection 9.3 hereof of the Agreement have been paid in full by the General Contractor or otherwise or will be paid in full out of the proceeds of the this Final Advance, and all such insurance policies are in full force and effect; (iiic) all representations and warranties in this the Agreement (except for the representations and warranties made in subsections 8.9 and 8.26 hereof thereof which shall not be made by Agent), in the Lease Lease, and in the various agreements, instruments and documents delivered to Owner by or on behalf of Agent in connection with the this Final Advance, Advance are and remain true and correct in all material respects on and as of the date of the this Final Advance as if made on and as of the date of the this Final Advance (except to the extent such representations and warranties are made expressly as to a specific earlier date, in which case such representations and warranties were true and correct as of such earlier date); and (ivd) no Event of Loss, Event of Default, Potential Default, Event of Project Termination, Potential Event of Project Termination or Termination Event under this the Agreement has occurred and is continuing on the date such this Final Advance is to be made or will exist by reason of giving effect to such this Final Advance.

Use of Proceeds and Continuing Representations of Agent. (a) All costs and expenses which are the subject of the Final Interim Advance requested have been paid in full or will be paid in full out of the proceeds of the Final this Interim Advance; (iib) all premiums and costs owing under any insurance policy pursuant to subsection 9.3 hereof of the Agreement have been paid in full by the General Contractor or otherwise or will be paid in full out of the proceeds of the Final this Interim Advance, and all such insurance policies are in full force and effect; (iiic) all representations and warranties in this the Agreement (except for the representations and warranties made in subsections 8.9 and 8.26 hereof thereof which shall not be made by Agent), in the Lease Lease, and in the various agreements, instruments and documents delivered to Owner by or on behalf of Agent in connection with the Final this Interim Advance, are and remain true and correct in all material respects on and as of the date of the Final this Interim Advance as if made on and as of the date of the Final this Interim Advance (except to the extent such representations and warranties are made expressly as to a specific earlier date, in which case such representations and warranties were true and correct as of such earlier date); and (ivd) no Event of Loss, Event of Default, Potential Default, Event of Project Termination, Potential Event of Project Termination or Termination Event under this Agreement the Agreement, or default under any Project Contract or Construction Document has occurred and is continuing on the date such Final this Interim Advance is to be made or will exist by reason of giving effect to such Final this Interim Advance.

Use of Proceeds and Continuing Representations of Agent. (i) All costs and expenses which are the subject of the Final Completion Advance requested have been paid in full or will be paid in full out of the proceeds of the Final Completion Advance; (ii) all premiums and costs owing under any insurance policy pursuant to subsection 9.3 hereof have been paid in full by the General Contractor or otherwise or will be paid in full out of the proceeds of the Final Completion Advance, and all such insurance policies are in full force and effect; (iii) all representations and warranties in this Agreement (except for the representations and warranties made in subsections 8.9 and 8.26 hereof which shall not be made by Agent), in the Lease and in the various agreements, instruments and documents delivered to Owner by or on behalf of Agent in connection with the Final Completion Advance, are and remain true and correct in all material respects on and as of the date of the Final Completion Advance as if made on and as of the date of the Final Completion Advance (except to the extent such representations and warranties are made expressly as to a specific earlier date, in which case such representations and warranties were true and correct as of such earlier date); and (iv) no Event of Loss, Event of Default, Potential Default, Event of Project Termination, Potential Event of Project Termination or Termination Event under this Agreement has occurred and is continuing on the date such Final the Completion Advance is to be made or will exist by reason of giving effect to such Final the Completion Advance.

Use of Proceeds and Continuing Representations of Agent. (a) All costs and expenses which are the subject of the Final Completion Advance requested have been paid in full or will be paid in full out of the proceeds of the Final this Completion Advance; (iib) all premiums and costs owing under any insurance policy pursuant to subsection 9.3 hereof of the Agreement have been paid in full by the General Contractor or otherwise or will be paid in full out of the proceeds of the Final this Completion Advance, and all such insurance policies are in full force and effect; (iiic) all representations and warranties in this the Agreement (except for the representations and warranties made in subsections 8.9 and 8.26 hereof thereof which shall not be made by Agent), in the Lease Lease, and in the various agreements, instruments and documents delivered to Owner by or on behalf of Agent in connection with the Final Advance, this Completion Advance are and remain true and correct in all material respects on and as of the date of the Final this Completion Advance as if made on and as of the date of the Final this Completion Advance (except to the extent such representations and warranties are made expressly as to a specific earlier date, in which case such representations and warranties were true and correct as of such earlier date); and (ivd) no Event of Loss, Event of Default, Potential Default, Event of Project Termination, Potential Event of Project Termination or Termination Event under this the Agreement has occurred and is continuing on the date such Final this Completion Advance is to be made or will exist by reason of giving effect to such Final this Completion Advance.

Use of Proceeds and Continuing Representations of Agent. (i) All costs and expenses which are the subject of the Final Interim Advance requested have been paid in full or will be paid in full out of the proceeds of the Final Interim Advance; (ii) all premiums and costs owing under any insurance policy pursuant to subsection 9.3 hereof have been paid in full by the General Contractor or otherwise or will be paid in full out of the proceeds of the Final Interim Advance, and all such insurance policies are in full force and effect; (iii) all representations and warranties in this Agreement (except for the representations and warranties made in subsections 8.9 and 8.26 hereof which shall not be made by Agent), in the Lease and in the various agreements, instruments and documents delivered to Owner by or on behalf of Agent in connection with the Final Interim Advance, are and remain true and correct in all material respects on and as of the date of the Final Interim Advance as if made on and as of the date of the Final Interim Advance (except to the extent such representations and warranties are made expressly as to a specific earlier date, in which case such representations and warranties were true and correct as of such earlier date); and (iv) no Event of Loss, Event of Default, Potential Default, Event of Project Termination, Potential Event of Project Termination or Termination Event under this Agreement Agreement, or default under any Project Contract or Construction Document has occurred and is continuing on the date such Final Interim Advance is to be made or will exist by reason of giving effect to such Final Interim Advance.