Common use of Utility Availability Clause in Contracts

Utility Availability. The Construction Consultant shall have become satisfied, as certified to in the Construction Consultant’s report delivered on the Closing Date, that arrangements, which are reflected accurately in the Project Budget, shall have been or will be made under the Project Documents or otherwise on commercially reasonable terms for the provision of all utilities necessary for the construction, operation and maintenance of the Project as contemplated by the Loan Documents, the Project Documents and the Plans and Specifications.

Appears in 1 contract

Samples: Credit and Term Loan Agreement (Penn National Gaming Inc)

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Utility Availability. The Construction Consultant shall have become reasonably satisfied, as certified to in the Construction Consultant’s report delivered on the Closing Date, that arrangements, which are reflected accurately in the Project Budget, arrangements shall have been or will be made under the Project Documents or otherwise on commercially reasonable terms as and when necessary for the provision of all utilities necessary for the construction, operation and maintenance of the Project as contemplated by the Loan Documents, the Project Documents and the Plans and Specifications.

Appears in 1 contract

Samples: Building Term Loan Agreement (Empire Resorts Inc)

Utility Availability. The Construction Consultant shall have become satisfied, as certified to in the Construction Consultant’s report delivered on the Closing Date, be reasonably satisfied that arrangements, which are reflected accurately in the Project Budget, arrangements shall have been or will be made under the Project Documents or otherwise on commercially reasonable terms as and when necessary for the provision of all utilities necessary for the construction, operation and maintenance of the Project Development as contemplated by the Loan Documents, the Project Documents and the Plans and Specifications.

Appears in 1 contract

Samples: Credit Agreement (Caesars Acquisition Co)

Utility Availability. The Construction Consultant shall have become satisfied, as certified to in the Construction Consultant’s report delivered on the 's Closing DateCertificate, that arrangements, which are reflected accurately in the Main Project Budget, shall have been or will be made under the Project Documents Design/Build Contract or otherwise on commercially reasonable terms for the provision of all services, materials and utilities necessary for the construction, operation and maintenance of the Main Project as contemplated by the Loan Documents, the Project Operative Documents and the Plans and Specifications.

Appears in 1 contract

Samples: Disbursement Agreement (Aladdin Capital Corp)

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Utility Availability. The Construction Consultant shall have become satisfied, as certified to in the Construction Consultant’s report delivered on the 's Closing DateCertificate, that arrangements, which are reflected accurately in the Project Budget, shall have been or will be made under the Project Documents Construction Management Agreement or otherwise on commercially reasonable terms for the provision of all services, materials and utilities necessary for the construction, operation and maintenance of the Project as contemplated by the Loan Documents, the Project Operative Documents and the Plans and Specifications.

Appears in 1 contract

Samples: Disbursement and Administration Agreement (Grand Canal Shops Mall Construction LLC)

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