Borrower’s Certification Sample Clauses

Borrower’s Certification. The Borrower shall have delivered to the Collateral Agent, each Lender Agent, the Swingline Lender (in the case of any Swingline Loan) and the Agent an Officer’s Certificate (which may be included as part of the Loan Request or Reinvestment Request) dated the date of such requested Revolving Loan, Swingline Loan or Reinvestment certifying that the conditions described in Sections 6.2(a) through (k) have been satisfied;

Borrower’s Certification. The Borrower shall have delivered to the Collateral Agent, the Collateral Administrator, each Lender Agent, and the Agent an Officer’s Certificate (which may be included as part of the Loan Request or Reinvestment Request) dated the date of such requested Revolving Loan, or Reinvestment certifying that the conditions described in Sections 6.2(a) through (i) have been satisfied;

Borrower’s Certification. The Borrower shall have delivered to the Administrative Agent and the Paying Agent an Officer’s Certificate (which may be included as part of the Advance Request) dated the date of such requested Advance certifying that the conditions described in subsections 6.2(a) through 6.2(i) have been satisfied;

Borrower’s Certification. The Borrower shall deliver to IFC with respect to each request for Disbursement: (a) certifications, in the form included in Schedule 2, relating to the conditions specified in Section 4.02 (Conditions of All Disbursements) (other than the condition in Section 4.02(g)) expressed to be effective as of the date of that Disbursement, and (b) such evidence as IFC may reasonably request of the proposed utilization of the proceeds of that Disbursement or the utilization of the proceeds of any prior Disbursement.

Borrower’s Certification. At the request of Ridgestone, Borrower shall deliver to Ridgestone a fully executed Borrower’s Certification in the form attached hereto as Exhibit C.

Borrower’s Certification. Borrower’s delivery of the Dry Loan Package to Lender shall constitute Borrower’s certification to Lender that: (a) the Pledged Mortgage Loan related to such Dry Loan Package is an Eligible Loan in all respects; (b) the Mortgage Note bears an original signature or signatures purporting to be the signature or signatures of the Person or Persons named as the maker; (c) except for the endorsement in blank, neither the Mortgage Note nor the Mortgage Assignment contains any notations on its face which evidences any claims, liens, security interests, encumbrances or restrictions on transfer; (d) the original principal amount of the indebtedness described in the Mortgage as being secured by the Mortgage is identical to the original principal amount of the Mortgage Note; (e) the Mortgage Note bears the original of an endorsement by the named holder or payee endorsing the Mortgage Note in blank; (f) the original of the Mortgage Assignment bears the original signature of the named mortgagee or beneficiary (and any other necessary party) or in the case of copies permitted hereunder, that such copies appear to bear a reproduction of such signature or signatures; (g) the Title Commitment is in form and substance providing evidence of a commitment to issue title insurance customarily used in the jurisdiction in which the Mortgaged Property is located, that the lien of the Mortgage is a valid first and prior lien against the Mortgaged Property (subject to any Permitted Encumbrances), that the description of the real property set forth in the Title Commitment is identical to the real property description contained in the Mortgage, and that Borrower has paid the title insurance premium and done all other things necessary so that a mortgagee policy of title insurance will be issued substantially in the form of the Title Commitment; (h) the original of any flood insurance policy that is required to be maintained with respect to a Mortgaged Property under the Flood Disaster Protection Act of 1973, as amended, and implementing and other regulations, has been duly issued and is in full effect; and (i) all representations and warranties of Borrower contained in this Agreement are true, correct and complete in all material respects as of the date of delivery of each Mortgage Document and such representations and warranties shall survive the delivery of each Mortgage Document to Lender.

Borrower’s Certification. The Borrower shall deliver to IFC with respect to the request for Disbursement: (a) certifications, in the form included in Schedule 2, relating to the conditions specified in Section 5.01(o), (p)(i), (q) through and including (v), (x) and (y) (Conditions of the Disbursement) expressed to be effective as of the date of the Disbursement, and in the case of Section 5.01 (t), also certified by the Auditors if IFC so requires; and (b) such evidence as IFC may reasonably request of the proposed utilization of the proceeds of the Disbursement.

Borrower’s Certification. Solely as between the Borrower and the Collateral Custodian, the Borrower hereby certifies to the Collateral Custodian that, notwithstanding anything to the contrary in this Agreement, the review contemplated by Article IX (the “Review”) is a review to be performed by the Collateral Custodian solely for the purpose of acknowledging receipt of Portfolio Asset Files by the Collateral Custodian from the Borrower. Any custodial certification (the “Certification”) related to such Review prepared by the Collateral Custodian and furnished to the Borrower is produced solely in connection with this purpose. The Borrower did not engage the Collateral Custodian to perform the Review, produce the Certification or perform any of the services in this Agreement for the purpose of making findings with respect to the accuracy of the information or data regarding the Portfolio Asset Files provided to the Collateral Custodian by the Borrower for the Review as contemplated by Rule 17g-10 under the Exchange Act. Given the purpose and scope of the Collateral Custodian’s services with respect NAI-1528532842v5 TO THE BORROWER UNDER THIS AGREEMENT (INCLUDING THE REVIEW AND ANY CERTIFICATION) AND GIVEN THE BORROWER’S TREATMENT AND USE OF THE REVIEW AND CERTIFICATION, THE BORROWER AND THE COLLATERAL CUSTODIAN AGREE THAT THE COLLATERAL CUSTODIAN’S REVIEW IS NOT COMMONLY UNDERSTOOD IN THE MARKET TO BE “DUE DILIGENCE SERVICES” FOR PURPOSES OF RULE 17G-10 UNDER THE EXCHANGE ACT. THE BORROWER DOES NOT CONSIDER THE REVIEW AND THE CERTIFICATION TO BE “DUE DILIGENCE SERVICES” FOR PURPOSES OF RULE 17G-10 UNDER THE EXCHANGE ACT, AND UNLESS THE BORROWER NOTIFIES THE COLLATERAL CUSTODIAN TO THE CONTRARY, THE BORROWER WILL NOT TREAT THE CERTIFICATION AS A “THIRD-PARTY DUE DILIGENCE REPORT” FOR PURPOSES OF RULE 15GA-2 UNDER THE EXCHANGE ACT. THE BORROWER HEREBY ACKNOWLEDGES THAT THE COLLATERAL CUSTODIAN IS RELYING ON THIS CERTIFICATION FOR PURPOSES OF DETERMINING THAT ITS REVIEW DOES NOT CONSTITUTE “DUE DILIGENCE SERVICES” UNDER RULE 17G-10 UNDER THE EXCHANGE ACT.

Borrower’s Certification.  (a) Except as provided for in Section 5.03 (b), the Borrower shall deliver to IFC with respect to each request for Loan:  (i) certifications, in the form included in Schedule 2 signed by an Authorized Representative, relating to the conditions specified in Section 5.02 (Conditions of All Loans) (other than the condition in Section 5.02 (g)) expressed to be effective as of the date of that relevant Loan; and  (ii) such evidence as IFC may reasonably request of the proposed utilization of the proceeds of that Loan or the utilization of the proceeds of any prior Loan.  (b) In the case of any Rollover Loan, except where the Borrower makes a specific representation or where certifications or evidence is requested by IFC pursuant to Section 5.03(a) above, the Borrower shall be deemed to have provided such certifications as of the date of such Rollover Loan.