Construction Agent Certification Clause Samples
Construction Agent Certification. (i) all amounts owing to third parties for the Construction have been paid in full (other than contingent obligations for which the Construction Agent has made adequate reserves), and no litigation or proceedings are pending, or, to the best of the Construction Agent's knowledge, are threatened, against the Leased Property, the Construction Agent or the Lessee which could reasonably be expected to have a Material Adverse Effect;
(ii) all material consents, licenses and permits and other governmental authorizations or approvals required for such Construction and operation of the Leased Property have been obtained and are in full force and effect;
(iii) the Leased Property has available all services of public facilities and other utilities necessary for the use and operation of the Leased Property for its intended purposes including, without limitation, adequate water, gas and electrical supply, storm and sanitary sewerage facilities, telephone, other required public utilities and means of access between the Building and public highways for pedestrians and motor vehicles;
(iv) all material agreements, easements and other rights, public or private, which are necessary to permit the lawful use and operation of the Leased Property as the Lessee intends to use the Leased Property under the Lease and which are necessary to permit the lawful intended use and operation of all then intended utilities, driveways, roads and other means of egress and ingress to and from the same have been obtained and are in full force and effect and neither the Construction Agent nor the Lessee has any knowledge of any pending modification or cancellation of any of the same, and the use of the Leased Property does not depend on any variance, special exception or other municipal approval, permit or consent that has not been obtained and is in full force and effect for its continuing legal use;
(v) all of the requirements and conditions set forth in Section 3.5(b) hereof have been completed and fulfilled with -------------- respect to the Leased Property and the Construction; and
(vi) to the best of the Construction Agent's knowledge, the Leased Property is in compliance in all material respects with all applicable zoning laws and regulations.
Construction Agent Certification. 15 SECTION 3.6 Addition of Lessees .......................... 16
Construction Agent Certification. 19 SECTION 3.6
Construction Agent Certification. The Construction Agent shall have furnished the Lessor, the Administrative Agent and each Lender with a certification of the Construction Agent (substantially in the form of EXHIBIT H) that:
Construction Agent Certification. 20 SECTION 3.6 Addition of Lessees.........................................22 ARTICLE IV. REPRESENTATIONS.............................................22 SECTION 4.1 Representations of DTS and Lessees..........................22 SECTION 4.2 Survival of Representations and Effect of Fundings..........32 (a) Survival of Representations and Warranties............32 (b) Each Funding a Representation.........................32
Construction Agent Certification. Construction Agent shall have -------------------------------- furnished Lessor and Agent with a certification of Construction Agent to the effect that:
(i) The representations and warranties of Lessee with respect to the Site set forth in Section 4.1(i) are true and correct in all material -------------- respects as of the Completion. All amounts owing to third parties for the construction of the New Facility have been paid in full (other than contingent obligations for which Construction Agent has made adequate reserves, including amounts funded to the Construction Agent pursuant to Section 3.5(a)). --------------
(ii) No changes or modifications were made to the related Plans and Specifications after the Site Acquisition Date that materially and adversely effect the value, utility or economic useful life of such Site.
Construction Agent Certification. The Construction Agent shall have furnished the Lessor, the Agent and each Lender with a certification of the Construction Agent (substantially in the form of Exhibit H) that:
(i) all amounts owing to third parties for the related Construction have been paid in full (other than contingent obligations for which the Construction Agent has made adequate reserves), and no litigation or proceedings are pending, or to the best of the Construction Agent's knowledge, are threatened, against such Leased Property or the Construction Agent or the related Lessee which could reasonably be expected to have a Materially Adverse Effect;
(ii) all Material consents, licenses and permits and other governmental authorizations or approvals required for such Construction and operation of such Leased Property have been obtained and are in full force and effect;
Construction Agent Certification. The Construction Agent shall have furnished the Lessor, the Agent and each Lender with a certification of the Construction Agent (substantially in the form of Exhibit H) that:
(i) all amounts owing to third parties for the related Construction have been paid in full (other than contingent obligations for which the Construction Agent, as agent for the Lessor, has made adequate reserves), and no litigation or proceedings are pending, or to the best of the Construction Agent's knowledge, are threatened, against such Leased Property or the Construction Agent or the related Lessee which could reasonably be expected to have a Material Adverse Effect;
(ii) all material consents, licenses and permits and other governmental authorizations or approvals required for such Construction and operation of such Leased Property have been obtained and are in full force and effect;
(iii) such Leased Property has available all services of public facilities and other utilities necessary for use and operation of such Leased Property for its intended purposes including, without limitation, adequate water, gas and electrical supply, storm and sanitary sewerage facilities, telephone, other required public utilities and means of access between the related Building and public highways for pedestrians and motor vehicles;
(iv) all material agreements, easements and other rights, public or private, which are necessary to permit the lawful use and operation of such Leased Property as the related Lessee intends to use such Leased Property under the Lease and which are necessary to permit the lawful intended use and operation of all then intended utilities,
Construction Agent Certification. 16 SECTION 3.6 Addition of Lessees................................... 17 SECTION 3.7 Reaffirmations of Operative Documents................. 18