Due Diligence Documentation. A written report of the results of the environmental due diligence must be developed under the direction of the Environmental Department. The report must state a conclusion regarding whether environmental contamination was observed or is potentially present at the facility. If remedial actions were undertaken, the report must document the conduct of the remedial actions and the environmental conditions present post-remediation. Prior to finalization, the report must be reviewed by both the Environmental and Legal Departments (Environmental Counsel). The written report must be distributed to the requesting party (i.e., Facilities, Property Assets), the Environmental Department and the Legal Department (Environmental Counsel).
Due Diligence Documentation. (a) During the Due Diligence Period, Seller agrees to allow Purchaser, Purchaser’s prospective lenders and Purchaser’s and Purchaser’s prospective lenders’ engineers, architects, employees, agents and representatives (collectively, “Purchaser’s Agents”) reasonable access to the Property and to the records of the Property and Owner maintained by Seller or Owner at Seller’s offices during normal business hours. Such access shall be solely for the purposes of (i) reviewing the leases, the service contracts and any records relating thereto; (ii) reviewing records relating to revenues and operating expenses; (iii) inspecting the physical condition of the Property and conducting non-intrusive physical or environmental inspections of the Property; and (iv) reviewing at Seller’s offices such other records and information of Seller or Owner with respect to the Property or Owner in the possession or control of Seller or Owner as Purchaser shall reasonably request to review and examine in connection with the inspections and reviews contemplated herein (any such items (i) through (iv) delivered or made available to Purchaser and Purchaser’s Agents by Seller shall collectively be know as the “Property Information”). Purchaser shall not conduct or allow any physically intrusive testing of, on or under the Property without first obtaining Seller’s consent (which consent shall not be unreasonably withheld or delayed) as to the timing and scope of work to be performed. Seller shall provide Purchaser and Purchaser’s Agents with reasonable access to interview Manager, on no less than two Business Days’ prior notice, provided Seller shall be permitted to cause one or more of its representatives to be present at any such interview, and shall instruct Manager to cooperate fully with Purchaser and Purchaser’s Agents in connection with Purchaser’s and Purchaser’s Agents’ due diligence and in answering any reasonable inquiries of Purchaser and Purchaser’s Agents.
Due Diligence Documentation. Within ten (10) days after the Effective Date, Seller shall deliver to Buyer for review the Due Diligence Documentation. For purposes of this Agreement Due Diligence Documentation shall mean the items set forth on EXHIBIT B. BUYER ACKNOWLEDGES AND AGREES THAT THE DUE DILIGENCE DOCUMENTATION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY, AND THAT NEITHER SELLER, NOR ITS AFFILIATES, NOR THE PERSON OR COMPANY WHICH PREPARED ANY OF THE DUE DILIGENCE DOCUMENTATION (COLLECTIVELY, THE "AUTHOR") HAVE MADE OR MAKE ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE ACCURACY OR COMPLETENESS OF THE DUE DILIGENCE DOCUMENTATION. BUYER AGREES THAT NEITHER SELLER, NOR ITS AFFILIATES, NOR ANY AUTHOR, NOR ANY OTHER PERSON, WILL HAVE ANY LIABILITY TO BUYER OR ANY OF BUYER'S CONTRACTORS RESULTING FROM THE USE OF THE DUE DILIGENCE DOCUMENTATION. BUYER FURTHER AGREES THAT BUYER AND BUYER'S CONTRACTORS SHALL INDEPENDENTLY INSPECT AND INVESTIGATE THE PROPERTY AND VERIFY SUCH INFORMATION WITH RESPECT TO THE PROPERTY AS SAID PARTIES DEEM NECESSARY OR DESIRABLE TO FULLY EVALUATE THE PROPOSED TRANSACTION CONTEMPLATED BY THIS AGREEMENT AND THE PHYSICAL CONDITION AND ECONOMIC STATUS OF THE PROPERTY. BUYER SHALL NOTIFY ANY OF BUYER'S CONTRACTORS OF THE PROVISIONS OF THIS PARAGRAPH BEFORE DELIVERING ANY OF THE DUE DILIGENCE DOCUMENTATION TO ANY OF THEM.
Due Diligence Documentation. Please note - In order for the GLA to carry out the Due Diligence checks they will make prior to agreeing to the award of a Grant Agreement, the following documentation must accompany this application. Failure to supply all of the mandatory documentation will result in the application not being scored, and not progressing for consideration of funding. Please confirm that you have enclosed the following documentation with your application; (for ALL APPLICANTS) A copy of the most recent signed audited accounts or a copy of the most recent accounts signed by an independent and qualified accountant, to include a full set of notes to the accounts, Directors’ report, balance sheet, statement of the organisation’s turnover, profit & loss / income & expenditure (not abbreviated) and cash flow position for the most recent full year of trading / operations, where this information is not Yes A statement of the organisation’s cash flow forecast for the current year (Yes/No) Yes The organisation’s budget for the current year (Yes/No) Yes Financial Regulations - to include procurement rules (Yes/No) Yes Budgeted allocation of funding within the project or a budget detailing which activities within the recipient’s organisation will be funded, containing line details of proposed expenditure (e.g. staffing costs, stationery and publicity) THIS WILL BE INCORPORATED INTO THE PAYMENT TRIGGER CALCULATOR Evidence of Public Liability Insurance (Yes/No) Yes Evidence of Employer’s Liability Insurance (Yes/No) Yes (for PARENT COMPANIES ONLY) A written Parent Company Guarantee (Yes/No) No, not applicable (for CONSORTIUMS WHERE ALL MEMBERS WILL BE JOINTLY AND SEVERALLY LIABLE ONLY) Consolidated Financial Accounts for the consortium (to be submitted by the Lead Partner). (Yes/No) No, not applicable
Due Diligence Documentation. 18 SECTION 7.5
Due Diligence Documentation. All documentation furnished by BYL or BYL Bank to Funding, including, without limitation, reports, contracts, leases, licenses, agreements of any kind, opinions of counsel, advisory opinions, governmental certifications or approvals (whether local, state or federal), governmental reports or audits (whether local, state or federal) is true and correct in all material respects as of the dates thereof, and no material change in any of the same has occurred.
Due Diligence Documentation. The Company shall have complied with all reasonable due diligence, document or data requests from the Administrative Agent, its counsel, the Syndication Agent or Xxxxxxxx.
Due Diligence Documentation. 15 7.5 Land Suitability Studies..........................................15 7.6 Inspection Rights and Obligations of Buyer........................15 7.7 Inspection Obligations of Seller..................................16 7.8
Due Diligence Documentation. Within ten (10) days after the Effective Date, Seller shall deliver to Buyer for review (a) the Due Diligence Documentation (b) if not provided upon execution of this Agreement, all Schedules of Seller set forth in this Agreement; and (c) written certification of Seller ("Seller's Due Diligence Certification") that all Due Diligence Documentation and all Schedules have been provided to Buyer and such Due Diligence Documentation and Schedules are true, accurate and complete. For purposes of this Agreement Due Diligence Documentation shall mean the items set forth on EXHIBIT B. In the event that Seller does not provide all Due Diligence Documentation and Schedules and Seller's Due Diligence Certification within such ten (10) days, then the date Buyer is required to deliver the Preliminary Inspection Report (the "Preliminary Inspection Report Date") shall be the date that is forty-five (45) days from the date of Buyer's receipt of the Due Diligence Documentation, Schedules and Seller's Due Diligence Certification as required by this Section. In addition, the date for Closing shall, at the option of Buyer, shall be extended to the date that is forty-five (45) days after the Preliminary Inspection Report Date as extended and determined in accordance with this Section.
Due Diligence Documentation. The Buyer has been given access to copies of specific documentation concerning the Company (the "Due Diligence Documentation"). A list of the Due Diligence Documentation made available to the Buyer until the date hereof is set forth in Schedule 17. Upon Completion, the Due Diligence Documentation shall become the property of the Company. 3.02.
