Common use of Establishment of Completion Date Clause in Contracts

Establishment of Completion Date. The Completion Date for the construction of the Project shall be evidenced to the Trustee by a certificate delivered to the Trustee and signed by the Borrower Representative setting forth the Cost of the Project and stating that, except for amounts not then due and payable or the liability for the payment of which is being contested or disputed by the Borrower, the construction of the Project has been completed in accordance with the description thereof and the Plans and Specifications therefor and the Cost of the Project has been paid. Such certificate shall state that it is given without prejudice to any rights against third parties which exist at the date .of such certificate or which may subsequently come into being.

Appears in 2 contracts

Samples: Loan Agreement (Maxxam Inc), Loan Agreement (Maxxam Inc)

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Establishment of Completion Date. The Completion Date for the construction of the Project shall be evidenced to the Authority and the Trustee by a certificate delivered to signed by an Authorized Representative of the Borrower stating (a) the Cost of the Project, (b) that the acquisition, renovation and equipping of the Facility have been completed substantially in accordance with Section 3.2, and (c) that, except for amounts retained by the Trustee and signed by the Borrower Representative setting forth for the Cost of the Project and stating that, except for amounts not then due and payable or the liability for the payment of which is being contested or disputed by the Borrowerpayable, the construction of the Project has been completed in accordance with the description thereof and the Plans and Specifications therefor and the full Cost of the Project has been paid. Such Notwithstanding the foregoing, such certificate shall state that it is given without prejudice to any rights against third parties which exist at the date .of of such certificate or which may subsequently come into being.

Appears in 1 contract

Samples: Loan Agreement (Sherwood Brands Inc)

Establishment of Completion Date. The Completion Date for the construction of the Project shall be evidenced to the Bond Trustee by a certificate delivered to the Trustee and signed by the Borrower College Representative setting forth the Cost Costs of the Project and stating that, except for amounts not then due and payable or the liability for the payment of which is being contested or disputed by the BorrowerCollege, the acquisition, construction and equipping of the Project has have been completed substantially in accordance with the description thereof and the Plans and Specifications therefor and the Cost Costs of the Project has been paid. Such Notwithstanding the foregoing, such certificate shall state that it is given without prejudice to any rights against third parties which exist at the date .of of such certificate or which may subsequently come into being.

Appears in 1 contract

Samples: Loan Agreement

Establishment of Completion Date. The Completion Date for the construction of the Project shall be evidenced to the Issuer and the Trustee by a certificate delivered to Certificate in the Trustee and form attached as Exhibit B hereto signed by a Company Representative stating (i) the Borrower Representative setting forth Costs of the Cost Project, (ii) that the acquisition, construction, furnishing and equipping of the Project have been completed and stating the date thereof, and (ii) that, except for amounts retained by the Trustee for the Costs of the Project not then due and payable or the liability for the payment of which is being contested or disputed by the Borrowerpayable, if any, the construction of the Project has been completed in accordance with the description thereof and the Plans and Specifications therefor and the Cost full Costs of the Project has been paid. Such Notwithstanding the foregoing, such certificate shall state that it is given without prejudice to any rights against third parties which exist at the date .of of such certificate or which subsequently may subsequently come into being.

Appears in 1 contract

Samples: Lease Agreement (Tempur Pedic International Inc)

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Establishment of Completion Date. The Completion Date for the construction of the Project shall be evidenced to the Issuer and the Trustee by a certificate delivered to the Trustee and signed by an Authorized Representative of the Borrower Representative setting forth Company stating (a) the Cost of the Project Project, (b) that the acquisition, construction and stating that, except for amounts not then due and payable or the liability for the payment of which is being contested or disputed by the Borrower, the construction equipping of the Project has been completed substantially in accordance with Section 3.2 hereof, and (c) that, except for amounts retained by the description thereof Trustee for the Cost of the Project not then due and payable, the Plans and Specifications therefor and the full Cost of the Project has been paid. Such Notwithstanding the foregoing, such certificate shall state that it is given without prejudice to any rights against third parties which exist at the date .of of such certificate or which may subsequently come into being.

Appears in 1 contract

Samples: Loan Agreement (Leiner Health Products Inc)

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