Common use of Lessee Certification Clause in Contracts

Lessee Certification. Lessee, as Construction Agent, shall have furnished Lessor and Agent with a certification of Lessee, as Construction Agent, to the effect that: (i) The representations and warranties of Lessee with respect to such Site set forth in Section 4.1(i) are true and correct as of the Completion Date for such Facility in all material respects. All amounts owing to third parties for the construction of the Facility have been paid in full (other than contingent obligations for which Lessee, as 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 related Site Acquisition Date that materially and adversely effect the value, utility or economic useful life of such Site.

Appears in 1 contract

Sources: Participation Agreement (Genesis Health Ventures Inc /Pa)

Lessee Certification. LesseeUpon completion of the punchlist items for -------------------- the New Facility, as Construction Agent, Agent shall have furnished furnish Lessor and Agent with a certification of Lessee, as Construction Agent, Agent to the effect that: (i) The representations and warranties of Lessee with respect to such the Site set forth in Section 4.1(i) are true and correct as of the Completion Date for date of -------------- completion of all such Facility in all material respectspunchlist items. All amounts owing to third parties for the construction of the New Facility have been paid in full (other than contingent obligations for which Lessee, as Lessee or Construction Agent, 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 related Site Acquisition Date date of the certification from Lessee specified in Section 3.4(d) that materially and adversely effect have had a Material Adverse Effect on the value, utility use or economic -------------- useful life of such the Site.

Appears in 1 contract

Sources: Participation Agreement (Smart & Final Inc/De)

Lessee Certification. Upon completion of the punchlist items for any Facility, Lessee, as Construction Agent, shall have furnished furnish Lessor and Agent with a certification of Lessee, as Construction Agent, to the effect that: (i) The representations and warranties of Lessee with respect to such the applicable Site set forth in Section 4.1(i) are true and correct as of the Completion Date for date of completion of all such Facility in all material respectspunchlist items. All amounts owing to third parties for the construction of the Facility have been paid in full (other than contingent obligations for which Lessee, as Construction Agent, Lessee 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 related Site Acquisition Date date of the certification from Lessee specified in Section 3.4(d) that materially and adversely effect have had a Material Adverse Effect on the value, utility use or economic useful life of such Site.

Appears in 1 contract

Sources: Participation Agreement (Genesis Health Ventures Inc /Pa)