Common use of PAYMENT REQUEST DOCUMENTS Clause in Contracts

PAYMENT REQUEST DOCUMENTS. The Company shall have submitted to Bank, and Bank shall have approved, the following documents (collectively, the "PAYMENT REQUEST DOCUMENTS") with request to such disbursement, each of which shall be in form and substance satisfactory to Bank and duly executed by the appropriate parties: (i) a certificate, signed by a responsible officer of the Company, confirming the satisfaction of each of the conditions set forth in SUBPARAGRAPH A.5(a) of this APPENDIX I; (ii) a "PAYMENT REQUEST," in duplicate, in such form as Bank shall from time to time require, together with a report, certified as true and correct by a responsible officer of the Company, setting forth such details concerning the progress of the reconstruction work as Bank may require, including without limitation: (A) a detailed breakdown of all restoration costs covered by the Reconstruction Budget, including an itemization of (1) all costs accrued as of the date of such Payment Request, (2) all costs accrued and unpaid as of such date, (3) all costs projected to be necessary to complete the restoration work, and (4) the application of all past disbursements; (B) a current Construction Schedule (any revisions shown thereon from the previous Construction Schedule shall be subject to Bank's reasonable approval); and (C) all changes from the previous report which are known or reasonably anticipated by the Company; (iii) evidence of proper application of all past disbursements, including without limitation the following: an unconditional partial waiver of lien from each contractor and subcontractor, in form and substance satisfactory to Bank, covering the full amount of all past disbursements for direct construction costs through the date of the most recent disbursement; and an unconditional final waiver of lien, in form and substance satisfactory to Bank, from each contractor and each subcontractor who, as of the most recent disbursement, had completed the work covered by its contract or subcontract, covering the full amount due each such contractor or subcontractor; (iv) if Bank, upon the occurrence of an Event of Default, is requiring that Disbursements to Claimants be made by the cashier's check, a completed "Request for Cashier's Checks," in form and substance acceptable to Bank; (v) specific assignments to Bank of all agreements, permits and licenses issued in connection with or required for the restoration work for which such specific assignments shall not have previously been delivered to Bank, together with signed consents to such assignments where deemed appropriate by Bank; (vi) if any part of the disbursement is for site preparation and grading, a certificate from a soils engineer acceptable to Bank that such work and all grading and site preparation then in process or completed are in compliance with the recommendations specified in such soils engineer's soils test report; (vii) such title insurance endorsements to the Title Policy as Bank may require, including, without limitation, endorsements reflecting the date and the amount of the requested disbursement and insuring the continued priority of the liens of the Deed of Trust over mechanics' and other liens, subject to no exceptions to title other than those which have been approved by Bank; and

Appears in 1 contract

Sources: Reimbursement Agreement (Rykoff Sexton Inc)

PAYMENT REQUEST DOCUMENTS. The Company shall have submitted to the Bank, and the Bank shall have approved, the following documents (collectively, the "PAYMENT REQUEST DOCUMENTSPayment Request Documents") with request respect to such disbursementDisbursement, each of which shall be in form and substance satisfactory to the Bank and duly executed by the appropriate parties: (i) a certificate, signed by a responsible officer an Authorized Representative of the Company, confirming the satisfaction of each of the conditions set forth in SUBPARAGRAPH A.5(aSubparagraph A.3(a) of this APPENDIX Appendix I; (ii) a "PAYMENT REQUESTPayment Request," in duplicate, in the form of Schedule A attached hereto or in such other form as the Bank shall from time to time require, together with a report, certified as true and correct by a responsible officer an Authorized Representative of the Company, setting forth such details concerning the progress construction of the reconstruction work Project as the Bank may require, including without limitation: (A) a detailed breakdown of all restoration costs covered by the Reconstruction BudgetProject Costs, including an itemization of (1) all costs Project Costs accrued as of the date of such Payment Request, (2) all costs Project Costs accrued and unpaid as of such date, (3) all costs Project Costs projected to be necessary to complete the restoration workProject, and (4) the application of all past disbursementsDisbursements; (B) a current Construction Schedule construction progress schedule; (any revisions shown thereon from C) the previous Construction Schedule shall be subject Company's and the Contractor's cost breakdowns for the Project, itemized as to trade description and item and, if requested by the Bank, showing the name of each contractor and subcontractor, and including, without limitation, such indirect costs as real estate taxes, legal and accounting fees, insurance, architects' and engineers' fees, loan fees, interest during construction, and the Contractor's reasonable approval)and the Company's overhead; and (CD) all changes from the previous report which are known or reasonably anticipated by the Company; (iii) evidence of proper application of all past disbursementsDisbursements, including without limitation the following, if required by the Bank: an unconditional partial waiver of lien lien, from the Contractor and each contractor and subcontractor, in form and substance satisfactory to the Bank, covering the full amount of all past disbursements Disbursements for direct construction costs through the date of the most recent disbursement; Disbursement, and an unconditional final waiver of lien, in form and substance satisfactory to Bank, from each contractor and each subcontractor who, as of the most recent disbursement, had completed the work covered by its contract or subcontract, covering the full amount due each such contractor or subcontractor; (iv) if Bank, upon the occurrence of an Event of Default, is requiring that Disbursements to Claimants be made by the cashier's check, a completed "Request for Cashier's Checks," in form and substance acceptable to Bank; (v) specific assignments to Bank of all agreements, permits and licenses issued in connection with or required for the restoration work for which such specific assignments shall not have previously been delivered to Bank, together with signed consents to such assignments where deemed appropriate by Bank; (vi) if any part of the disbursement is for site preparation and grading, a certificate from a soils engineer acceptable to Bank that such work and all grading and site preparation then in process or completed are in compliance with the recommendations specified in such soils engineer's soils test report; (vii) such title insurance endorsements to the Title Policy as Bank may require, including, without limitation, endorsements reflecting the date and the amount of the requested disbursement and insuring the continued priority of the liens of the Deed of Trust over mechanics' and other liens, subject to no exceptions to title other than those which have been approved by Bank; andof

Appears in 1 contract

Sources: Reimbursement Agreement (Calavo Growers Inc)