Construction Certificate. If an independent inspector has been employed by Agent pursuant to Section 14(D), a certificate or report of such inspector to the effect that the construction of the Improvements to the date thereof has been performed in a good and workmanlike manner and in accordance with the Plans, stating the estimated total cost of construction of the Improvements, stating the percentage of in-place construction of the Improvements, and stating that the remaining non-disbursed portion of the Commitment is adequate to complete the construction of the Improvements.
Construction Certificate. With respect to any Site Improvement Costs to be paid or reimbursed using the proceeds of such Advance, the Certificate Holders and Agent shall have received, at least three (3) days prior to the applicable Funding Date, a Construction Certificate in the form of Exhibit J hereto (a "CONSTRUCTION CERTIFICATE"), together with all attachments thereto.
Construction Certificate. Agent Lessor shall have received a certificate from the Construction Agent (substantially in the form of Exhibit H), certifying that (i) after giving effect to the applicable Advance, the estimated as yet unpaid cost to the Construction Agent of completing the Construction pursuant to the Construction Documents will not exceed the aggregate Available Commitments, net of any portion of the aggregate Available Commitments that shall be allocated for Advances in respect of Capitalized Tranche A and Tranche B Basic Rent, Capitalized Tranche C Equity Basic Rent, Fees and Transaction Expenses, (ii) the portion of the aggregate Available Commitments allocated to each item described in the Approved Construction Budget, as such amounts may be adjusted pursuant to Section 3.2(b) of the Construction Agency Agreement, plus the portion of the aggregate Available Commitments allocated to the contingency reserve in the Approved Construction Budget (to the extent such contingency funds have not theretofore been set aside by the Construction Agent for the payment of overruns in other cost categories) is sufficient to pay in full the costs to which each such amount in the Approved Construction Budget is allocated and to complete the construction of each such item in accordance with the Approved Plans and Specifications and to timely achieve each Critical Path Deadline Date, (iii) the Premises are being improved in a good and workmanlike manner and in accordance with the Approved Plans and Specifications, and the contemplated use thereof by Lessee will comply with Requirements of Law (including all zoning and land use laws and Environmental Laws), (iv) the progress of the Construction is such that Substantial Completion of the Financed Improvements can occur on or prior to the Outside Completion Date (and specifying the stage and percentage of completion which has been achieved by each of the various trades engaged in the construction of the Financed Improvements), and the Construction is proceeding in accordance with the Approved Construction Schedule and the Approved Construction Budget, and (v) the amount of the Advance (other than amounts attributable to Capitalized Tranche A and Tranche B Basic Rent, Capitalized Tranche C Equity Basic Rent or amounts used to Fund Fees or Transaction Expenses) is not greater than the actual value of the materials incorporated into the Financed Improvements and the work and labor performed in connection therewith, and is not greater than ...
Construction Certificate. Administrative Agent shall have ------------------------ received (with copies for Trustee/Lessor and each Lender), at least three (3) Business Days prior to the applicable Advance Date, the most recent Construction Progress Report issued by CCM Consulting Group. (l2) Third Party Approvals. All material third party approvals --------------------- necessary for the operation and use of the Equipment and for Lessee to perform its obligations with respect to the Lease shall have been obtained.
Construction Certificate. [INTENTIONALLY OMITTED]
Construction Certificate. With respect to any Property Improvement Costs to be paid or reimbursed using the proceeds of such Advance, the Administrative Agent and the Lessor shall have received, at least three (3) Business Days prior to the applicable Funding Date, a Construction Certificate in the form of EXHIBIT B hereto (a "CONSTRUCTION CERTIFICATE"), together with all attachments thereto.
Construction Certificate. 9 (c) As-Built Appraisal......................................................................9 (d) Value of Property.......................................................................9 (e) Fees....................................................................................9 (f) Representation and Warranties...........................................................9 (g) Litigation.............................................................................10 (h) Performance by Lessees.................................................................10 (i) Default or Event of Default............................................................10 (j) Available Commitments; Property Balance................................................10 (k)
Construction Certificate. That Lender receive from the Project Manager (as that term is defined in the construction contracts) or, if an independent inspector has been employed by Lender pursuant to Section 12.3, a certificate or report of such inspector to the effect that the construction of the Improvements to the date thereof has been performed in a good and workmanlike manner and in accordance with the Plans, stating the estimated total cost of construction of the Improvements, stating the percentage of in-place construction of the Improvements, and stating that the remaining non-disbursed portion of the loan is adequate to complete the construction of the Improvements, in the form attached hereto as Exhibit B.
Construction Certificate. If an independent inspector has been employed by Agent pursuant to Section.14(D), a certificate or report of such inspector to the effect that the construction of the Improvements to the date thereof has been performed in a good and workmanlike manner and in accordance with the Plans, stating the estimated total cost of construction of the Improvements, stating the percentage of in-place construction of the Improvements, and stating that the remaining non-disbursed portion of the Commitment is adequate to complete the construction of the Improvements. Construction and Term Loan Supplement RI0218T01 Lincolnway Energy, LLC Nevada, Iowa -5-
Construction Certificate. With respect to any Construction Costs to be paid or reimbursed using the proceeds of such Advance, Administrative Agent shall have received from Construction Agent, prior to or contemporaneously with the applicable Advance Request, a Construction Certificate in the form of EXHIBIT H hereto (a "CONSTRUCTION CERTIFICATE"), together with all attachments thereto.
