Common use of Additional Closing Deliveries Clause in Contracts

Additional Closing Deliveries. Lender shall have received the following on the date hereof in form and substance satisfactory to Lender: (i) An opinion or opinions from counsel for Borrower and Guarantor; (ii) Current UCC, tax and judgment searches made in such places as Lender may specify, covering Borrower and showing no filings relating to, or which could relate to, the Property other than those made hereunder; (iii) Evidence of the insurance required under Section 6.01 hereof; (iv) A commitment to issue a Title Policy with respect to the Deed of Trust and the Secured Guaranty Deed of Trust, together with copies of all documentation evidencing exceptions raised therein; (v) A certificate of a secretary or assistant secretary of Borrower certifying as to (A) the operating agreement of Borrower, (B) the authorizing resolutions of Borrower, and (C) incumbency and specimen signatures of signatories for Borrower, together with (D) a copy of the Certificate of Formation for Borrower certified by the Delaware Secretary of State as of a recent date, and (E) a certificate of good standing as of a recent date for Borrower from the Delaware Secretary of State, and (F) a certificate of good standing as of a recent date for Borrower from the California Secretary of State; (vi) A certificate of an authorized officer of each ▇▇▇▇▇▇▇ Guarantor, certifying as to (A) the operating agreement or limited partnership agreement, as applicable, of such ▇▇▇▇▇▇▇ Guarantor, (B) the authorizing resolutions of such ▇▇▇▇▇▇▇ Guarantor, and (C) incumbency and specimen signatures of signatories for such ▇▇▇▇▇▇▇ Guarantor, together with (D) a copy of the Certificate of Formation or Certificate of Limited Partnership, as applicable, for such ▇▇▇▇▇▇▇ Guarantor, certified by the Delaware Secretary of State as of a recent date, and (E) a certificate of good standing as of a recent date for such ▇▇▇▇▇▇▇ Guarantor from the Delaware Secretary of State as of a recent date; (vii) A certificate of an authorized officer of each Dune Guarantor, certifying as to (A) the authorizing resolutions of such Dune Guarantor, and (B) incumbency and specimen signatures of signatories for such Dune Guarantor, together with (C) a copy of the Certificate of Limited Partnership for such Dune Guarantor, certified by the Delaware Secretary of State as of a recent date, and (D) a certificate of good standing as of a recent date for such Dune Guarantor from the Delaware Secretary of State as of a recent date; (viii) An ALTA survey of the Property certified in a manner acceptable to Lender (the “Survey”); (ix) If required by Lender, evidence indicating whether the Property is located within a one hundred year flood plain or identified as a special flood hazard area as defined by the Federal Insurance Administration; and, if so, a flood notification form signed by the Borrower and evidence that flood insurance is in place for the building and contents, all in form and substance satisfactory to Lender; (x) An Appraisal of the Property and the Other Property showing the Combined Loan-to-Value Ratio to be no more than seventy percent (70%); (xi) Evidence satisfactory to Lender that the Property and the Other Property satisfy a Combined Debt Yield Ratio of not less than eleven percent (11%); (xii) Evidence satisfactory to Lender that the Property and the Other Property satisfy a Combined Debt Service Coverage Ratio of not less than 1.50:1.00; (xiii) Evidence satisfactory to Lender showing that the Combined Loan Amount does not exceed seventy percent (70%) of the aggregate purchase price paid by Borrower, 3001 Mission Oaks and 3233 Mission Oaks for the acquisition of the Property and the Other Property; (xiv) If required by Lender, a so-called “PML” report with respect to the Property, which shall address (a) the probable maximum loss that is likely to be sustained by the Property in the event of an earthquake or other seismic casualty at or affecting the Property, and (b) likelihood and likely intensity of an earthquake or other seismic casualty at or affecting the Property; (xv) Copies of all Leases covering any portion of the Property and/or the Improvements; (xvi) If required by Lender, a fully executed subordination, non-disturbance and attornment agreement and a tenant estoppel certificate executed by each tenant under a Lease, all in form and substance acceptable to Lender; (xvii) If required by Lender, evidence indicating compliance by the Improvements with applicable zoning requirements (without requirement for a variance); (xviii) If required by Lender, an environmental report with respect to the Property prepared by an environmental consultant acceptable to Lender; (xix) A Physical Conditions Report; (xx) A Certification of Non-Foreign Status with respect to Borrower; (xxi) A signed IRS Form W8 and W9 with respect to Borrower, as applicable; (xxii) Evidence that Borrower has retained JPMorgan Chase Bank, N.A. as its principal depository bank for property operating accounts related to the Property, and, to the extent permitted by law and contractual agreements, tenant security deposits for the Property; (xxiii) The most recently available financial statements of each Guarantor; and (xxiv) Such other information and documents as Lender may require.

Additional Closing Deliveries. Lender shall have received the following on the date hereof in form and substance satisfactory to Lender: (i) An opinion or opinions from counsel for Borrower and Guarantor; (ii) Current UCC, tax and judgment searches made in such places as Lender may specify, covering Borrower and showing no filings relating to, or which could relate to, the Property other than those made hereunder; (iii) Evidence of the insurance required under Section 6.01 hereof; (iv) A commitment to issue a Title Policy with respect to the Deed of Trust and the Secured Guaranty Deed of Trust, together with copies of all documentation evidencing exceptions raised therein; (v) A certificate of a secretary or assistant secretary of Borrower certifying as to (A) the operating agreement of Borrower, (B) the authorizing resolutions of Borrower, and (C) incumbency and specimen signatures of signatories for Borrower, together with (D) a copy of the Certificate of Formation for Borrower certified by the Delaware Secretary of State as of a recent date, and (E) a certificate of good standing as of a recent date for Borrower from the Delaware Secretary of State, and (F) a certificate of good standing as of a recent date for Borrower from the California Secretary of State; (vi) A certificate of an authorized officer of each ▇▇▇▇▇▇▇ Guarantor, certifying as to (A) the operating agreement or limited partnership agreement, as applicable, of such ▇▇▇▇▇▇▇ Guarantor, (B) the authorizing resolutions of such ▇▇▇▇▇▇▇ Guarantor, and (C) incumbency and specimen signatures of signatories for such ▇▇▇▇▇▇▇ Guarantor, together with (D) a copy of the Certificate of Formation or Certificate of Limited Partnership, as applicable, for such ▇▇▇▇▇▇▇ Guarantor, certified by the Delaware Secretary of State as of a recent date, and (E) a certificate of good standing as of a recent date for such ▇▇▇▇▇▇▇ Guarantor from the Delaware Secretary of State as of a recent date; (vii) A certificate of an authorized officer of each Dune Guarantor, certifying as to (A) the authorizing resolutions of such Dune Guarantor, and (B) incumbency and specimen signatures of signatories for such Dune Guarantor, together with (C) a copy of the Certificate of Limited Partnership for such Dune Guarantor, certified by the Delaware Secretary of State as of a recent date, and (D) a certificate of good standing as of a recent date for such Dune Guarantor from the Delaware Secretary of State as of a recent date; (viii) An ALTA survey of the Property certified in a manner acceptable to Lender (the “Survey”); (ix) If required by Lender, evidence indicating whether the Property is located within a one hundred year flood plain or identified as a special flood hazard area as defined by the Federal Insurance Administration; and, if so, a flood notification form signed by the Borrower and evidence that flood insurance is in place for the building and contents, all in form and substance satisfactory to Lender; (x) An Appraisal of the Property and the Other Property showing the Combined Loan-to-Value Ratio to be no more than seventy percent (70%); (xi) Evidence satisfactory to Lender that the Property and the Other Property satisfy a Combined Debt Yield Ratio of not less than eleven percent (11%); (xii) Evidence satisfactory to Lender that the Property and the Other Property satisfy a Combined Debt Service Coverage Ratio of not less than 1.50:1.00; (xiii) Evidence satisfactory to Lender showing that the Combined Loan Amount does not exceed seventy percent (70%) of the aggregate purchase price paid by Borrower, 3001 Mission Oaks and 3233 3175 Mission Oaks for the acquisition of the Property and the Other Property; (xiv) If required by Lender, a so-called “PML” report with respect to the Property, which shall address (a) the probable maximum loss that is likely to be sustained by the Property in the event of an earthquake or other seismic casualty at or affecting the Property, and (b) likelihood and likely intensity of an earthquake or other seismic casualty at or affecting the Property; (xv) Copies of all Leases covering any portion of the Property and/or the Improvements; (xvi) If required by Lender, a fully executed subordination, non-disturbance and attornment agreement and a tenant estoppel certificate executed by each tenant under a Lease, all in form and substance acceptable to Lender; (xvii) If required by Lender, evidence indicating compliance by the Improvements with applicable zoning requirements (without requirement for a variance); (xviii) If required by Lender, an environmental report with respect to the Property prepared by an environmental consultant acceptable to Lender; (xix) A Physical Conditions Report; (xx) A Certification of Non-Foreign Status with respect to Borrower; (xxi) A signed IRS Form W8 and W9 with respect to Borrower, as applicable; (xxii) Evidence that Borrower has retained JPMorgan Chase Bank, N.A. as its principal depository bank for property operating accounts related to the Property, and, to the extent permitted by law and contractual agreements, tenant security deposits for the Property; (xxiii) Evidence reasonably satisfactory to Lender that the term of the Technicolor Lease has been extended through a date no earlier than December 31, 2014, on terms and conditions satisfactory to Lender; (xxiv) The most recently available financial statements of each Guarantor; and (xxivxxv) Such other information and documents as Lender may require.

Additional Closing Deliveries. Lender shall have received the following on the date hereof in form and substance satisfactory to Lender: (i) An opinion or opinions from counsel for Borrower and Guarantor; (ii) Current UCC, tax and judgment searches made in such places as Lender may specify, covering Borrower and showing no filings relating to, or which could relate to, the Property other than those made hereunder; (iii) Evidence of the insurance required under Section 6.01 4.1(d) hereof, except that evidence of the Builder’s Risk insurance coverage described in Section II(A) of Exhibit C attached hereto shall be required to be furnished to Lender not later than 45 days after the Effective Date; (iv) A commitment to issue a the Title Policy with respect to the Deed of Trust and the Secured Guaranty Deed of TrustPolicy, together with copies of all documentation evidencing exceptions raised therein; (v) An ALTA/ACSM survey of the Property certified in a manner acceptable to Lender; (vi) A certificate of a secretary or assistant secretary Borrower’s operating member certifying on behalf of Borrower certifying as to (Ai) the operating or company agreement of Borrower, (B) the authorizing resolutions of Borrower, and (Cii) incumbency and specimen signatures the authorizing member consent or resolution of signatories for Borrower’s applicable members, together with (Dw) a copy of the Certificate of Formation for Borrower Borrower, certified by the Delaware Secretary of State as of a recent date, and (Ex) a copy of the certificate of authorization, qualification or registration for Borrower, certified by the Texas Secretary of State as of a recent date, (y) a copy of a certificate of existence and good standing as of a recent date for Borrower from the Delaware Secretary of State, and (Fz) copies of a certificate of good standing as of a recent date fact for Borrower from the California Secretary of State; (vi) A certificate of an authorized officer of each ▇▇▇▇▇▇▇ Guarantor, certifying as to (A) the operating agreement or limited partnership agreement, as applicable, of such ▇▇▇▇▇▇▇ Guarantor, (B) the authorizing resolutions of such ▇▇▇▇▇▇▇ Guarantor, and (C) incumbency and specimen signatures of signatories for such ▇▇▇▇▇▇▇ Guarantor, together with (D) a copy of the Certificate of Formation or Certificate of Limited Partnership, as applicable, for such ▇▇▇▇▇▇▇ Guarantor, certified by the Delaware Texas Secretary of State as of and a recent date, and (E) a certificate of franchise tax status verification for Borrower from the Texas Comptroller demonstrating that Borrower is in good standing as of a recent date for such ▇▇▇▇▇▇▇ Guarantor from the Delaware Secretary of State as of a recent datein Texas; (vii) A certificate of an authorized officer of each Dune Guarantor, certifying as to (A) the authorizing resolutions of such Dune Guarantor, and (B) incumbency and specimen signatures of signatories for such Dune Guarantor, together with (C) a copy of the Certificate of Limited Partnership for such Dune Guarantor, certified by the Delaware Secretary of State as of a recent date, and (D) a certificate of good standing as of a recent date for such Dune Guarantor from the Delaware Secretary of State as of a recent date; (viii) An ALTA survey of the Property certified in a manner acceptable to Lender (the “Survey”); (ix) If required by Lender, evidence indicating whether the Property is located within a one hundred year flood plain or identified as a special flood hazard area as defined by the Federal Insurance Administration; and, if so, a flood notification form signed by the Borrower and evidence that flood insurance is in place for the building and contents, all in form and substance satisfactory to Lender; (x) An Appraisal of the Property and the Other Property showing the Combined Loan-to-Value Ratio to be no more than seventy percent (70%); (xi) Evidence satisfactory to Lender that the Property and the Other Property satisfy a Combined Debt Yield Ratio of not less than eleven percent (11%); (xii) Evidence satisfactory to Lender that the Property and the Other Property satisfy a Combined Debt Service Coverage Ratio of not less than 1.50:1.00; (xiii) Evidence satisfactory to Lender showing that the Combined Loan Amount does not exceed seventy percent (70%) of the aggregate purchase price paid by Borrower, 3001 Mission Oaks and 3233 Mission Oaks for the acquisition of the Property and the Other Property; (xiv) If required by Lender, a so-called “PML” report with respect to the Property, which shall address (a) the probable maximum loss that is likely to be sustained by the Property in the event of an earthquake or other seismic casualty at or affecting the Property, and (b) likelihood and likely intensity of an earthquake or other seismic casualty at or affecting the Property; (xv) Copies of all Leases covering any portion of the Property and/or the Improvements; (xvi) If required by Lender, a fully executed subordination, non-disturbance and attornment agreement and a tenant estoppel certificate executed by each tenant under a Lease, all in form and substance acceptable to Lender; (xvii) If required by Lender, evidence indicating compliance by the Improvements with applicable zoning requirements (without requirement for a variance); (xviii) If required by Lender, an environmental report with respect to the Property prepared by an environmental consultant acceptable to Lender; (xix) A Physical Conditions Report; (xx) A Certification of Non-Foreign Status with respect to Borrower; (xxi) A signed IRS Form W8 and W9 with respect to Borrower, as applicable; (xxii) Evidence that Borrower has retained JPMorgan Chase Bank, N.A. as its principal depository bank for property operating accounts related to the Property, and, to the extent permitted by law and contractual agreements, tenant security deposits for the Property; (xxiii) The most recently available financial statements of each Guarantor; and (xxiv) Such other information and documents as Lender may require.

Additional Closing Deliveries. Lender shall have received the following on the date hereof (or on the date as specified below) in form and substance satisfactory to Lender: (i) An opinion or opinions from counsel for Borrower and Guarantor; (ii) Current UCC, tax and judgment searches made in such places as Lender may specify, covering Borrower and showing no filings relating to, or which could relate to, the Mortgaged Property other than those made hereunder; (iii) Evidence of the insurance required under Section 6.01 7.01 hereof; (iv) A commitment to issue a the Title Policy with respect to the Deed of Trust and the Secured Guaranty Deed of TrustPolicy, together with copies of all documentation evidencing exceptions raised therein; (v) A certificate of a secretary or assistant secretary of Borrower certifying as to (A) the operating agreement of Borrower, (B) the authorizing resolutions of Borrower, and (C) incumbency and specimen signatures of signatories for Borrower, together with (D) a copy of the Certificate of Formation for Borrower certified by the Delaware Secretary of State as of a recent date, and (E) a certificate of good standing as of a recent date for Borrower from the Delaware Secretary of State, and (F) a certificate of good standing as of a recent date for Borrower from the California Secretary of State; (vi) A certificate of an authorized officer of each ▇▇▇▇▇▇▇ Guarantor, certifying as to (A) the operating agreement or limited partnership agreement, as applicable, of such ▇▇▇▇▇▇▇ Guarantor, (B) the authorizing resolutions of such ▇▇▇▇▇▇▇ Guarantor, and (C) incumbency and specimen signatures of signatories for such ▇▇▇▇▇▇▇ Guarantor, together with (D) a copy of the Certificate of Formation or Certificate of Limited Partnership, as applicable, for such ▇▇▇▇▇▇▇ Guarantor, certified by the Delaware Secretary of State as of a recent date, and (E) a certificate of good standing as of a recent date for such ▇▇▇▇▇▇▇ Guarantor from the Delaware Secretary of State as of a recent date; (vii) A certificate of an authorized officer of each Dune Guarantor, certifying as to (A) the authorizing resolutions of such Dune Guarantor, and (B) incumbency and specimen signatures of signatories for such Dune Guarantor, together with (C) a copy of the Certificate of Limited Partnership for such Dune Guarantor, certified by the Delaware Secretary of State as of a recent date, and (D) a certificate of good standing as of a recent date for such Dune Guarantor from the Delaware Secretary of State as of a recent date; (viii) An ALTA ALTA/ACSM survey of the Property certified in a manner acceptable to Lender (the “Survey”); (vi) A certificate of a secretary or assistant secretary of Borrower certifying as to (i) the operating agreement for Borrower, (ii) the authorizing resolution of Borrower, and (iii) incumbency and specimen signatures of signatories for Borrower, together with (w) a copy of the Certificate of Formation for Borrower, certified by the Delaware Secretary of State as of a recent date, (x) a copy of the Certificate of Authorization for Borrower, certified by the Texas Secretary of State as of a recent date, (y) certificate of existence and good standing as of a recent date for Borrower from the Delaware Secretary of State, and (z) certificates of existence and account status as of a recent date for Borrower from the Texas Secretary of State; (vii) A certificate of a secretary or assistant secretary of Guarantor certifying as to (i) the operating agreement for Guarantor, (ii) the authorizing resolution of Guarantor, and (iii) incumbency and specimen signatures of signatories for Guarantor, together with (y) a copy of the Certificate of Formation for Guarantor, certified by the Delaware Secretary of State as of a recent date, and (z) certificate of existence and good standing as of a recent date for Guarantor from the Delaware Secretary of State; (viii) A copy of the contract to purchase the Property and the related closing statement, certified as true, correct and complete by Borrower; (ix) If required by Lender, evidence Evidence indicating whether the Property is located within a one hundred year flood plain or identified as a special flood hazard area as defined by the Federal Insurance AdministrationEmergency Management Agency; and, if so, a flood notification form signed by the Borrower and evidence that flood insurance is in place for the building and contents, all in form and substance satisfactory to Lender; (x) An Appraisal of the Property and the Other Property showing the Combined Loan-to-Value Ratio to be no more than seventy sixty-six percent (7066.0%); (xi) Evidence satisfactory A soils report with respect to Lender that the Property prepared by an engineer acceptable to Lender, and copies of all other inspection and test reports with respect to the Other Property satisfy a Combined Debt Yield Ratio of not less than eleven percent (11%)made by or for Borrower; (xii) Evidence satisfactory An environmental report with respect to Lender that the Property and the Other Property satisfy a Combined Debt Service Coverage Ratio of not less than 1.50:1.00prepared by an environmental consultant acceptable to Lender; (xiii) Evidence satisfactory to Lender showing that the Combined Loan Amount does not exceed seventy percent (70%) of the aggregate purchase price paid by Borrower, 3001 Mission Oaks and 3233 Mission Oaks for the acquisition of the Property and the Other Property; (xiv) If required by Lender, a so-called “PML” report with respect to the Property, which shall address (a) the probable maximum loss that is likely to be sustained by the Property in the event of an earthquake or other seismic casualty at or affecting the Property, and (b) likelihood and likely intensity of an earthquake or other seismic casualty at or affecting the Property; (xv) Copies of all Leases covering any portion of the Property and/or the Improvements; (xvi) If required by Lender, a fully executed subordination, non-disturbance and attornment agreement and a tenant estoppel certificate executed by each tenant under a Lease, all in form and substance acceptable to Lender; (xvii) If required by Lender, evidence indicating compliance by the Improvements with applicable zoning requirements (without requirement for a variance); (xviiixiv) If required by Lender, an environmental report with respect to The Architect’s Certificate within thirty (30) days of the Property prepared by an environmental consultant acceptable to LenderClosing Date; (xixxv) A Physical Conditions ReportEvidence that all utilities and municipal services required for the construction and operation of the Improvements are available at the Property within thirty (30) days of the Closing Date; (xxxvi) The most recent available financial statements of Guarantor; (xvii) Evidence satisfactory to Lender that the Loan-to-Cost Ratio is no more than seventy percent (70.0%); (xviii) A Certification of Non-Foreign Status with respect to BorrowerStatus; (xxixix) A signed IRS Form W8 and W9 with respect to Borrower, W-8 or W-9 as applicable; (xxii) Evidence that Borrower has retained JPMorgan Chase Bank, N.A. as its principal depository bank for property operating accounts related to the Property, and, to the extent permitted by law and contractual agreements, tenant security deposits for the Property; (xxiii) The most recently available financial statements of each Guarantor; and (xxivxx) Such other information and documents as Lender may require.

Additional Closing Deliveries. Lender shall have received the following on the date hereof in form and substance satisfactory to Lender: (i) An opinion or opinions from counsel for Borrower and Guarantor; (ii) Current UCC, tax and judgment searches made in such places as Lender may specify, covering Borrower and showing no filings relating to, or which could relate to, the Property other than those made hereunder; (iii) Evidence of the insurance required under Section 6.01 hereof; (iv) A commitment to issue a Title Policy with respect to the Deed of Trust and the Secured Guaranty Deed of Trust, together with copies of all documentation evidencing exceptions raised therein; (v) A certificate of a secretary or assistant secretary of Borrower certifying as to (A) the operating agreement of Borrower, (B) the authorizing resolutions of Borrower, and (C) incumbency and specimen signatures of signatories for Borrower, together with (D) a copy of the Certificate of Formation for Borrower certified by the Delaware Secretary of State as of a recent date, and (E) a certificate of good standing as of a recent date for Borrower from the Delaware Secretary of State, and (F) a certificate of good standing as of a recent date for Borrower from the California Secretary of State; (vi) A certificate of an authorized officer of each ▇▇▇▇▇▇▇ Guarantor, certifying as to (A) the operating agreement or limited partnership agreement, as applicable, of such ▇▇▇▇▇▇▇ Guarantor, (B) the authorizing resolutions of such ▇▇▇▇▇▇▇ Guarantor, and (C) incumbency and specimen signatures of signatories for such ▇▇▇▇▇▇▇ Guarantor, together with (D) a copy of the Certificate of Formation or Certificate of Limited Partnership, as applicable, for such ▇▇▇▇▇▇▇ Guarantor, certified by the Delaware Secretary of State as of a recent date, and (E) a certificate of good standing as of a recent date for such ▇▇▇▇▇▇▇ Guarantor from the Delaware Secretary of State as of a recent date; (vii) A certificate of an authorized officer of each Dune Guarantor, certifying as to (A) the authorizing resolutions of such Dune Guarantor, and (B) incumbency and specimen signatures of signatories for such Dune Guarantor, together with (C) a copy of the Certificate of Limited Partnership for such Dune Guarantor, certified by the Delaware Secretary of State as of a recent date, and (D) a certificate of good standing as of a recent date for such Dune Guarantor from the Delaware Secretary of State as of a recent date; (viii) An ALTA survey of the Property certified in a manner acceptable to Lender (the “Survey”); (ix) If required by Lender, evidence indicating whether the Property is located within a one hundred year flood plain or identified as a special flood hazard area as defined by the Federal Insurance Administration; and, if so, a flood notification form signed by the Borrower and evidence that flood insurance is in place for the building and contents, all in form and substance satisfactory to Lender; (x) An Appraisal of the Property and the Other Property showing the Combined Loan-to-Value Ratio to be no more than seventy percent (70%); (xi) Evidence satisfactory to Lender that the Property and the Other Property satisfy a Combined Debt Yield Ratio of not less than eleven percent (11%); (xii) Evidence satisfactory to Lender that the Property and the Other Property satisfy a Combined Debt Service Coverage Ratio of not less than 1.50:1.00; (xiii) Evidence satisfactory to Lender showing that the Combined Loan Amount does not exceed seventy percent (70%) of the aggregate purchase price paid by Borrower, 3001 3175 Mission Oaks and 3233 Mission Oaks for the acquisition of the Property and the Other Property; (xiv) If required by Lender, a so-called “PML” report with respect to the Property, which shall address (a) the probable maximum loss that is likely to be sustained by the Property in the event of an earthquake or other seismic casualty at or affecting the Property, and (b) likelihood and likely intensity of an earthquake or other seismic casualty at or affecting the Property; (xv) Copies of all Leases covering any portion of the Property and/or the Improvements; (xvi) If required by Lender, a fully executed subordination, non-disturbance and attornment agreement and a tenant estoppel certificate executed by each tenant under a Lease, all in form and substance acceptable to Lender; (xvii) If required by Lender, evidence indicating compliance by the Improvements with applicable zoning requirements (without requirement for a variance); (xviii) If required by Lender, an environmental report with respect to the Property prepared by an environmental consultant acceptable to Lender; (xix) A Physical Conditions Report; (xx) A Certification of Non-Foreign Status with respect to Borrower; (xxi) A signed IRS Form W8 and W9 with respect to Borrower, as applicable; (xxii) Evidence that Borrower has retained JPMorgan Chase Bank, N.A. as its principal depository bank for property operating accounts related to the Property, and, to the extent permitted by law and contractual agreements, tenant security deposits for the Property; (xxiii) The most recently available financial statements of each Guarantor; and (xxiv) Such other information and documents as Lender may require.