Requisition Procedure. No disbursement from the Acquisition Fund shall be made unless and until Lessor has approved such requisition. Prior to disbursement from the Acquisition Fund [or the Expense Fund], Sub-Lessee shall file with the Acquisition Fund Custodian a requisition for such payment in the form of Disbursement Request attached hereto as Schedule 1, stating each amount to be paid and the name of the person, firm or corporation to whom payment thereof is due. Each such requisition shall be signed by an authorized representative of Sub-Lessee (an “Authorized Representative”) and by ▇▇▇▇▇▇, and shall[, except in the case of a requisition from the Expense Fund,] be subject to the following: 1. Delivery to Lessor of a certificate of Sub-Lessee to the effect that: (i) an obligation in the stated amount has been incurred by Sub-Lessee, and that the same is a proper charge against the Acquisition Fund for costs relating to the Equipment identified in the Lease, and has not been paid; (ii) the Authorized Representative has no notice of any vendor’s, mechanic’s or other liens or rights to liens, chattel mortgages, conditional sales contracts or security interest which should be satisfied or discharged before such payment is made; (iii) such requisition contains no item representing payment on account, or any retained percentages which Sub- Lessee is, at the date of such certificate, entitled to retain; and (iv) the Equipment is insured in accordance with the Lease. 2. Delivery to Lessor of an Acceptance Certificate executed by Sub-Lessee together with invoices evidencing transfer of title to the Equipment from the vendor or supplier thereof to Sub-Lessee. 3. The disbursement shall occur during the Acquisition Period set forth in the Schedule applicable to such Equipment. 4. There shall exist no Event of Default under the Lease (nor any event which, with notice or lapse of time or both, would become an Event of Default).
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Requisition Procedure. No disbursement from the Acquisition Escrow Fund shall be made unless and until Lessor has approved such requisitionrequisition in writing. Prior to disbursement from the Acquisition Fund [or the Expense Escrow Fund], Sub-Lessee there shall file be filed with the Acquisition Fund Custodian Escrow Agent a requisition for such payment in the form of Disbursement Request attached hereto as Schedule 1, stating each amount to be paid and the name of the person, firm or corporation to whom payment thereof is due. Each such requisition shall be signed by an authorized representative of Sub-Lessee (an “Authorized Representative”) and by ▇▇▇▇▇▇, and shall[, except in the case of a requisition from the Expense Fund,] shall be subject to the following:
1. Delivery to Lessor of a certificate of Sub-Lessee to an executed Disbursement Request in the effect form attached hereto as Schedule 1 certifying that:
(i) an obligation in the stated amount has been incurred by Sub-Lessee, ▇▇▇▇▇▇ and that the same is a proper charge against the Acquisition Escrow Fund for costs relating to the Equipment identified in the Lease, and has not been paid;
paid (or has been paid by ▇▇▇▇▇▇ and ▇▇▇▇▇▇ requests reimbursement thereof); (ii) the Authorized Representative has no notice of any vendor’s, mechanic’s or other liens or rights to liens, chattel mortgages, conditional sales contracts or security interest which should be satisfied or discharged before such payment is made; (iii) such requisition contains no item representing payment on account, or any retained percentages which Sub- Lessee is, at the date of such certificate, entitled to retainretain (except to the extent such amounts represent a reimbursement to Lessee); and (iv) the Equipment is insured in accordance with the Lease.
2. Delivery to Lessor of an Acceptance Certificate executed by Sub; (v) no Non-Lessee together with invoices evidencing transfer of title to the Equipment from the vendor Appropriation Event or supplier thereof to Sub-Lessee.
3. The disbursement shall occur during the Acquisition Period set forth in the Schedule applicable to such Equipment.
4. There shall exist no Event of Default under the Lease (nor any event which, with notice or lapse of time or both, would become a Non- Appropriation Event or an Event of Default)) has occurred and is continuing; (vi) no Material Adverse Change has occurred since the date of the execution of the Lease; and (vii) the representations, warranties and covenants of Lessee set forth in the Lease are true and correct as of the date thereof.
2. Delivery to Lessor of invoices (and proofs of payment of such invoices, if ▇▇▇▇▇▇ seeks reimbursement) and bills of sale (if title to such Equipment has passed to Lessee) therefor and any additional documentation reasonably requested by ▇▇▇▇▇▇; and
3. The disbursement shall occur prior to November __, 2025.
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