Financed Improvements definition
Examples of Financed Improvements in a sentence
In this connection, Borrower agrees to and shall indemnify Lender from any liability, claim, or loss, together with attorneys' fees and costs, resulting from the disbursement of Loan proceeds or from the condition of the Financed Improvements, whether related to the quality of construction or otherwise, and whether arising during or after the term of the Loan.
Said Plans, which shall be prepared by an Architect, shall indicate the location of the Financed Improvements, the configuration and dimensions of the Applicable Resort, the means of access thereto, street lines, easements, the Common Elements, and other relevant details.
Borrower is not aware of any reasons (other than the completion of all requisite applications therefor in the ordinary course of business) why all Applicable Underlying Borrowers cannot obtain all necessary permits, licenses, certificates, franchises, consents, exemptions, orders, and approvals to develop and operate the Applicable Resorts and construct the Financed Improvements thereat.
In particular, Lender makes no representation and assumes no obligation as to third parties concerning the quality of the construction of the Financed Improvements by any Applicable Underlying Borrower or the absence therefrom of defects.
Neither Borrower nor Guarantor knows of any fact or condition that could adversely affect the construction of the Financed Improvements or the operation of all Applicable Resorts in accordance with all Applicable Laws, or impede or preclude Borrower's or Guarantor's performance of its Obligations pursuant to the Loan Documents.
The balance of any Holdback Amount retained by Lender and Borrower and not paid to an Applicable Underlying Borrower, a General Contractor, or a subcontractor, materialman, or other Person in connection with the construction of any Financed Improvements, all in accordance with the Applicable Underlying Loan Documents.
Lessor hereby authorizes Lessee, as the authorized representative of Lessor, to accept delivery of the Leased Property, including without limitation the Equipment and the Financed Improvements to be constructed on the Site[s], upon the Base Term Commencement Date.
Notwithstanding anything herein to the contrary, the acceptance of the Financed Improvements for purposes of this Lease shall not constitute and shall not be deemed to be acceptance thereof under any Project Agreement.
Subject to Section 6.2(c) hereof, if, in the judgment of Borrower, Lender, or Verification Agent, the total estimated costs of constructing the Financed Improvements exceed the maximum principal amount of the Applicable Underlying Loan, then the Applicable Underlying Loan Documents shall require the Applicable Underlying Borrower to invest immediately the amount of the difference in accordance with the requirements of the Applicable Underlying Loan Documents.
Lessee hereby agrees that, subject to Section 2.3(b), delivery at the Site and payment from Advances for any portion of the Financed Improvements shall, without further act, constitute the irrevocable acceptance by Lessee of all such Financed Improvements for all purposes of this Lease and the other Operative Documents on the terms set forth herein and therein and shall constitute Lessee's agreement to lease the Leased Property pursuant to the terms hereof during the Term.