OR REIMBURSE PROJECT COSTS.
THE
COMPANY SHALL SUBMIT TO THE PURCHASER ADVANCE REQUESTS IN THE FORM ATTACHED TO
THE BOND PURCHASE LOAN AGREEMENT PERTAINING TO THE PAYMENT OR REIMBURSEMENT OF
PROJECT COSTS.
EACH ADVANCE REQUEST SHALL BE SIGNED BY AN AUTHORIZED COMPANY
REPRESENTATIVE, AS AGENT FOR THE ISSUER, AND SHALL BE ACCOMPANIED BY ANY
SUPPORTING DOCUMENTATION REQUIRED BY THE PURCHASER. THE COMPANY, WHEN REQUESTING
ADVANCES ON BEHALF OF THE ISSUER, MAY REQUEST THE PURCHASER TO MAKE
REIMBURSEMENT PAYMENTS FOR PROJECT COSTS TO (I) SUPPLIERS, CONTRACTORS,
SUBCONTRACTORS, LABORERS, MATERIALMEN, OR PERSONS FURNISHING LABOR, SERVICES, OR
MATERIALS USED OR TO BE USED IN CONNECTION WITH THE PROJECT, (II) TO THE COMPANY
OR ANY AFFILIATE OF THE COMPANY TO REIMBURSE IT FOR PROJECT COSTS, OR (III) TO
ANY COMBINATION OF THE FOREGOING. EACH PAYMENT SHALL BE MADE IN LAWFUL MONEY OF
THE UNITED STATES BY CHECK, WIRE TRANSFER OR BY INTERBANK OR INTRABANK TRANSFER
OF FUNDS, AS DIRECTED BY THE AUTHORIZED COMPANY REPRESENTATIVE IN SUCH
PARTICULAR ADVANCE REQUEST.
THE CUSTODIAN MAY ACT IN RELIANCE UPON ANY
INSTRUMENT OR SIGNATURE REASONABLY BELIEVED BY IT TO BE GENUINE AND AUTHORIZED.
SECTION 4.5.
OBLIGATION OF THE PARTIES TO COOPERATE IN FURNISHING
DOCUMENTS; RELIANCE OF THE CUSTODIAN.
THE ISSUER AGREES TO COOPERATE WITH THE
COMPANY IN FURNISHING TO THE PURCHASER THE DOCUMENTS REFERRED TO IN THIS ARTICLE
THAT ARE REQUIRED TO EFFECT DISBURSEMENTS FROM THE PROJECT FUND.
14
SECTION 4.6.
ESTABLISHMENT OF COMPLETION DATE.
WHEN THE PROJECT HAS
BEEN SUBSTANTIALLY COMPLETED, SUCH SUBSTANTIAL COMPLETION SHALL BE EVIDENCED TO
THE ISSUER, TO THE CUSTODIAN AND TO THE HOLDER BY A CERTIFICATE OF SIGNED BY THE
AUTHORIZED COMPANY REPRESENTATIVE AND STATING (1) THAT THE RENOVATION OF THE
LEASED IMPROVEMENTS HAS BEEN SUBSTANTIALLY COMPLETED (2) ALL OF THE LEASED
EQUIPMENT HAS BEEN ACQUIRED AND INSTALLED AT THE LEASED LAND AND (3) ALL PROJECT
COSTS HAVE BEEN PAID EXCEPT FOR AMOUNTS WHICH EITHER ARE (I) NOT YET DUE AND
PAYABLE OR (II) ARE BEING CONTESTED (THE ESTIMATED AMOUNT OF SUCH NOT YET DUE OR
CONTESTED AMOUNTS BEING SET FORTH IN THE CERTIFICATE).
SECTION 4.7.
COMPANY REQUIRED TO PAY THE COMPANY'S PROJECT COSTS.
THE ISSUER DOES NOT MAKE ANY WARRANTY, EITHER EXPRESS OR IMPLIED, THAT THE BOND
PROCEEDS WILL BE SUFFICIENT TO PAY ALL OF THE PROJECT COSTS. THE COMPANY AGREES
THAT THE COMPANY SHALL PAY, FROM ITS OWN FUNDS, ANY PROJECT COSTS IN EXCESS OF
THE PROJECT COSTS TO BE PAID WITH BOND PROCEEDS, AND THAT IT SHALL NOT BE
ENTITLED TO ANY REIMBURSEMENT THEREFOR FROM THE ISSUER OR FROM THE HOLDER, NOR
SHALL IT BE ENTITLED TO ANY DIMINUTION OF THE AMOUNTS PAYABLE UNDER SECTION 5.3
HEREOF.
SECTION 4.8.
AUTHORIZED COMPANY AND AUTHORITY REPRESENTATIVES AND
SUCCESSORS.
THE COMPANY AND THE ISSUER, RESPECTIVELY, SHALL DESIGNATE IN THE
MANNER PRESCRIBED IN SECTION 1.1 HEREOF, THE AUTHORIZED COMPANY
REPRESENTATIVE(S) AND THE AUTHORIZED ISSUER REPRESENTATIVE(S).
IN THE EVENT
THAT ANY PERSON SO DESIGNATED SHOULD BECOME UNAVAILABLE OR UNABLE TO TAKE ANY
ACTION OR MAKE ANY CERTIFICATE PROVIDED FOR OR REQUIRED IN THIS LEASE,