Agenda - Council - 07/12/2022 - Laserfiche WebLink

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6. No item of cost requested to be paid or reimbursed by this Request has formed the basis for any previous payment from the 2022 Project Fund. 7. No item of cost requested to be paid or reimbursed by this Request constitutes Issuance Costs. 8. The balance remaining in the 2022 Project Fund, after disbursement of money therefrom in accordance with this Request, together with any other money available to the Company for such purpose, will be sufficient to pay the remaining costs of acquiring, renovating, constructing and equipping the 2022 Project in accordance with the Plans and Specifications. 9. No default by the Company under the Loan Agreement,the Disbursing Agreement, the Mortgage, the Tax Certificate, the Subordination, Non-Disturbance and Attornment Agreement, or the Assignment of Lease has occurred that has not been cured. 10. No default by the Charter School under the Pledge Agreement, the Disbursing Agreement, the Tax Certificate, the Subordination, Non-Disturbance and Attornment Agreement, or the Lease has occurred that has not been cured. 11. All representations and warranties made by the Company in the Company Documents are true and correct on and as of the date of this Request with the same effect as if made on this date, and the Company has complied with all of the requirements of the Disbursing Agreement. 12. All representations and warranties made by the Charter School in the Pledge Agreement, the Disbursing Agreement, the Bond Purchase Agreement, the Tax Certificate, and the Lease are true and correct on and as of the date of this Request with the same effect as if made on this date, and the Charter School has complied with all of the requirements of the Disbursing Agreement. 13. The 2022 Project has not been materially injured or damaged by fire or other casualty in a manner which, if not repaired or replaced, would materially impair the ability of the Company to meet its obligations under the Loan Agreement. The representations included in this paragraph need not be made by the Company if the Title Insurer has received assurance as to the availability of insurance proceeds and/or funds supplied by the Company sufficient to effect the restoration of the 2022 Project on or before the Completion Date. 14. In executing and delivering this requisition, the Company is relying on the representations of the Charter School. You are hereby requested to disburse from the 2022 Project Fund the amounts shown on Schedules A and B and to make payment to the Persons entitled to receipt thereof as shown on said schedules. Date: C-2 735810810