Laserfiche WebLink
maintenance of the Project have been issued and are in full force and effect <br />(and are not subject to any notice of violation, breach or revocation); <br />(B)each of the insurance policies obtained by the Borrower and <br />by any applicable Principal Project Party in satisfaction of the requirements <br />in Section 14(f) (Affirmative Covenants – Insurance) is in full force and <br />effect, and no notice of termination thereof has been issued by the <br />applicable insurance provider; <br />(C)at the time of, and immediately after giving effect to, any <br />disbursement of WIFIA Loan proceeds then currently requested, (1) no <br />Default or Event of Default hereunder shall have occurred and be <br />continuing; (2) no event of default or default that, with the giving of notice <br />or the passage of time or both, would constitute an event of default, in each <br />case, under any other Related Document, shall have occurred and be <br />continuing; and (3) no Material Adverse Effect, or any event or condition <br />that could reasonably be expected to result in a Material Adverse Effect, <br />shall have occurred since the Effective Date; <br />(D)(1) the Borrower, and each of its contractors and <br />subcontractors at all tiers with respect to the Project, has complied with all <br />applicable laws, rules, regulations and requirements, including without <br />limitation 40 U.S.C. §§ 3141–3144, 3146, and 3147 (relating to Davis- <br />Bacon Act requirements) (and regulations relating thereto) and 33 U.S.C. <br />§ 3914 (relating to American iron and steel products); and (2) supporting <br />documentation, such as certified payroll records and certifications for all <br />iron and steel products used for the Project, are being maintained and are <br />available for review upon request by the WIFIA Lender; and <br />(E)the representations and warranties of the Borrower set forth <br />in this Agreement (including Section 12 (Representations and Warranties <br />of Borrower)) and in each other Related Document shall be true and correct <br />as of each date on which any disbursement of the WIFIA Loan is made, <br />except to the extent such representations and warranties expressly relate to <br />an earlier date (in which case, such representations and warranties shall be <br />true and correct as of such earlier date). <br />(iv)No Material Adverse Effect, or any event or condition that could <br />reasonably be expected to result in a Material Adverse Effect, shall have occurred since the <br />Effective Date. <br />(v)To the extent not previously delivered to the WIFIA Lender, the <br />Borrower shall have delivered to the WIFIA Lender copies of any Bond Authorization <br />Documents (including any amendment, waiver, modification or supplement thereto) <br />entered into after the Effective Date, along with a certification in the Requisition that each <br />such document is complete, fully executed and in full force and effect. <br />28 <br /> <br />