Orange County NC Website
items representing payment on account of any retained percentages <br /> which the Company is entitled to retain at this date; (d) the <br /> payment of this requisition will not result in less than <br /> substantially all of the proceeds of the Bond to be expended <br /> under this requisition and under all prior requisitions having <br /> been used for the acquisition and installation of property of a <br /> character subject to the allowance for depreciation within the <br /> meaning of Section 103 (b) ( 6) (A) of the Internal Revenue Code of <br /> 1954, as amended; ( e) with respect to all financing statements <br /> filed pertaining to the Project, the Company has filed amendments <br /> satisfying the requirements of Section 9-402 of the Uniform Com- <br /> mercial Code of North Carolina adding to the description of the <br /> Project any items of personal property which are to be acquired <br /> as part of the Cost of Acquisition of the Project, are to be paid <br /> for pursuant to this requisition and have not heretofore been <br /> added to such description; and ( f) no event of default or event <br /> which, but for the giving of notice or the lapse of time, or <br /> both, would result in an event of default, has occurred under any <br /> of the Bond Documents (as defined in the Loan Agreement) . <br /> [The following paragraph is to be completed when any requisition <br /> and certificate includes any item for payment for labor or to <br /> contractors, builders or materialmen. ] <br /> I hereby certify that insofar as the amount covered by the <br /> above requisition includes payments to be made for labor or to <br /> contractors, builders or materialmen, including [description of <br /> materials or supplies] , in connection with the Acquisition of the <br /> Project, (i) all obligations to make such payments have been <br /> properly incurred, ( ii ) any such labor was actually performed and <br /> any such materials or supplies were actually furnished or <br /> installed in or about the Project and are a proper charge against <br /> the Cost of Acquisition of the Project and ( iii) such materials <br /> or supplies either are not subject to any lien or security <br /> interest or, if the same are so subject, such lien or security <br /> interest will be released or discharged upon payment of this <br /> requisition. <br /> Company Representative <br /> 2. <br />