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Attachment B <br />prior to May 16, 2019 (which is the date that is 60 days prior to the date that the <br />Governmental Lender declared its official intent to reimburse expenditures related <br />to the Project as permitted under Section 1.150-2(d) of the Treasury Regulations). <br />3. The undersigned certifies that: <br />a. the conditions precedent to disbursement set forth in the Construction <br />Continuing Covenant Agreement have been satisfied; <br />b. the disbursement requested pursuant to this Requisition will be used solely <br />to pay a cost or costs allowable under the Funding Loan Agreement and the <br />Construction Continuing Covenant Agreement; <br />c. none of the items for which disbursement is requested pursuant to this <br />Requisition has formed the basis for any disbursement previously made <br />from the Project Loan Fund and all such items have been properly recorded <br />in BorrowerÓs books and are set forth on the schedule attached hereto, <br />along with paid invoices attached for any sum for which reimbursement is <br />requested and invoices or bills of sales for all other items; <br />d. all labor and materials for which disbursements have been requested have <br />been incorporated into the Project in accordance with reasonable and <br />standard building practices, the Construction Continuing Covenant <br />Agreement and all applicable laws, ordinances, rules and regulations of <br />any governmental authority having jurisdiction over the Project; <br />e. the materials, supplies and equipment furnished or installed for the <br />Improvements are not subject to any lien or security interest or that the <br />funds to be disbursed pursuant to this Requisition are to be used to satisfy <br />any such lien or security interest; <br />f. all of the funds being requisitioned are being used in compliance with all <br />tax covenants set forth in the Funding Loan Agreement, the Project Loan <br />Agreement, the Tax Regulatory Agreement and the Tax Certificate, <br />including that none of the proceeds of the Funding Loan evidenced by the <br />Governmental Note (including investment earnings thereon) will be used to <br />provide an airplane, a skybox or any other private luxury box, any facility <br />primarily used for gambling, health club facility or any store the principal <br />business of which is the sale of alcoholic beverages for consumption off <br />premises; <br />g. with respect to amounts from the Project Account of the Project Loan Fund, <br />not less than 95% of the sum of: <br />(A) the amounts requisitioned by this Requisition; plus <br /> E-2 <br />12502516v3 <br /> <br />