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<br />e <br /> <br />e <br /> <br />"Vendor" means each of the manufacturers or vendors from which Lessee has ordered <br />or with which Lessee has contracted for the manufacture, delivery and/or installation of the <br />Equipment. <br /> <br />Section 1.2. Exhibits. <br /> <br />Exhibit A: <br />Exhibit B: <br />Exhibit C: <br /> <br />Equipment Schedule. <br />Payment Schedule. <br />Disbursement Certificate. <br /> <br />ARTICLE II. <br /> <br />FUNDING; LEASE OF EQUIPMENT <br /> <br />Section 2.1. Funding: Disbursement. <br /> <br />(a) On the Funding Date, Lessor agrees to transfer the Funding Amount to Lessee for <br />transfer no later than the close of business on the day following the Funding Date to the <br />Proceeds Account and Lessee shall provide evidence of such transfer to Lessor. Moneys on <br />deposit in the Proceeds Account shall be used solely for payment of the Equipment and for no <br />other purpose. <br /> <br />(b) At least five Business days before any withdrawal by Lessee from the Proceeds <br />Account shall be made, Lessee shall file with Lessor a Disbursement Certificate stating: <br /> <br />(A) the item number of such payment; <br /> <br />(B) the name of the payee to whom each such payment is due, which may be Lessee in <br />the case of reimbursement for costs theretofore paid by Lessee; <br />(C) if such disbursement is for reimbursement to Lessee, evidence of prior payment; <br />(D) the respective amounts to be paid; <br />(E) the purpose for which each obligation to be paid was incurred; <br /> <br />(F) that obligations in the stated amounts have been incurred by Lessee and are <br />presently due and payable and that each item thereof is a proper charge against the <br />Project Account and has not been previously paid therefrom; <br />(G) that there has not been filed with or served upon Lessee notice of any lien, right to <br />lien or attachment upon, or claim affecting the right to receive payment of, any of the <br />amounts payable to any of the persons named in such requisition, which has not <br />been released or will not be released simultaneously with the payment of such <br />obligation, other than materialmen's or mechanics' liens accruing by mere operation <br />of law; <br />(H) that the Equipment component for which such payment relates has been received <br />and is satisfactory to Lessee, and <br />(1) that the balance remaining in the Proceeds Account after payment of such amounts, <br />together with any investment income reasonably anticipated to be deposited in the <br />Proceeds Account and any other funds reasonably anticipated to be available <br />therefor, will be sufficient to pay the costs of the Equipment. Upon receipt of each <br />such document, Lessor shall provide its approval of such payment by <br />countersigning such document and transmitting it back to Lessee. <br /> <br />Section 2.2. Lease: Possession and Use. Lessor hereby leases the Equipment to Lessee, <br />and Lessee hereby leases the Equipment from Lessor, upon the terms and conditions set forth <br /> <br />-3- <br />