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Section 4.Disbursement Conditions. <br />(a)WIFIA Loan proceeds shall be disbursed solely in respect of Eligible <br />Project Costs paid or incurred and approved for payment by or on behalf of the Borrower in <br />connection with the Project. If the Borrower intends to utilize the WIFIA Loan proceeds to make <br />progress payments for Project construction work performed under the Principal Project Contracts, <br />the Borrower shall demonstrate to the satisfaction of the WIFIA Lender that such progress <br />payments are commensurate with the value of the work that has been completed. Each <br />disbursement of the WIFIA Loan shall be made pursuant to a requisition and certification (a <br />“Requisition”) in the form set forth in Appendix One (Form of Requisition) to Exhibit D <br />(Requisition Procedures), along with all documentation and other information required thereby, <br />submitted by the Borrower to, and approved by, the WIFIA Lender, all in accordance with the <br />procedures of Exhibit D (Requisition Procedures)and subject to the requirements of this Section <br />4 and the conditions set forth in Section 11(b) (Conditions Precedent – Conditions Precedent to <br />Disbursements); provided, that no disbursements of WIFIA Loan proceeds shall be made after the <br />Final Disbursement Date. <br />(b)The Borrower shall deliver copies of each Requisition to the WIFIA Lender <br />st <br />on or before the first (1) Business Day of each month for which a disbursement is requested. If <br />the WIFIA Lender shall expressly approve a Requisition or shall not expressly deny a Requisition, <br />th <br />disbursements of funds shall be made on the fifteenth (15) day of the month for which a <br />th <br />disbursement has been requested, or on the next succeeding Business Day if such fifteenth (15) <br />day is not a Business Day. Express WIFIA Lender approval or denial shall be substantially in the <br />form annexed hereto as Appendix Two (\[Approval/Disapproval\] of the WIFIA Lender) to <br />Exhibit D (Requisition Procedures). In no event shall disbursements be made more than once <br />each month. <br />(c)At the time of any disbursement, the sum of all prior disbursements of <br />WIFIA Loan proceeds and the disbursement then to be made shall not exceed the cumulative <br />disbursements through the end of the then-current Federal Fiscal Year set forth in the Anticipated <br />WIFIA Loan Disbursement Schedule, as the same may be amended from time to time in <br />accordance with the terms of this Agreement. Subject to this Section 4, any scheduled <br />disbursement (as reflected in the Anticipated WIFIA Loan Disbursement Schedule) that remains <br />undrawn at the end of any Federal Fiscal Year shall automatically roll forward to be available in <br />the succeeding Federal Fiscal Year, having the effect of automatically updating the Anticipated <br />WIFIA Loan Disbursement Schedule without need for the WIFIA Lender’s approval. The <br />Borrower may also amend the Anticipated WIFIA Loan Disbursement Schedule by submitting a <br />revised version thereof to the WIFIA Lender no later than thirty (30) days prior to the proposed <br />effective date of such amendment, together with a detailed explanation of the reasons for such <br />revisions. Such revised Anticipated WIFIA Loan Disbursement Schedule shall become effective <br />upon the WIFIA Lender’s approval thereof, which approval shall be granted or withheld in the <br />WIFIA Lender’s sole discretion. <br />18 <br /> <br />