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as at March 1, 2020, the total incurred and projected Eligible Non-Deferrable Expenses (as defined in below) that the Borrower was or is legally or contractually obligated to pay in the 2020 calendar year (including such Eligible Non-Deferrable Expenses actually paid from and after January 1, 2020) are (i) more than Cdn.$40,000 net of Excluded Benefits (as defined below), and (ii) less than Cdn.$1,500,000 including Excluded Benefits (as defined below).
the Borrower has in its possession documents evidencing more than Cdn.$40,000 of aggregate Eligible Non-Deferrable Expenses of the Borrower (e.g. a copy of the lease with the Borrower’s landlord for the year 2020, copies of material contracts, etc.), excluding any Excluded Benefits (each such document and any amendments thereto, if applicable, an “Eligible Non-Deferrable Expense Document”). The Borrower has uploaded or will upload on https://application-demande.ceba-cuec.ca/ (the “Web Page”) each of the Eligible Non-Deferrable Expense Documents prior to being provided the loan under the Program by the Lender and understands that failure to upload the Eligible Non-Deferrable Expense Documents will disqualify the Borrower under the Program. Each Eligible Non-Deferrable Expense Document that has been or will be uploaded to the Web Page by the Borrower (i) is a true, complete and correct copy of the original document, and (ii) is in full force and effect under which the Borrower is legally obligated to make the payments provided for thereunder and the amounts payable under such documents are not disputed by the Borrower, in each case, as of the date of uploading.