On or before the. Expiry Date (except where the Provider will be responsible for delivering the Services in the subsequent Funding Year) or Termination Date, the Provider must ensure that all documents or computer records in its possession, custody or control including but not limited to e-portfolios, which contain information relating to the Services including any documents in the possession, custody or control of a sub- contractor are made available upon request to the Department.
On or before the first Business Day following the Effective Date (the “Initial Deposit Due Date”), Developer shall deliver to the District a letter of credit in accordance with the Form Letter of Credit, or deposit with the Settlement Agent an xxxxxxx money deposit in the amount of ten percent (10%) of the most recent tax assessed value of the Property, as assessed by the District of Columbia Office of Tax and Revenue, (the “Initial Deposit”). If the Initial Deposit is in the form of a letter of credit (the “Deposit Letter of Credit”), the Deposit Letter of Credit shall not constitute payment on account of and shall not be credited against the Purchase Price; rather, the Deposit Letter of Credit shall be used as security to ensure Developer’s compliance with this Agreement and may be drawn on by District in accordance with the terms hereof. If the Initial Deposit is in the form of an xxxxxxx money deposit (the “Cash Deposit”), the Cash Deposit along with any accrued interest shall be credited against the Purchase Price if Closing shall take place in accordance with this Agreement. Any Cash Deposit shall be held in escrow by the Settlement Agent.
On or before the. Expiry Date (except where the Employer will be responsible for delivering the Services in the subsequent Funding Year) or Termination Date, the Employer must ensure that all documents or computer records in its possession, custody or control including but not limited to e-portfolios, which contain information relating to the Services including any documents in the possession, custody or control of a Sub- Contractor are made available upon request to the Department.
On or before the first Business Day following the Effective Date (the “Initial Deposit Due Date”), Developer shall deliver, or cause to be delivered on its behalf, to the District a letter of credit in accordance with the Form Letter of Credit, or deposit with the Settlement Agent an xxxxxxx money deposit in the amount of $50,000.00 (the “Initial Deposit”). If the Initial Deposit is in the form of a letter of credit (the “Deposit Letter of Credit”), the Deposit Letter of Credit shall not constitute payment on account of and shall not be credited against the Purchase Price; rather, the Deposit Letter of Credit shall be used as security to ensure Developer’s compliance with this Agreement and may be drawn on by District in accordance with the terms hereof and the Letter of Credit. If the Initial Deposit is in the form of an xxxxxxx money deposit (the “Cash Deposit”), the Cash Deposit along with any accrued interest shall be credited against the Purchase Price if Closing shall take place in accordance with this Agreement. Any Cash Deposit shall be held in escrow by the Settlement Agent.
On or before the. Second Restatement Date, the Borrower shall pay to the Agent, for distribution amongst the Banks, a closing fee in an amount equal to 1/2 of 1% (one-half of one percent) of the sum of, for each such Bank and as of the Second Restatement Date, the outstanding principal amount of the Term Portion of the Loans of such Bank plus the maximum amount of such Bank's Revolving Commitment (in each case after giving effect to the prepayments and the reduction in the maximum amount of the Revolving Portion to occur on the Second Restatement Date). On or before January 29, 1997, the Borrower shall pay to the Agent, for distribution amongst each of the Banks who consents to this Agreement on or before January 24, 1997, whether or not this Agreement is executed by the Majority Banks, an additional closing fee in an amount equal to 1/10th of 1% (one-tenth of one percent) the sum of, for each such Bank and as of the Second Restatement Date, the outstanding principal amount of the Term Portion of the Loans of such Bank plus the maximum amount of such Bank's Revolving Commitment (in each case after giving effect to the prepayments and the reduction in the maximum amount of the Revolving Portion to occur on the Second Restatement Date). On or before January 29, 1997, the Borrower agrees to pay 40% (forty percent) of the closing fee referred to in the first sentence of this SECTION 19.01 preceding to each of the Banks who consents to this Agreement on or before January 24, 1997, whether or not this Agreement is executed by the Majority Banks. 113
