Additional Covenants and Conditions. Growth Capital Loan Facility.
Additional Covenants and Conditions. Seller shall ensure compliance with the Additional Covenants and Conditions.
Additional Covenants and Conditions. All of the Additional Covenants and Conditions are true and correct at all times, and continue to be maintained as set forth in the Addendum.
Additional Covenants and Conditions. Commitment; Funding and Repayment of Growth Capital Loans.
Additional Covenants and Conditions. 1. Commitment; Use of Proceeds;
Additional Covenants and Conditions. Commitment No. 2; Use of Proceeds; Limitations on Equipment Loans.
Additional Covenants and Conditions. Before any contractor(s) or subcontractors(s) shall be permitted upon the premises of the Building for the purpose of undertaking the Alterations to the Apartment I shall:
(a) furnish the Corporation with a letter from a licensed engineer or architect, which letter shall certify that the electrical loads required as a result of the Alterations:
(i) will not be in excess of the present electrical capacity of the Apartment; and
(ii) will not adversely affect the Building’s electrical service.
(b) file the Plans with all proper municipal departments and obtain all governmental approvals, permits, and certificates that may be required. The Managing Agent shall be notified of the building permit number, if any, assigned to the Plans and shall be given a copy of each of the permits and aforementioned certificates within 10 days of my receiving same;
(c) furnish the Corporation with a conformed copy of each and every agreement made with my contractor(s) or subcontractor(s);
(d) have each of the contractor(s) and subcontractor(s) execute the Indemnity and Insurance Rider (the “Rider”) annexed hereto as Rider III and the Rider shall be expressly incorporated by reference into and become a part of any and all agreement(s) made with my contractor(s);
(e) procure from my contractor and submit for the Corporation’s approval, the contractor’s written agreement waiving, to the extent legally permissible, the right to file any mechanic’s liens or other liens, attachment or encumbrance against the Corporation’s property which may arise out of or in connection with the Alterations. Proof that the contractor has obtained similar waivers from all subcontractors shall be filed with the Managing Agent before such subcontractors commence their work. If I am unable to obtain said waiver of liens, then I may in lieu of such waivers provide the Corporation with a Labor and Material Payment Bond from a surety company acceptable to the Corporation, in the Corporation’s discretion;
(f) furnish the Corporation with a copy of the Rider fully executed by any contractor(s) undertaking the Alterations to the Apartment;
(g) furnish the Corporation with all Certificates of Insurance called for pursuant to the terms of the Rider and copies of any policies, if requested;
(h) designate a responsible party;
Additional Covenants and Conditions. Minimum current ratio of 1.1 to 1. Maximum debt to worth ratio of 1.5 to 1. Debt service coverage no less than 1.3X.
Additional Covenants and Conditions. (a) No later than one business day from the Execution Date, the Settling Parties shall jointly file (i) a motion to stay the Bank of America Action, in the form attached hereto as Exhibit F-1; (ii) a motion to stay the Countrywide Action, in the form attached hereto as Exhibit G-1; and (iii) a motion to stay the Xxxxxxx Xxxxx Action, in the form attached hereto as Exhibit H-1.
(b) No later than one business day from the Execution Date, all discovery between the Settling Parties in the Actions shall cease. For the avoidance of doubt, nothing in this Agreement will affect discovery in either the Related Actions or involving Non-Settling Defendants in the First Horizon Action.
(c) No later than one business day from the Effective Date, the Settling Parties shall jointly file (i) in the Bank of America Action a stipulation of voluntary dismissal with prejudice of the Action pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii), in the form attached hereto as Exhibit F-2; (ii) in the Countrywide Action a stipulation of voluntary dismissal with prejudice of the Action pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii), in the form attached hereto as Exhibit G-2; and (iii) in the Xxxxxxx Xxxxx Action a stipulation of voluntary dismissal with prejudice of the Action pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii), in the form attached hereto as Exhibit H-2. The Settling Parties shall take all other steps as necessary to effect dismissal with prejudice of the Actions, including but not limited to filing, if requested by the Court in any of the Actions, a proposed order of dismissal with prejudice in a form acceptable to all Settling Parties in such Action.
(d) No later than one calendar day from the Execution Date, Defendants
(i) shall abstain from filing or joining in any motion, letter, or appeal with respect to any of the Actions or the Related Actions; (ii) shall withdraw from any joint defense agreement applicable to any of the Actions or the Related Actions; (iii) shall cease any and all efforts to assist Non- Settling Defendants or any other party or third-party with regard to any of the Actions or the Related Actions, except as required by law or under order of a court of competent jurisdiction or as permitted by Subparagraph 8(e) or 8(f); and (iv) shall withdraw all motions for sanctions against FHFA, the GSEs, or FHFA’s counsel. No later than one calendar day from the Execution Date, the FHFA Parties shall abstain from filing or joining in any motion, letter, or appeal with r...
Additional Covenants and Conditions. Limitation on Loans; Use of Proceeds.
