Additional Payments Under the Project Note and this Project Loan Agreement. (a) In addition to the payments set forth in Section 4.01 hereof, payments to be made by the Borrower under the Project Note include certain money to be paid in respect of, among others, the Fee Component, the Servicing Fee, and amounts required to be deposited pursuant to the Continuing Covenant Agreement and the other Project Loan Documents, as set forth in subsection (b) of this Section 4.02. To the extent that any portion of the Fee Component, the Servicing Fee, and amounts required to be deposited pursuant to the Continuing Covenant Agreement and the other Project Loan Documents remain due and owing at any time, such amounts remaining due and owing shall be payable from money on deposit in the Administration Fund as provided in Section 4.06 of the Funding Loan Agreement or from other money of the Borrower, to the extent that money in the Administration Fund is insufficient for such purposes. All other fees and expenses shall be payable from money of the Borrower as provided in subsection (b) of this Section 4.02. (b) In addition to the funding of the initial deposits required of the Borrower described in Section 3.03, the Borrower shall pay (or cause to be paid by the Servicer or the Fiscal Agent (to the extent paid from money on deposit in the Administration Fund or the Cost of Issuance Fund, as applicable)), in consideration of the funding of the Project Loan, the following fees, expenses and other money payable in connection with the Loans: (i) On the Delivery Date, from money on deposit in the Cost of Issuance Fund or, to the extent such money is insufficient for such purpose, from other money of the Borrower, to the Initial Funding Lender, its origination fees, together with all third party and out-of-pocket expenses of the Initial Funding Lender (including but not limited to the fees and expenses of counsel to the Initial Funding Lender) in connection with the Loans. (ii) On the Delivery Date, from money on deposit in the Cost of Issuance Fund or, to the extent such money is insufficient for such purpose, from other money of the Borrower, to Xxxxxxx Mac, all third party and out-of-pocket expenses of Xxxxxxx Mac (including but not limited to the fees and expenses of counsel to Xxxxxxx Mac) in connection with the Loans.
Appears in 1 contract
Samples: Project Loan Agreement
Additional Payments Under the Project Note and this Project Loan Agreement. (a) In addition to the payments set forth in Section 4.01 hereof, payments to be made by the Borrower under the Project Note include certain money to be paid in respect of, among others, the Fee Component, the Servicing Fee, and amounts required to be deposited pursuant to the Continuing Covenant Agreement and the other Project Loan Documents, as set forth in subsection (b) of this Section 4.02. To the extent that any portion of the Fee Component, the Servicing Fee, and amounts required to be deposited pursuant to the Continuing Covenant Agreement and the other Project Loan Documents remain due and owing at any time, such amounts remaining due and owing shall be payable from money on deposit in the Administration Fund as provided in Section 4.06 of the Funding Loan Agreement or from other money of the Borrower, to the extent that money in the Administration Fund is insufficient for such purposes. All other fees and expenses shall be payable from money of the Borrower as provided in subsection (b) of this Section 4.02.
(b) In addition to the funding of the initial deposits required of the Borrower described in Section 3.03, the Borrower shall pay (or cause to be paid by the Servicer or the Fiscal Agent (to the extent paid from money on deposit in the Administration Fund or the Cost of Issuance Fund, as applicable)), in consideration of the funding of the Project Loan, the following fees, expenses and other money payable in connection with the Loans:
(i) On the Delivery Date, from money on deposit in the Cost of Issuance Fund or, to the extent such money is insufficient for such purpose, from other money of the Borrower, to the Initial Funding Lender, its origination fees, together with all third party and out-of-pocket expenses of the Initial Funding Lender (including but not limited to the fees and expenses of counsel to the Initial Funding Lender) in connection with the Loans. (ii) On the Delivery Date, from money on deposit in the Cost of Issuance Fund Title Company or, to the extent such money is insufficient for such purpose, from other money of the Borrower, to Xxxxxxx Mac, all third party and out-of-out of pocket expenses of Xxxxxxx Mac (including but not limited to the fees and expenses of counsel to Xxxxxxx Mac) in connection with the Loans.
(ii) On the Delivery Date, from money on deposit with the Title Company or, to the extent such money is insufficient for such purpose, from other money of the Borrower, to the Governmental Lender, the Governmental Lender Issuance Fee and the first years’ Governmental Lender Annual Fee (as such terms are defined in the Tax Regulatory Agreement).
(iii) On the Delivery Date, from money on deposit with the Title Company or, to the extent such money is insufficient for such purpose, from other money of the Borrower, to the Servicer, its commitment fees and application fees, together with all third party and out of pocket expenses of the Servicer (including but not limited to the fees and expenses of counsel to the Servicer, if any) in connection with the Loans.
(iv) On the Delivery Date, from money on deposit with the Title Company or, to the extent such money is insufficient for such purpose, from other money of the Borrower, to the Fiscal Agent, an acceptance fee in an amount equal to $[ ] and reimbursement for legal expenses of $ , together with all third party and out of pocket expenses of the Fiscal Agent (including but not limited to the fees and expenses of counsel to the Fiscal Agent) in connection with the Loans and the issuance of the Governmental Note.
(v) To the Fiscal Agent, the Ordinary Fiscal Agent’s Fees and Expenses and the Extraordinary Fiscal Agent’s Fees and Expenses when due from time to time.
(vi) To the Governmental Lender, the Governmental Lender Fee when due and any extraordinary expenses not covered by the Governmental Lender Fee the Governmental Lender may incur in connection with the Financing Documents or the Project from time to time.
(vii) To the Rebate Analyst, the reasonable fees and expenses of such Rebate Analyst in connection with the computations relating to arbitrage rebate required under the Funding Loan Agreement and this Project Loan Agreement when due from time to time.
(viii) To the Funding Lender Representative, any amount due and owing the Funding Lender Representative from time to time but unpaid under the Continuing Covenant Agreement.
(ix) To the Servicer, the amount of any portion of the Servicing Fee remaining unpaid and any fees, costs and expenses of the Servicer as provided in the Continuing Covenant Agreement.
(x) To the Servicer, the amounts required to be deposited in respect of reserves and impounds required under the Continuing Covenant Agreement and the other Project Loan Documents.
(xi) If the Fiscal Agent is collecting and remitting loan payments under the Funding Loan Agreement, to the Fiscal Agent, within two (2) Business Days of receipt from the Fiscal Agent of a notice of deficiency in the Administration Fund as provided in Section 4.06 of the Funding Loan Agreement, the amount of any such deficiency in the Administration Fund.
Appears in 1 contract
Samples: Project Loan Agreement
Additional Payments Under the Project Note and this Project Loan Agreement. (a) In addition to the payments set forth in Section 4.01 hereof, payments to be made by the Borrower under the Project Note include certain money to be paid in respect of, among others, the Fee Component, the Servicing Fee, and amounts required to be deposited pursuant to the Continuing Covenant Construction and Permanent Loan Agreement and the other Project Loan Documents, as set forth in subsection (b) of this Section 4.02. To the extent that any portion of the Fee Component, the Servicing Fee, and amounts required to be deposited pursuant to the Continuing Covenant Construction and Permanent Loan Agreement and the other Project Loan Documents remain due and owing 4814-8693-5008.3 at any time, such amounts remaining due and owing shall be payable from money on deposit in the Administration Fund as provided in Section 4.06 of the Funding Loan Agreement or from other money of the Borrower, to the extent that money in the Administration Fund is insufficient for such purposes. All other fees and expenses shall be payable from money of the Borrower as provided in subsection (b) of this Section 4.02.
(b) In addition to the funding of the initial deposits required of the Borrower described in Section 3.03, the Borrower shall pay (or cause to be paid by the Servicer or the Fiscal Agent (to the extent paid from money on deposit in the Administration Fund or the Cost Costs of Issuance Fund, as applicable)), in consideration of the funding of the Project Loan, the following fees, expenses and other money payable in connection with the Loans:
(i) On the Delivery Date, from money on deposit in the Cost Costs of Issuance Fund or, to the extent such money is insufficient for such purpose, from other money of the Borrower, to the Initial Funding Lender, its origination fees, together with all third party and out-of-out of pocket expenses of the Initial Funding Lender (including but not limited to the fees and expenses of counsel to the Initial Funding Lender) in connection with the Loans. .
(ii) On the Delivery Date, from money on deposit in the Cost Costs of Issuance Fund or, to the extent such money is insufficient for such purpose, from other money of the Borrower, to Xxxxxxx Macthe Governmental Lender, the Governmental Lender Fee due on the Closing Date, together with all third party and out-of-out of pocket expenses of Xxxxxxx Mac the Governmental Lender (including but not limited to the fees and expenses of Tax Counsel and counsel to the Governmental Lender) in connection with the Loans and the execution and delivery of the Governmental Note.
(iii) On the Delivery Date, to the Fiscal Agent, an acceptance fee in an amount equal to $3,300, together with all third party and out of pocket expenses of the Fiscal Agent (including but not limited to the fees and expenses of counsel to Xxxxxxx Macthe Fiscal Agent) in connection with the LoansLoans and the execution and delivery of the Governmental Note.
(iv) To the Fiscal Agent, the Ordinary Fiscal Agent’s Fees and Expenses and the Extraordinary Fiscal Agent’s Fees and Expenses when due from time to time.
(v) To the Governmental Lender, the Governmental Lender Fee when due and any extraordinary expenses not covered by the Governmental Lender Fee the Governmental Lender may incur in connection with the Financing Documents or the Project from time to time including all fees, charges, costs, advances, indemnities and expenses, including agent and counsel fees, of the Governmental Lender incurred under the Project Loan Documents or the Financing Documents, and any taxes and assessments levied on the Governmental Lender with respect to the Project, as and when the same become due. 4814-8693-5008.3
(vi) To the Rebate Analyst, the reasonable fees and expenses of such Rebate Analyst in connection with the computations relating to arbitrage rebate required under the Funding Loan Agreement and this Project Loan Agreement when due from time to time.
(vii) To the Funding Lender Representative, any amount due and owing to the Funding Lender Representative from time to time but unpaid under the Construction and Permanent Loan Agreement.
(viii) To the Servicer, the amounts required to be deposited in respect of the reserves and impounds required under the Construction and Permanent Loan Agreement and the other Project Loan Documents.
(ix) If the Fiscal Agent is collecting and remitting loan payments under the Funding Loan Agreement, to the Fiscal Agent, within two Business Days of receipt from the Fiscal Agent of a notice of deficiency in the Administration Fund as provided in Section 4.06 of the Funding Loan Agreement, the amount of any such deficiency in the Administration Fund.
Appears in 1 contract
Samples: Project Loan Agreement
Additional Payments Under the Project Note and this Project Loan Agreement. (a) In addition to the payments set forth in Section 4.01 hereof, payments to be made by the Borrower under the Project Note include certain money to be paid in respect of, among others, the Fee Component, the Servicing Fee, Component and amounts required to be deposited pursuant to the Continuing Covenant Agreement and the other Project Loan Documents, as set forth in subsection (b) of this Section 4.02. To the extent that any portion of the Fee Component, the Servicing Fee, Component and amounts required to be deposited pursuant to the Continuing Covenant Agreement and the other Project Loan Documents remain due and owing at any time, such amounts remaining due and owing shall be payable from money on deposit in the Administration Fund as provided in Section 4.06 of the Funding Loan Agreement or from other money of the Borrower, to the extent that money in the Administration Fund is insufficient for such purposes. All other fees and expenses shall be payable from money of the Borrower as provided in subsection (b) of this Section 4.02.
(b) In addition to the funding of the initial deposits required of the Borrower described in Section 3.03, the Borrower shall pay (or cause to be paid by the Servicer or the Fiscal Agent (to the extent paid from money on deposit in the Administration Fund or the Cost of Issuance Fund, as applicable)), in consideration of the funding of the Project Loan, the following fees, expenses and other money payable in connection with the LoansFunding Loan:
(i) On the Delivery Date, from money on deposit in with the Cost of Issuance Fund orTitle Company, or to the extent such money is insufficient for such purpose, from other money of the Borrower, to the Initial Funding Lender, its origination fees, together with all third party and out-of-out of pocket expenses of the Initial Funding Lender (including but not limited to the fees and expenses of counsel to the Initial Funding Lender) in connection with the Loans. Funding Loan.
(ii) On the Delivery Date, from money on deposit with the Title Company, or to the extent such money is insufficient for such purpose, from other money of the Borrower, to CCRC, all third party and out of pocket expenses of CCRC (including but not limited to the fees and expenses of counsel to CCRC) in connection with the Cost of Issuance Fund Funding Loan.
(iii) On the Delivery Date, from money on deposit with the Title Company or, to the extent such money is insufficient for such purpose, from other money of the Borrower, to Xxxxxxx Macthe Governmental Lender, the Governmental Lender Issuance Fee, with all third party expenses of the Governmental Lender including, but not limited to, the fees and expenses of bond counsel to the Governmental Lender) and the first years’ Annual Governmental Lender Fee (as such terms are defined in the Tax Regulatory Agreement).
(iv) On the Delivery Date, from money on deposit with the Title Company or, to the extent such money is insufficient for such purpose, from other money of the Borrower, to the Fiscal Agent, an acceptance fee in an amount equal to $ and reimbursement for legal expenses of $ , together with all third party and out-of-out of pocket expenses of Xxxxxxx Mac the Fiscal Agent (including but not limited to the fees and expenses of counsel to Xxxxxxx Macthe Fiscal Agent) in connection with the LoansFunding Loan and the issuance of the Governmental Note. 4816-8536-0354v5/024100-0013
(v) To the Fiscal Agent, the Ordinary Fiscal Agent’s Fees and Expenses and the Extraordinary Fiscal Agent’s Fees and Expenses when due from time to time.
(vi) To the Governmental Lender, the Annual Governmental Lender Fee when due and any extraordinary expenses not covered by the Annual Governmental Lender Fee the Governmental Lender may incur in connection with the Financing Documents or the Project from time to time.
(vii) To the Rebate Analyst, the reasonable fees and expenses of such Rebate Analyst in connection with the computations relating to arbitrage rebate required under the Funding Loan Agreement and this Project Loan Agreement when due from time to time.
(viii) To the Funding Lender Representative, any amount due and owing the Funding Lender Representative from time to time but unpaid under the Continuing Covenant Agreement.
(ix) To the Funding Lender Representative, the amounts required to be deposited in respect of reserves and impounds required under the Continuing Covenant Agreement and the other Project Loan Documents.
(x) If the Fiscal Agent is collecting and remitting loan payments under the Funding Loan Agreement, to the Fiscal Agent, within two (2) Business Days of receipt from the Fiscal Agent of a notice of deficiency in the Administration Fund as provided in Section 4.06 of the Funding Loan Agreement, the amount of any such deficiency in the Administration Fund.
Appears in 1 contract
Samples: Project Loan Agreement