Advancing of Funds. No advance of funds has been made, directly or indirectly, by the originator or the Seller to the related Mortgagor other than pursuant to the related Mortgage Note; and, to the actual knowledge of the Seller, no funds have been received from any Person other than such Mortgagor for or on account of payments due on the related Mortgage Note.
Advancing of Funds. 12.1.1. Party A hereby irrevocably agrees to pay to the Company, at the Closing, by way of a capital contribution, a total amount in cash of 96,078RMB and be issued with 49% of the registered capital (after the issuance of the Equity Rights to Party A) of the Company (“Initial Contribution”).
Advancing of Funds. The Grantee may request an advance of grant funds for an amount equaling up to 20% of the grant amount. Please refer to the Grant Administration Manual for eligibility and qualification requirements to receive advances. Grantee shall submit proof of expenditures using advanced funds as requested by RPOSD. Any unused portion of the advanced funding must be returned to RPOSD within 30 days of the completion of the grant.
Advancing of Funds. (xxxv) Legal Proceedings Aventura Mall. There is a pending lawsuit brought by X.X. Penney Corporation, Inc., a tenant at the Mortgaged Property, against the Mortgagor and sponsors of the Mortgagor alleging, among other things, that the certain construction of improvements at the Mortgaged Property occurred without such tenant's consent and constituted a breach of a covenant in their lease, that an REPRESENTATION FROM SCHEDULE II PROPERTY AND EXCEPTION ------------------------------------------------ --------------------------------------------------------------------------------- unexecuted amendment to their lease (which gives X.X. Xxxxxx the option to extend such lease beyond its term at the same fixed rent set forth in its existing lease) was a valid contract because the Mortgagor had given its verbal consent to the final negotiated terms of such amendment, that certain other covenants in their lease were breached, including those requiring the Mortgagor to provide a minimum number of parking spaces. Among other remedies, X.X. Penney is seeking damages calculated as the difference between market rent rates and its fixed rent rate set forth in its lease and the enforcement of its lease amendment referred to above. Innkeepers Portfolio. Three class action lawsuits were filed by shareholders of Innkeepers USA in Palm Beach County, Florida Circuit Court with respect to the acquisition by Apollo Investment Corporation of all of the outstanding shares of Innkeepers USA. The parties to each of these actions reached a settlement through the execution of a Memorandum of Understanding dated May 25, 2007, which contemplates a class-wide settlement with class-wide releases subject to court approval.
Advancing of Funds. (xxxv) Legal Proceedings Kettering Tower. Mortgagor commenced an action requesting eviction of the ground floor restaurant tenant and for payment of unpaid rent. In response to REPRESENTATION FROM SCHEDULE II PROPERTY AND EXCEPTION ------------------------------------------------------- ----------------------------------------------------------- the Mortgagor's action, the former tenant has asserted a counterclaim against the Mortgagor seeking damages from Mortgagor's refusal to reasonably consent to an assignment of the lease in conjunction with a sale of the tenant's restaurant business, alleged overpayment of rent and retention of certain equipment purportedly owned by tenant. Mortgagor denied liability for payment of such damages. The court ordered that the tenant be evicted from its premises. The tenant has vacated its premises and is no longer paying rent.
Advancing of Funds. The Grantee may request an advance of grant funds for an amount equaling up to 20% of the grant amount. Grantees must setup a separate fund or account for RPOSD funds approved for advance payment. RPOSD funds must be deposited into an interest-bearing account insured by the FDIC. All interest earned belongs to RPOSD and must be returned to RPOSD prior to final payment. Please refer to the Grant Administration Manual for eligibility and qualification requirements to receive advances. Grantee shall submit proof of expenditures using advanced funds. The grantee must use or return all advanced funds before requesting for reimbursement of additional expenses from the grant award. Only one request for advance funds, at the initiation of the grant, will be allowed per grant. In addition, Grantee shall return advanced funds paid to Grantee that RPOSD, in its sole discretion, deems ineligible.
Advancing of Funds
