Advise the CDFI Fund of Certain Material Events. The Recipient shall advise the CDFI Fund in writing via a Service Request within AMIS, within 30 days of the event and in reasonable detail, of any of the Material Events listed below. The Certification of Material Events Form can be accessed on the CDFI Fund website via the following page: xxxxx://xxx.xxxxxxxx.xxx/programs-training/Programs/cdfi-program/Pages/compliance- step.aspx#step5. (a) any proceeding instituted against the Recipient in, by or before any court, governmental or administrative body or agency, which proceeding or outcome could have a material adverse effect upon the operations, assets or properties of the Recipient; (b) any proceeding instituted against the Recipient in, by or before any court, governmental or administrative body or agency, which proceeding involves allegations of discrimination by the Recipient on the basis of race, color, national origin, disability, age, marital status, receipt of income from public assistance, religion, or sex. (c) all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal award. Failure to make required disclosures can result in any of the remedies described in 2 CFR 200.338 of the Uniform Requirements; (d) any material adverse change in the condition, financial or otherwise, or operations of the Recipient that would impair the Recipient’s ability to carry out the authorized uses of the Assistance; (e) any substantial change in the business of the Recipient; (f) the loss of the Recipient’s Insured Credit Union status as defined in 12 U.S.C. § 1752(7) or State-Insured Credit Union (if applicable); (g) the occurrence of any Event of Noncompliance, as that term is defined in Section 6.1 herein, or any event which upon notice or lapse of time, or both, would constitute an Event of Noncompliance; (h) the merger, consolidation or acquisition of the Recipient by or with another entity; (i) loss of the Recipient’s Depository Institution Holding Company status under 12 U.S.C. § 1813(w)(1) or Subsidiary Insured Depository Institution status under 12 U.S.C. § 1813(c)(2) (if applicable); (j) a change in the Recipient’s shareholders or organization that results in (i) the CDFI Fund’s ownership of equity in the Recipient exceeding 50 percent and/or (ii) the CDFI Fund controlling the Recipient’s operations (the CDFI Fund’s ownership of equity is calculated by dividing the shares owned by the CDFI Fund by the total number of shares issued by the Recipient); (k) the debarment, suspension, exclusion or disqualification, by the Department of the Treasury, or any other Federal department or agency, of any individual or entity (or principal thereof) that received any portion of the Assistance in a procurement or nonprocurement transaction, as defined in 31 CFR 19.970; (l) any event or change that would result in the Recipient not being certified as a CDFI; (m) the existence of any non-compliance with the terms and conditions of any loan or other credit agreement with a creditor other than the CDFI Fund; (n) any adverse finding by the Appropriate Federal Banking Agency related to the Recipient; or (o) such other events that may be determined by the CDFI Fund, in its sole discretion, to be material events and for which the CDFI Fund has issued related guidance.
Appears in 3 contracts
Samples: Assistance Agreement (Shared Capital Cooperative), Assistance Agreement, Assistance Agreement
Advise the CDFI Fund of Certain Material Events. The Recipient shall advise the CDFI Fund in writing via a Service Request within AMIS, within 30 days of the event and in reasonable detail, of any of the Material Events listed below. The Certification of Material Events Form can be accessed on the CDFI Fund website via the following page: xxxxx://xxx.xxxxxxxx.xxx/programs-training/Programs/cdfi-program/Pages/compliance- step.aspx#step5.
(a) any proceeding instituted against the Recipient in, by or before any court, governmental or administrative body or agency, which proceeding or outcome could have a material adverse effect upon the operations, assets or properties of the Recipient;
(b) any proceeding instituted against the Recipient in, by or before any court, governmental or administrative body or agency, which proceeding involves allegations of discrimination by the Recipient on the basis of race, color, national origin, disability, age, marital status, receipt of income from public assistance, religion, or sex.
(c) all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal award. Failure to make required disclosures can result in any of the remedies described in 2 CFR 200.338 C.F.R. 200.339 of the Uniform Requirements;
(d) any material adverse change in the condition, financial or otherwise, or operations of the Recipient that would impair the Recipient’s ability to carry out the authorized uses of the CDFI RRP Assistance;
(e) any substantial change in the business of the Recipient;
(f) the loss of the Recipient’s Insured Credit Union status as defined in 12 U.S.C. § 1752(7) or State-Insured Credit Union (if applicable);
(g) the occurrence of any Event of Noncompliance, as that term is defined in Section 6.1 herein, or any event which upon notice or lapse of time, or both, would constitute an Event of Noncompliance;
(h) the merger, consolidation or acquisition of the Recipient by or with another entity;
(i) loss of the Recipient’s Depository Institution Holding Company status under 12 U.S.C. § 1813(w)(1) or Subsidiary Insured Depository Institution status under 12 U.S.C. § 1813(c)(2) (if applicable);
(j) a change in the Recipient’s shareholders or organization that results in (i) the CDFI Fund’s ownership of equity in the Recipient exceeding 50 percent and/or (ii) the CDFI Fund controlling the Recipient’s operations (the CDFI Fund’s ownership of equity is calculated by dividing the shares owned by the CDFI Fund by the total number of shares issued by the Recipient);
(k) the debarment, suspension, exclusion or disqualification, by the Department of the Treasury, or any other Federal department or agency, of any individual or entity (or principal thereof) that received any portion of the CDFI RRP Assistance in a procurement or nonprocurement transaction, as defined in 31 CFR C.F.R. 19.970;
(l) any event or change that would result in the Recipient not being certified as a CDFI;
(m) the existence of any non-compliance with the terms and conditions of any loan or other credit agreement with a creditor other than the CDFI Fund;
(n) any adverse finding by the Appropriate Federal Banking Agency related to the Recipient; or
(o) such other events that may be determined by the CDFI Fund, in its sole discretion, to be material events and for which the CDFI Fund has issued related guidance.
Appears in 3 contracts
Samples: Assistance Agreement (Shared Capital Cooperative), Assistance Agreement, Assistance Agreement
Advise the CDFI Fund of Certain Material Events. The Recipient shall advise the CDFI Fund in writing writing, via a Service Request within through AMIS, within 30 thirty (30) days of the event and in reasonable detail, of any of the following Material Events listed below. The Certification of Material Events Form can be accessed on the CDFI Fund website via the following page: xxxxx://xxx.xxxxxxxx.xxx/programs-training/Programs/cdfi-program/Pages/compliance- step.aspx#step5.Events:
(a) any Any proceeding instituted against the Recipient in, by by, or before any court, governmental or administrative body or agency, which proceeding or its outcome could have a material adverse effect upon the operations, assets or properties of the Recipient;
(b) any Any proceeding instituted against the Recipient in, by or before any court, governmental or administrative body or agency, which proceeding involves allegations of discrimination by the Recipient on the basis of race, color, national origin, disability, age, marital status, receipt of income from public assistance, religion, or sex.;
(c) all All violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal award. Failure to make required disclosures can result in any of the remedies described in 2 CFR 200.338 C.F.R § 200.339 of the Uniform Administrative Requirements;
(d) any Any material adverse change in the condition, financial or otherwise, or operations of the Recipient that would impair the Recipient’s ability to carry out the authorized activities and uses of the AssistanceCMF Award;
(e) any Any substantial change in the business of the Recipient;
(f) the The loss of the Recipient’s Insured Credit Union status as defined in 12 U.S.C. § 1752(7) or State-Insured Credit Union (if applicable);
(g) the The occurrence of any Event of Noncompliance, as that term is defined in Section 6.1 herein8.1 hereof, or any event which upon notice or lapse of time, or both, would constitute an Event of Noncompliance;
(h) the The merger, consolidation or acquisition of the Recipient by or with another entityentity or the plan to assign, pledge, or otherwise transfer any rights, benefits, or responsibilities of the Recipient under the Assistance Agreement, pursuant to Section 9.2;
(i) loss Loss of the Recipient’s Depository Institution Holding Company status under 12 U.S.C. § 1813(w)(1) or Subsidiary Insured Depository Institution status under 12 U.S.C. § 1813(c)(2) (if applicable);
(j) a change in the Recipient’s shareholders or organization that results in (i) the CDFI Fund’s ownership of equity in the Recipient exceeding 50 percent and/or (ii) the CDFI Fund controlling the Recipient’s operations (the CDFI Fund’s ownership of equity is calculated by dividing the shares owned by the CDFI Fund by the total number of shares issued by the Recipient);
(k) the The debarment, suspension, exclusion exclusion, or disqualification, by the U.S. Department of the Treasury, or any other Federal department or agency, of any individual or entity (or principal thereof) that received any portion of the Assistance CMF Award in a procurement or nonprocurement non-procurement transaction, as defined in 31 CFR C.F.R. § 19.970;
(lk) any Any event or change that would result in the Recipient not being certified as a CDFICDFI (if applicable) or losing its status as a Nonprofit Organization (if applicable);
(ml) the The existence of any non-compliance noncompliance with the terms and conditions of any loan or other credit agreement with a creditor other than the CDFI Fund;
(m) Failure by the Recipient to have Committed all of its CMF Award by the date set forth in Schedule 1 of this Assistance Agreement or the withdrawal of a Commitment as described in Section 4.3(b);
(n) In accordance with Section 9.9(b) of this Assistance Agreement, any adverse finding by the Appropriate Federal Banking Agency related change with respect to the Recipient; or’s executive director, chief executive officer, board chairperson, or equivalent leadership official;
(o) such Any amendments or modifications to the deed restrictions, covenants running with the land, or other recordable or similar mechanisms required to be made as they are described in and pursuant to Section 5.2(g) and Section 5.3(k);
(p) After a Project has achieved Project Completion and Initial Occupancy, any change in the ownership of a Project during the Affordability Period;
(q) Such other events that may be determined by the CDFI Fund, in its sole discretion, to be material events Material Events and for which the CDFI Fund has issued issues related guidance.
Appears in 2 contracts
Samples: Assistance Agreement, Assistance Agreement
Advise the CDFI Fund of Certain Material Events. The Recipient shall advise the CDFI Fund in writing via a Service Request within AMIS, within 30 days of the event and in reasonable detail, of any of the Material Events listed below. The Certification of Material Events Form can be accessed on the CDFI Fund website via the following page: xxxxx://xxx.xxxxxxxx.xxx/programs-training/Programs/cdfi-program/Pages/compliance- step.aspx#step5.
(a) any proceeding instituted against the Recipient in, by or before any court, governmental or administrative body or agency, which proceeding or outcome could have a material adverse effect upon the operations, assets or properties of the Recipient;
(b) any proceeding instituted against the Recipient in, by or before any court, governmental or administrative body or agency, which proceeding involves allegations of discrimination by the Recipient on the basis of race, color, national origin, disability, age, marital status, receipt of income from public assistance, religion, or sex.
(c) all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal award. Failure to make required disclosures can result in any of the remedies described in 2 CFR 200.338 C.F.R. 200.339 of the Uniform Requirements;
(d) any material adverse change in the condition, financial or otherwise, or operations of the Recipient that would impair the Recipient’s ability to carry out the authorized uses of the Assistance;
(e) any substantial change in the business of the Recipient;
(f) the loss of the Recipient’s Insured Credit Union status as defined in 12 U.S.C. § 1752(7) or State-Insured Credit Union (if applicable);
(g) the occurrence of any Event of Noncompliance, as that term is defined in Section 6.1 herein, or any event which upon notice or lapse of time, or both, would constitute an Event of Noncompliance;
(h) the merger, consolidation or acquisition of the Recipient by or with another entity;
(i) loss of the Recipient’s Depository Institution Holding Company status under 12 U.S.C. § 1813(w)(1) or Subsidiary Insured Depository Institution status under 12 U.S.C. § 1813(c)(2) (if applicable);
(j) a change in the Recipient’s shareholders or organization that results in (i) the CDFI Fund’s ownership of equity in the Recipient exceeding 50 percent and/or (ii) the CDFI Fund controlling the Recipient’s operations (the CDFI Fund’s ownership of equity is calculated by dividing the shares owned by the CDFI Fund by the total number of shares issued by the Recipient);
(k) the debarment, suspension, exclusion or disqualification, by the Department of the Treasury, or any other Federal department or agency, of any individual or entity (or principal thereof) that received any portion of the Assistance in a procurement or nonprocurement transaction, as defined in 31 CFR C.F.R. 19.970;
(l) any event or change that would result in the Recipient not being certified as a CDFI;
(m) the existence of any non-compliance with the terms and conditions of any loan or other credit agreement with a creditor other than the CDFI Fund;
(n) any adverse finding by the Appropriate Federal Banking Agency related to the Recipient; or
(o) such other events that may be determined by the CDFI Fund, in its sole discretion, to be material events and for which the CDFI Fund has issued related guidance.
Appears in 2 contracts
Samples: Assistance Agreement, Assistance Agreement
Advise the CDFI Fund of Certain Material Events. The Recipient shall advise the CDFI Fund in writing via a Service Request within AMISwriting, within 30 thirty (30) days of the event and in reasonable detail, of any of the following Material Events listed below. The Certification of Material Events Form can be accessed on the CDFI Fund website via the following page: xxxxx://xxx.xxxxxxxx.xxx/programs-training/Programs/cdfi-program/Pages/compliance- step.aspx#step5.Events:
(a) any Any proceeding instituted against the Recipient in, by by, or before any court, governmental or administrative body or agency, which proceeding or its outcome could have a material adverse effect upon the operations, assets or properties of the Recipient;
(b) any Any proceeding instituted against the Recipient in, by or before any court, governmental or administrative body or agency, which proceeding involves allegations of discrimination by the Recipient on the basis of race, color, national origin, disability, age, marital status, receipt of income from public assistance, religion, or sex.;
(c) all All violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal award. Failure to make required disclosures can result in any of the remedies described in 2 CFR C.F.R § 200.338 of the Uniform Administrative Requirements;
(d) any Any material adverse change in the condition, financial or otherwise, or operations of the Recipient that would impair the Recipient’s ability to carry out the authorized uses of the AssistanceCMF Award;
(e) any Any substantial change in the business of the Recipient;
(f) the The loss of the Recipient’s Insured Credit Union status as defined in 12 U.S.C. § 1752(7) or State-Insured Credit Union (if applicable);
(g) the The occurrence of any Event of Noncompliance, as that term is defined in Section 6.1 herein8.1 hereof, or any event which upon notice or lapse of time, or both, would constitute an Event of Noncompliance;
(h) the The merger, consolidation or acquisition of the Recipient by or with another entity;
(i) loss Loss of the Recipient’s Depository Institution Holding Company status under 12 U.S.C. § 1813(w)(1) or Subsidiary Insured Depository Institution status under 12 U.S.C. § 1813(c)(2) (if applicable);
(j) a change in the Recipient’s shareholders or organization that results in (i) the CDFI Fund’s ownership of equity in the Recipient exceeding 50 percent and/or (ii) the CDFI Fund controlling the Recipient’s operations (the CDFI Fund’s ownership of equity is calculated by dividing the shares owned by the CDFI Fund by the total number of shares issued by the Recipient);
(k) the The debarment, suspension, exclusion exclusion, or disqualification, by the U.S. Department of the Treasury, or any other Federal department or agency, of any individual or entity (or principal thereof) that received any portion of the Assistance CMF Award in a procurement or nonprocurement transaction, as defined in 31 CFR C.F.R. § 19.970;
(lk) any Any event or change that would result in the Recipient not being certified as a CDFICDFI (if applicable) or losing its status as a Nonprofit Organization (if applicable);
(ml) the The existence of any non-compliance noncompliance with the terms and conditions of any loan or other credit agreement with a creditor other than the CDFI Fund;
(m) Failure by the Recipient to have Committed all of its CMF Award by the date set forth in Schedule 1 of this Assistance Agreement;
(n) In accordance with Section 9.9(b) of this Assistance Agreement, any adverse finding by the Appropriate Federal Banking Agency related change with respect to the Recipient’s executive director, chief executive officer, or equivalent leadership official;
(o) Any amendments or modifications to the deed restrictions, covenants running with the land, or other recordable or similar mechanisms required to be made as they are described in and pursuant to Section 5.2(g) and Section 5.3(k);
(p) After a project has been Placed into Service, any change in the ownership or management of a project during the Affordability Period; or
(oq) such Such other events that may be determined by the CDFI Fund, in its sole discretion, to be material events Material Events and for which the CDFI Fund has issued issues related guidance.
Appears in 1 contract
Samples: Assistance Agreement
Advise the CDFI Fund of Certain Material Events. The Recipient shall advise the CDFI Fund in writing via a Service Request within AMIS, within 30 days of the event and in reasonable detail, of any of the Material Events listed below. The Certification of Material Events Form can be accessed on the CDFI Fund website via the following page: xxxxx://xxx.xxxxxxxx.xxx/programs-training/Programs/cdfi-program/Pages/compliance- step.aspx#step5.
(a) any proceeding instituted against the Recipient in, by or before any court, governmental or administrative body or agency, which proceeding or outcome could have a material adverse effect upon the operations, assets or properties of the Recipient;
(b) any proceeding instituted against the Recipient in, by or before any court, governmental or administrative body or agency, which proceeding involves allegations of discrimination by the Recipient on the basis of race, color, national origin, disability, age, marital status, receipt of income from public assistance, religion, or sex.
(c) all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal award. Failure to make required disclosures can result in any of the remedies described in 2 CFR 200.338 C.F.R. 200.339 of the Uniform Requirements;
(d) any material adverse change in the condition, financial or otherwise, or operations of the Recipient that would impair the Recipient’s ability to carry out the authorized uses of the SDL Program Assistance;
(e) any substantial change in the business of the Recipient;
(f) the loss of the Recipient’s Insured Credit Union status as defined in 12 U.S.C. § 1752(7) or State-Insured Credit Union (if applicable);
(g) the occurrence of any Event of Noncompliance, as that term is defined in Section 6.1 herein, or any event which upon notice or lapse of time, or both, would constitute an Event of Noncompliance;
(h) the merger, consolidation or acquisition of the Recipient by or with another entity;
(i) loss of the Recipient’s Depository Institution Holding Company status under 12 U.S.C. § 1813(w)(1) or Subsidiary Insured Depository Institution status under 12 U.S.C. § 1813(c)(2) (if applicable);
(j) a change in the Recipient’s shareholders or organization that results in (i) the CDFI Fund’s ownership of equity in the Recipient exceeding 50 fifty percent (50%) and/or (ii) the CDFI Fund controlling the Recipient’s operations (the CDFI Fund’s ownership of equity is calculated by dividing the shares owned by the CDFI Fund by the total number of shares issued by the Recipient);
(k) the debarment, suspension, exclusion or disqualification, by the Department of the Treasury, or any other Federal department or agency, of any individual or entity (or principal thereof) that received any portion of the SDL Program Assistance in a procurement or nonprocurement transaction, as defined in 31 CFR C.F.R. 19.970;
(l) any event or change that would result in the Recipient not being certified as a CDFI;
(m) the existence of any non-compliance with the terms and conditions of any loan or other credit agreement with a creditor other than the CDFI Fund;
(n) any adverse finding by the Appropriate Federal Banking Agency related to the Recipient; or
(o) such other events that may be determined by the CDFI Fund, in its sole discretion, to be material events and for which the CDFI Fund has issued related guidance.
Appears in 1 contract
Advise the CDFI Fund of Certain Material Events. The Recipient shall advise the CDFI Fund in writing writing, via a Service Request within through AMIS, within 30 thirty (30) days of the event and in reasonable detail, of any of the following Material Events listed below. The Certification of Material Events Form can be accessed on the CDFI Fund website via the following page: xxxxx://xxx.xxxxxxxx.xxx/programs-training/Programs/cdfi-program/Pages/compliance- step.aspx#step5.Events:
(a) any Any proceeding instituted against the Recipient in, by by, or before any court, governmental or administrative body or agency, which proceeding or its outcome could have a material adverse effect upon the operations, assets or properties of the Recipient;
(b) any Any proceeding instituted against the Recipient in, by or before any court, governmental or administrative body or agency, which proceeding involves allegations of discrimination by the Recipient on the basis of race, color, national origin, disability, age, marital status, receipt of income from public assistance, religion, or sex.;
(c) all All violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal award. Failure to make required disclosures can result in any of the remedies described in 2 CFR C.F.R § 200.338 of the Uniform Administrative Requirements;
(d) any Any material adverse change in the condition, financial or otherwise, or operations of the Recipient that would impair the Recipient’s ability to carry out the authorized activities and uses of the AssistanceCMF Award;
(e) any Any substantial change in the business of the Recipient;
(f) the The loss of the Recipient’s Insured Credit Union status as defined in 12 U.S.C. § 1752(7) or State-Insured Credit Union (if applicable);
(g) the The occurrence of any Event of Noncompliance, as that term is defined in Section 6.1 herein8.1 hereof, or any event which upon notice or lapse of time, or both, would constitute an Event of Noncompliance;
(h) the The merger, consolidation or acquisition of the Recipient by or with another entityentity or the plan to assign, pledge, or otherwise transfer any rights, benefits, or responsibilities of the Recipient under the Assistance Agreement, pursuant to Section 9.2;
(i) loss Loss of the Recipient’s Depository Institution Holding Company status under 12 U.S.C. § 1813(w)(1) or Subsidiary Insured Depository Institution status under 12 U.S.C. § 1813(c)(2) (if applicable);
(j) a change in the Recipient’s shareholders or organization that results in (i) the CDFI Fund’s ownership of equity in the Recipient exceeding 50 percent and/or (ii) the CDFI Fund controlling the Recipient’s operations (the CDFI Fund’s ownership of equity is calculated by dividing the shares owned by the CDFI Fund by the total number of shares issued by the Recipient);
(k) the The debarment, suspension, exclusion exclusion, or disqualification, by the U.S. Department of the Treasury, or any other Federal department or agency, of any individual or entity (or principal thereof) that received any portion of the Assistance CMF Award in a procurement or nonprocurement non-procurement transaction, as defined in 31 CFR C.F.R. § 19.970;
(lk) any Any event or change that would result in the Recipient not being certified as a CDFICDFI (if applicable) or losing its status as a Nonprofit Organization (if applicable);
(ml) the The existence of any non-compliance noncompliance with the terms and conditions of any loan or other credit agreement with a creditor other than the CDFI Fund;
(m) Failure by the Recipient to have Committed all of its CMF Award by the date set forth in Schedule 1 of this Assistance Agreement;
(n) In accordance with Section 9.9(b) of this Assistance Agreement, any adverse finding by the Appropriate Federal Banking Agency related change with respect to the Recipient’s executive director, chief executive officer, or equivalent leadership official;
(o) Any amendments or modifications to the deed restrictions, covenants running with the land, or other recordable or similar mechanisms required to be made as they are described in and pursuant to Section 5.2(g) and Section 5.3(k);
(p) After a Project has achieved Project Completion and Initial Occupancy, any change in the ownership or management of a Project during the Affordability Period;
(q) Utilization of a resale and recoupment strategy for Homeownership Affordable Housing; or
(or) such Such other events that may be determined by the CDFI Fund, in its sole discretion, to be material events Material Events and for which the CDFI Fund has issued issues related guidance.
Appears in 1 contract
Samples: Assistance Agreement
Advise the CDFI Fund of Certain Material Events. The Recipient shall advise the CDFI Fund in writing writing, via a Service Request within through AMIS, within 30 thirty (30) days of the event and in reasonable detail, of any of the following Material Events listed below. The Certification of Material Events Form can be accessed on the CDFI Fund website via the following page: xxxxx://xxx.xxxxxxxx.xxx/programs-training/Programs/cdfi-program/Pages/compliance- step.aspx#step5.Events:
(a) any Any proceeding instituted against the Recipient in, by by, or before any court, governmental or administrative body or agency, which proceeding or its outcome could have a material adverse effect upon the operations, assets or properties of the Recipient;
(b) any Any proceeding instituted against the Recipient in, by or before any court, governmental or administrative body or agency, which proceeding involves allegations of discrimination by the Recipient on the basis of race, color, national origin, disability, age, marital status, receipt of income from public assistance, religion, or sex.;
(c) all All violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal award. Failure to make required disclosures can result in any of the remedies described in 2 CFR C.F.R § 200.338 of the Uniform Administrative Requirements;
(d) any Any material adverse change in the condition, financial or otherwise, or operations of the Recipient that would impair the Recipient’s ability to carry out the authorized activities and uses of the AssistanceCMF Award;
(e) any Any substantial change in the business of the Recipient;
(f) the The loss of the Recipient’s Insured Credit Union status as defined in 12 U.S.C. § 1752(7) or State-Insured Credit Union (if applicable);
(g) the The occurrence of any Event of Noncompliance, as that term is defined in Section 6.1 herein8.1 hereof, or any event which upon notice or lapse of time, or both, would constitute an Event of Noncompliance;
(h) the The merger, consolidation or acquisition of the Recipient by or with another entityentity or the plan to assign, pledge, or otherwise transfer any rights, benefits, or responsibilities of the Recipient under the Assistance Agreement, pursuant to Section 9.2;
(i) loss Loss of the Recipient’s Depository Institution Holding Company status under 12 U.S.C. § 1813(w)(1) or Subsidiary Insured Depository Institution status under 12 U.S.C. § 1813(c)(2) (if applicable);
(j) a change in the Recipient’s shareholders or organization that results in (i) the CDFI Fund’s ownership of equity in the Recipient exceeding 50 percent and/or (ii) the CDFI Fund controlling the Recipient’s operations (the CDFI Fund’s ownership of equity is calculated by dividing the shares owned by the CDFI Fund by the total number of shares issued by the Recipient);
(k) the The debarment, suspension, exclusion exclusion, or disqualification, by the U.S. Department of the Treasury, or any other Federal department or agency, of any individual or entity (or principal thereof) that received any portion of the Assistance CMF Award in a procurement or nonprocurement non-procurement transaction, as defined in 31 CFR C.F.R. § 19.970;
(lk) any Any event or change that would result in the Recipient not being certified as a CDFICDFI (if applicable) or losing its status as a Nonprofit Organization (if applicable);
(ml) the The existence of any non-compliance noncompliance with the terms and conditions of any loan or other credit agreement with a creditor other than the CDFI Fund;
(m) Failure by the Recipient to have Committed all of its CMF Award by the date set forth in Schedule 1 of this Assistance Agreement or the withdrawal of a Commitment as described in Section 4.3(b);
(n) In accordance with Section 9.9(b) of this Assistance Agreement, any adverse finding by the Appropriate Federal Banking Agency related change with respect to the Recipient; or’s executive director, chief executive officer, or equivalent leadership official;
(o) such Any amendments or modifications to the deed restrictions, covenants running with the land, or other recordable or similar mechanisms required to be made as they are described in and pursuant to Section 5.2(g) and Section 5.3(k);
(p) After a Project has achieved Project Completion and Initial Occupancy, any change in the ownership or management of a Project during the Affordability Period;
(q) Such other events that may be determined by the CDFI Fund, in its sole discretion, to be material events Material Events and for which the CDFI Fund has issued issues related guidance.
Appears in 1 contract
Samples: Assistance Agreement