Common use of Authority Requirements Clause in Contracts

Authority Requirements. During the Compliance Period, the following provisions shall apply. (a) Each of the provisions of this Agreement shall be subject to, and the General Partner covenants to act in accordance with, the Tax Credit Conditions and all applicable federal, state and local laws and regulations. (b) The Tax Credit Conditions and all such laws and regulations, as amended or supplemented, shall govern the rights and obligations of the Partners, their heirs, executors, administrators, successor and assigns, and they shall control as to any terms in this Agreement which are inconsistent therewith, and any such inconsistent terms of this Agreement shall be unenforceable by or against any of the Partners. (c) Upon any dissolution of the Partnership or any transfer of the Apartment Housing, no title or right to the possession and control of the Apartment Housing and no right to collect rent therefrom shall pass to any Person who is not, or does not become, bound by the Tax Credit Conditions in a manner that, in the opinion of counsel to the Partnership, would avoid a recapture of Tax Credits thereof on the part of the former owners. (d) Any conveyance or transfer of title to all or any portion of the Apartment Housing required or permitted under this Agreement shall in all respects be subject to the Tax Credit Conditions and all conditions, approvals or other requirements of the rules and regulations of any authority applicable thereto.

Appears in 43 contracts

Samples: Limited Partnership Agreement, Limited Partnership Agreement (WNC Housing Tax Credit Fund Vi Lp Series 11), Limited Partnership Agreement (WNC Housing Tax Credit Fund Vi Lp Series 12)

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Authority Requirements. During the Compliance Period, the following provisions shall apply. (a) Each of the provisions of this Agreement shall be subject to, and the General Partner covenants to act in accordance with, the Tax Credit Conditions and all applicable federal, state and local laws and regulations. (b) The Tax Credit Conditions and all such laws and regulations, as amended or supplemented, shall govern the rights and obligations of the Partners, their heirs, executors, administrators, successor and assigns, and they shall control as to any terms in this Agreement which are inconsistent therewith, and any such inconsistent terms of this Agreement shall be unenforceable by or against any of the Partners. (c) Upon any dissolution of the Partnership or any transfer of the Apartment HousingProject, no title or right to the possession and control of the Apartment Housing Project and no right to collect rent therefrom shall pass to any Person who is not, or does not become, bound by the Tax Credit Conditions in a manner that, in the opinion of counsel to the Partnership, would not avoid a recapture of Tax Credits thereof on the part of the former owners. (d) Any conveyance or transfer of title to all or any portion of the Apartment Housing Project required or permitted under this Agreement shall in all respects be subject to the Tax Credit Conditions and all conditions, approvals or other requirements of the rules and regulations of any authority applicable thereto.

Appears in 16 contracts

Samples: Limited Partnership Agreement (WNC Housing Tax Credit Fund Vi Lp Series 6), Limited Partnership Agreement (WNC Housing Tax Credit Fund Vi Lp Series 6), Limited Partnership Agreement (WNC Housing Tax Credit Fund Vi Lp Series 6)

Authority Requirements. During the Compliance Period, the following provisions shall apply.: (a) Each of the provisions of this Agreement shall be subject to, and the General Partner covenants to act in accordance with, the Tax Credit Conditions and all applicable federal, state and local laws and regulations.; (b) The Tax Credit Conditions and all such laws and regulations, as amended or supplemented, shall govern the rights and obligations of the Partners, their heirs, executors, administrators, successor and assigns, and they shall control as to any terms in this Agreement which are inconsistent therewith, and any such inconsistent terms of this Agreement shall be unenforceable by or against any of the Partners.; (c) Upon any dissolution of the Partnership or any transfer of the Apartment HousingProject, no title or right to the possession and control of the Apartment Housing Project and no right to collect rent therefrom shall pass to any Person who is not, or does not become, bound by the Tax Credit Conditions in a manner that, in the opinion of counsel to the Partnership, would not avoid a recapture of Tax Credits thereof on the part of the former owners.; and (d) Any conveyance or transfer of title to all or any portion of the Apartment Housing Project required or permitted under this Agreement shall in all respects be subject to the Tax Credit Conditions and all conditions, approvals or other requirements of the rules and regulations of any authority applicable thereto.

Appears in 4 contracts

Samples: Limited Partnership Agreement (WNC Housing Tax Credit Fund v Lp Series 4), Limited Partnership Agreement (WNC Housing Tax Credit Fund v Lp Series 4), Limited Partnership Agreement (WNC Housing Tax Credit Fund Vi Lp Series 5)

Authority Requirements. During the Compliance Period, the following provisions shall apply. : (ai) Each each of the provisions of this Agreement shall be subject to, and the General Partner covenants to act in accordance with, the Tax Credit Conditions and all applicable federal, state and local laws and regulations. ; (bii) The Tax the Credit Conditions and all such laws and regulations, as amended or supplemented, shall govern the rights and obligations of the Partners, their heirs, executors, administrators, successor successors and assigns, and they shall control as to any terms in this Agreement which are inconsistent therewith, and any such inconsistent terms of in this Agreement shall be unenforceable by or against any of the Partners. ; (ciii) Upon upon any dissolution of the Partnership or any transfer of the Apartment HousingComplex, no title or right to the possession and control of the Apartment Housing Complex and no right to collect rent therefrom shall pass to any Person person who is not, or does not become, bound by the Tax Credit Conditions in a manner that, in the opinion of counsel to the Partnership, would not adversely affect the ability of the owner(s) of the Apartment Complex to utilize the Credits or avoid a recapture of Tax Credits thereof on the part of the former owners. thereof; and (div) Any any conveyance or transfer of title to all or any portion of the Apartment Housing Complex required or permitted under this Agreement shall in all respects be subject to the Tax Credit Conditions and all conditions, approvals or other requirements of the rules and regulations of any authority Authority applicable thereto.

Appears in 2 contracts

Samples: Limited Partnership Agreement (Homes for America Holdings Inc), Limited Partnership Agreement (Homes for America Holdings Inc)

Authority Requirements. During the Compliance Period, the following provisions shall apply. (a) Each of the provisions of this Agreement shall be subject to, and the General Partner covenants to act in accordance with, the Tax Credit Conditions and all applicable federal, state and local laws and regulations. (b) The Tax Credit Conditions and all such laws and regulations, as amended or supplemented, shall govern the rights and obligations of the Partners, their heirs, executors, administrators, successor and assigns, and they shall control as to any terms in this Agreement which are inconsistent therewith, and any such inconsistent terms of this Agreement shall be unenforceable by or against any of the Partners. (c) Upon any dissolution of the Partnership or any transfer of the Apartment HousingProject, no title or right to the possession and control of the Apartment Housing Project and no right to collect rent therefrom shall pass to any Person who is not, or does not become, bound by the Tax Credit Conditions in a manner that, in the opinion of counsel to the Partnership, would not avoid a recapture of Tax Credits thereof on the part of the former owners.; and (d) Any conveyance or transfer of title to all or any portion of the Apartment Housing Project required or permitted under this Agreement shall in all respects be subject to the Tax Credit Conditions and all conditions, approvals or other requirements of the rules and regulations of any authority applicable thereto.

Appears in 2 contracts

Samples: Limited Partnership Agreement (WNC Housing Tax Credit Fund Vi Lp Series 8), Limited Partnership Agreement (WNC Housing Tax Credit Fund Vi Lp Series 6)

Authority Requirements. During the Compliance Period, the following provisions shall apply.: (a) Each of the provisions of this Agreement shall be subject to, and the General Partner covenants to act in accordance with, the Tax Credit Conditions and all applicable federal, state and local laws and regulations. (b) The Tax Credit Conditions and all such laws and regulations, as amended or supplemented, shall govern the rights and obligations of the Partners, their heirs, executors, administrators, successor and assigns, and they shall control as to any terms in this Agreement which are inconsistent therewith, and any such inconsistent terms of this Agreement shall be unenforceable by or against any of the Partners. (c) Upon any dissolution of the Partnership or any transfer of the Apartment Housing, no title or right to the possession and control of the Apartment Housing and no right to collect rent therefrom shall pass to any Person who is not, or does not become, bound by the Tax Credit Conditions in a manner that, in the opinion of counsel to the Partnership, would avoid a recapture of Tax Credits thereof on the part of the former owners. (d) Any conveyance or transfer of title to all or any portion of the Apartment Housing required or permitted under this Agreement shall in all respects be subject to the Tax Credit Conditions and all conditions, approvals or other requirements of the rules and regulations of any authority applicable thereto.

Appears in 2 contracts

Samples: Limited Partnership Agreement (WNC Housing Tax Credit Fund VI, L.P., Series 13), Limited Partnership Agreement (WNC Housing Tax Credit Fund VI, L.P., Series 13)

Authority Requirements. During the Compliance Period, the following provisions shall apply. (a) Each of the provisions of this Agreement shall be subject to, and the General Partner covenants to act in accordance with, the Tax Credit Conditions and all applicable federal, state and local laws and regulations. (b) The Tax Credit Conditions and all such laws and regulations, as amended or supplemented, shall govern the rights and obligations of the Partners, their heirs, executors, administrators, successor and assigns, and they shall control as to any terms in this Agreement which are inconsistent therewith, and any such inconsistent terms of this Agreement shall be unenforceable by or against any of the Partners. (c) Upon any dissolution of the Partnership or any transfer of the Apartment Housing, no title or right to the possession and control of the Apartment Housing and no right to collect rent therefrom shall pass to any Person who is not, or does not become, bound by the Tax Credit Conditions in a manner that, in the opinion of counsel to the Partnership, would avoid a recapture of Tax Credits or Georgia Tax Credits thereof on the part of the former owners. (d) Any conveyance or transfer of title to all or any portion of the Apartment Housing required or permitted under this Agreement shall in all respects be subject to the Tax Credit Conditions and all conditions, approvals or other requirements of the rules and regulations of any authority applicable thereto.

Appears in 1 contract

Samples: Limited Partnership Agreement (WNC Housing Tax Credit Fund Vi Lp Series 10)

Authority Requirements. During the Duringthe Compliance Period, the following provisions shall apply. (a) Each of the provisions of this Agreement shall be subject to, and the General Partner covenants to act in accordance with, the Tax Credit Conditions and all applicable federal, state and local laws and regulations. (b) The Tax Credit Conditions and all such laws and regulations, as amended or supplemented, shall govern the rights and obligations of the Partners, their heirs, executors, administrators, successor and assigns, and they shall control as to any terms in this Agreement which are inconsistent therewith, and any such inconsistent terms of this Agreement shall be unenforceable by or against any of the Partners. (c) Upon any dissolution of the Partnership or any transfer of the Apartment Housing, no title or right to the possession and control of the Apartment Housing and no right to collect rent therefrom shall pass to any Person who is not, or does not become, bound by the Tax Credit Conditions in a manner that, in the opinion of counsel to the Partnership, would avoid a recapture of Tax Credits thereof on the part of the former owners. (d) Any conveyance or transfer of title to all or any portion of the Apartment Housing required or permitted under this Agreement shall in all respects be subject to the Tax Credit Conditions and all conditions, approvals or other requirements of the rules and regulations of any authority applicable thereto.

Appears in 1 contract

Samples: Limited Partnership Agreement (WNC Housing Tax Credit Fund Vi Lp Series 8)

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Authority Requirements. During the Compliance Period, the following provisions shall apply. (a) Each of the provisions of this Agreement shall be subject to, and the General Partner covenants to use its best efforts to act in accordance with, the Tax Credit Conditions and all applicable federal, state and local laws and regulations. (b) The Tax Credit Conditions and all such laws and regulations, as amended or supplemented, shall govern the rights and obligations of the Partners, their heirs, executors, administrators, successor and assigns, and they shall control as to any terms in this Agreement which are inconsistent therewith, and any such inconsistent terms of this Agreement shall be unenforceable by or against any of the Partners. (c) Upon any dissolution of the Partnership or any transfer of the Apartment HousingProject, no title or right to the possession and control of the Apartment Housing Project and no right to collect rent therefrom shall pass to any Person who is not, or does not become, bound by the Tax Credit Conditions in a manner that, in the opinion of counsel to the Partnership, would not avoid a recapture of Tax Credits thereof on the part of the former owners. (d) Any conveyance or transfer of title to all or any portion of the Apartment Housing Project required or permitted under this Agreement shall in all respects be subject to the Tax Credit Conditions and all conditions, approvals or other requirements of the rules and regulations of any authority applicable thereto.

Appears in 1 contract

Samples: Agreement of Limited Partnership (WNC Housing Tax Credit Fund Vi Lp Series 5)

Authority Requirements. During the Compliance Period, the following provisions shall apply. (a) Each of the provisions of this Agreement shall be subject to, and the General Partner covenants to act in accordance with, the Tax Credit Conditions and all applicable federal, state and local laws and regulations. (b) The Tax Credit Conditions and all such laws and regulations, as amended or supplemented, shall govern the rights and obligations of the Partners, their heirs, executors, administrators, successor and assigns, and they shall control as to any terms in this Agreement which are inconsistent therewith, and any such inconsistent terms of this Agreement shall be unenforceable by or against any of the Partners. (c) Upon any dissolution of the Partnership or any transfer of the Apartment HousingProject, no title or right to the possession and control of the Apartment Housing Project and no right to collect rent therefrom shall pass to any Person who is not, or does not become, bound by the Tax Credit Conditions in a manner that, in the opinion of counsel to the Partnership, would avoid a recapture of Tax Credits thereof on the part of the former owners. (d) Any conveyance or transfer of title to all or any portion of the Apartment Housing Project required or permitted under this Agreement shall in all respects be subject to the Tax Credit Conditions and all conditions, approvals or other requirements of the rules and regulations of any authority applicable thereto.

Appears in 1 contract

Samples: Limited Partnership Agreement (WNC Housing Tax Credit Fund Vi Lp Series 12)

Authority Requirements. During the Compliance Period, the following provisions shall apply.: (a) Each of the provisions of this Agreement shall be subject to, and the General Partner Managing Member covenants to act in accordance with, the Tax Credit Conditions and all applicable federal, state and local laws and regulations.; (b) The Tax Credit Conditions and all such laws and regulations, as amended or supplemented, shall govern the rights and obligations of the PartnersMembers, their heirs, executors, administrators, successor and assigns, and they shall control as to any terms in this Agreement which are inconsistent therewith, and any such inconsistent terms of this Agreement shall be unenforceable by or against any of the Partners.Members; (c) Upon any dissolution of the Partnership Company or any transfer of the Apartment HousingProject, no title or right to the possession and control of the Apartment Housing Project and no right to collect rent therefrom shall pass to any Person who is not, or does not become, bound by the Tax Credit Conditions in a manner that, in the opinion of counsel to the PartnershipCompany, would not avoid a recapture of Tax Credits thereof on the part of the former owners.; and (d) Any conveyance or transfer of title to all or any portion of the Apartment Housing Project required or permitted under this Agreement shall in all respects be subject to the Tax Credit Conditions and all conditions, approvals or other requirements of the rules and regulations of any authority applicable thereto.

Appears in 1 contract

Samples: Operating Agreement (WNC Housing Tax Credit Fund Vi Lp Series 5)

Authority Requirements. During the Compliance Period, the following provisions shall apply. (a) Each of the provisions of this Agreement shall be subject to, and the General Partner covenants to act in accordance with, the Tax Credit Conditions and all applicable federalFederal, state and local laws and regulations. (b) The Tax Credit Conditions and all such laws and regulations, as amended or supplemented, shall govern the rights and obligations of the Partners, their heirs, executors, administrators, successor and assigns, and they shall control as to any terms in this Agreement which are inconsistent therewith, and any such inconsistent terms of this Agreement shall be unenforceable by or against any of the Partners. (c) Upon any dissolution of the Partnership or any transfer of the Apartment Housing, no title or right to the possession and control of the Apartment Housing and no right to collect rent therefrom shall pass to any Person who is not, or does not become, bound by the Tax Credit Conditions in a manner that, in the opinion of counsel to the Partnership, would avoid a recapture of Tax Credits thereof on the part of the former owners. (d) Any conveyance or transfer of title to all or any portion of the Apartment Housing required or permitted under this Agreement shall in all respects be subject to the Tax Credit Conditions and all conditions, approvals or other requirements of the rules and regulations of any authority applicable thereto.

Appears in 1 contract

Samples: Limited Partnership Agreement (WNC Housing Tax Credit Fund Vi Lp Series 7)

Authority Requirements. During the Compliance Period, the following provisions shall apply. (a) Each of the provisions of this Agreement shall be subject to, and the General Partner Managing Member covenants to act in accordance with, the Tax Credit Conditions and all applicable federal, state and local laws and regulations. (b) The Tax Credit Conditions and all such laws and regulations, as amended or supplemented, shall govern the rights and obligations of the PartnersMembers, their heirs, executors, administrators, successor and assigns, and they shall control as to any terms in this Agreement which are inconsistent therewith, and any such inconsistent terms of this Agreement shall be unenforceable by or against any of the PartnersMembers. (c) Upon any dissolution of the Partnership Company or any transfer of the Apartment Housing, no title or right to the possession and control of the Apartment Housing and no right to collect rent therefrom shall pass to any Person who is not, or does not become, bound by the Tax Credit Conditions in a manner that, in the opinion of counsel to the PartnershipCompany, would avoid a recapture of Tax Credits thereof on the part of the former owners. (d) Any conveyance or transfer of title to all or any portion of the Apartment Housing required or permitted under this Agreement shall in all respects be subject to the Tax Credit Conditions and all conditions, approvals or other requirements of the rules and regulations of any authority applicable thereto.

Appears in 1 contract

Samples: Operating Agreement (WNC Housing Tax Credit Fund Vi Lp Series 7)

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