Conditions of Disbursement Sample Clauses
Conditions of Disbursement. Prior to receiving any Grant funds, the Contractor shall submit the following for the Department’s approval:
A. Government TIN Form, as applicable.
B. No Funding will be disbursed to Contractor unless Contractor and any delegating Local government has an approved Housing Element and is in compliance with the Housing Element Annual Progress Report requirements, pursuant to PLHA Program Guidelines section 302(a) and (b).
C. Contractor shall not be eligible to receive a new allocation if the Contractor has accrued an uncommitted amount of four times the pending allocation if the pending allocation is $125,000 or less; or $500,000 if the pending allocation is greater than $125,000 and less than $500,000; or the amount of the pending allocation if the allocation is $500,000 or more.
Conditions of Disbursement. Bank shall be under no obligation to make any Advances under the Credit Facility pursuant to this Agreement unless the following conditions shall have been fulfilled:
A. The representations and warranties of Borrower contained herein shall be true at the time of the initial Advance and at the time of each subsequent Advance under this Agreement as though such representations and warranties were made at such time.
B. Borrower shall have performed and complied with all agreements and conditions required by this Agreement to be performed or complied with by it.
C. Prior to the initial advance under this Agreement Borrower shall have delivered to Bank an opinion in writing of Borrower's legal counsel, Foley & Lardner, dated on or after the date of this Agreemexx, xo txx xxxxct that (i) Borrower is a corporation validly existing under the laws of the State of Wisconsin, and has the corporate power and authority to enter into this Agreement and to make borrowings and execute and deliver the notes as provided for herein; (ii) the making of this Agreement and compliance with the terms hereof by Borrower and the execution and delivery of the Note pursuant hereto do not conflict with or contravene any provision of the Articles of Incorporation, or By-Laws of Borrower, or any material indenture, contract or agreement of which such counsel has knowledge, to which Borrower is a party or to which it is subject (or that any such contravention has been appropriately waived), or, to the extent of the business of the Borrower of which such counsel has knowledge, any statute, rule or regulation binding upon Borrower;
Conditions of Disbursement. The obligation of IFC to make a Disbursement is subject to the fulfillment prior to or concurrently with the making of that Disbursement of the following conditions:
Conditions of Disbursement. AHP shall disburse the Program Funds to the Sponsor for the amount of any reasonable, actual, and documented Project specific fees and expenses incurred by the Sponsor on or after [December 7, 2022, the date of the conditional award letter issued by DHCS to the Sponsor, upon satisfaction of the requirements described in Section 4.1 below. Program Funds disbursed for real property acquisition shall be disbursed only upon satisfaction of the requirements in Section 4.1 and the additional requirements of Section 4.2 below. Program Funds to be disbursed for construction costs shall be disbursed only upon satisfaction of the requirements of Section 4.1 and the additional requirements described in Section 4.3 below. Thereafter, Program Funds shall be disbursed to the Sponsor for costs incurred for the Project within thirty (30) days of receipt of a complete request for Program Funds, provided such request for Program Funds is approved by AHP or its designee.
Conditions of Disbursement. The Department will disburse the full amount of the Grant award to the Grantee after this Agreement has been fully executed and after the Department receives the Grantee’s request for funds, with all required supporting documents appended thereto. The Grantee shall append the following supporting documents to the request for funds, all in form and substance acceptable to the Department:
A. Payee Data Record (STD 204) or Government Agency Taxpayer ID Form, as applicable;
B. An authorizing resolution or set of authorizing resolutions that, in the Department’s reasonable determination, materially comports with the Program Requirements (if the Grantee has not already submitted same);
C. Documentary evidence of any eligible costs incurred on or after March 3, 2021 and before the execution of this Agreement;
D. Certification of compliance with California’s prevailing wage law, as well as all applicable federal prevailing wage law;
E. A copy of the Department-approved relocation plan for the Project, or a copy of a Department-issued Certification Regarding Non-Application of Relocation Benefits and Indemnification Agreement, which has been duly executed by the Grantee and approved by the Department;
F. Evidence of the insurance coverages required under the Program and/or a written acknowledgment of self-insured status;
G. Documentary evidence of capacity to provide operating funds for the Project for at least five (5) years;
H. A current title report (dated within 15 days of the request for funds);
I. Any forms, certifications, or documentation required pursuant to Paragraph 5– Additional Conditions Precedent to Disbursement of Exhibit E of this Agreement; and
J. Any other forms, certifications, or documentation deemed necessary by the Department prior to disbursement of Grant funds.
Conditions of Disbursement. The obligation of IFC to make the Disbursement is subject to the fulfillment prior to or concurrently with the making of the Disbursement of the following conditions:
(a) the Transaction Documents, each in form and substance satisfactory to IFC, have been entered into by all parties to them and have become (or, as the case may be, remain) unconditional and fully effective in accordance with their respective terms (except for this Agreement having become unconditional and fully effective, if that is a condition of any of those agreements), and IFC has received a copy of each of those agreements to which it is not a party:
(b) the Reference Bond has been issued and is outstanding;
(c) [not used];
(d) the Borrowers have delivered to IFC copies of all Authorizations listed in Section (2) of Annex A and such other Authorizations that are or become necessary for the Loan and the execution of, and performance under, this Agreement and each Transaction Document; and all those Authorizations are in full force and effect;
(e) IFC has received a legal opinion, in form and substance satisfactory to it, of counsel acceptable to IFC, covering such matters relating to the transactions contemplated in the Transaction Documents as IFC may reasonably request;
(f) the Borrowers’ organizational documents are in form and substance satisfactory to IFC;
(g) arrangements are in place for the prepayment of the Borrowers’ existing debt from HSBC in form and substance satisfactory to IFC;
(h) IFC has received from each of the Borrowers: (i) a certificate of incumbency and authority in the form attached as Schedule 3; and (ii) a copy of a letter in the form attached as Schedule 4, authorizing its Auditors to communicate directly with IFC and provide any information regarding the financial condition of the Borrower as IFC may from time to time request;
(i) IFC has received the request for Disbursement substantially in the form attached hereto in Schedule 1, and the Borrowers’ certifications set out in paragraph 3 of Schedule 1 are true and accurate;
(j) each of the Borrowers has delivered to IFC evidence, substantially in the form of Schedule 7, of appointment of an agent for service of process in New York, New York;
(k) the Borrower and IFC have agreed on the form of the Annual Monitoring Report;
(l) no Event of Default and no Potential Event of Default has occurred and is continuing;
(m) the proceeds of the Disbursement are, at the date of the relevant request, needed by the Borrowe...
Conditions of Disbursement. 1. 04A First Tranche
(a) a certified copy of the Borrower's constitutional documents and of the Licence;
(b) evidence satisfactory to the Bank that the execution of this Contract by the Borrower has been duly authorised and that the person or persons signing the Contract on behalf of the Borrower is/are duly authorised to do so together with the specimen signature of each such person or persons;
(c) evidence that the Borrower has obtained all necessary Authorisations required in connection with entering into and delivering this Contract;
(d) if required by the Bank, evidence that the Borrower has obtained all necessary Authorisations required in connection with the Project;
(e) the duly executed Guarantee Agreement, in form and substance satisfactory to the Bank;
(f) evidence satisfactory to the Bank that the execution of the Guarantee Agreement by the Guarantor has been duly authorised and that the person or persons signing the Guarantee Agreement on behalf of the Guarantor is/are duly authorised to do so together with the specimen signature of each such person or persons;
(g) evidence that the Guarantor has obtained all necessary Authorisations required in connection with entering into and delivering the Guarantee Agreement;
(h) evidence that the fees, costs and expenses then due from the Borrower have been paid, including those payable pursuant to Article 9 of this Contract (other than any fees to be invoiced by Nxxxxx Xxxx LLP in connection with the preparation and execution of this Contract and the Guarantee Agreement and with the conditions precedent to be satisfied under this Article 1.04);
(i) a due capacity, execution and enforceability opinion in relation to this Contract and the Guarantee Agreement of Nxxxxx Xxxx LLP, legal advisers to the Bank in England;
(j) a certified copy of the Revolving Facility Agreement;
Conditions of Disbursement. The following conditions apply to the disbursement of the Grant to Grantee:
1. Xxxxxxx’s expenditures shall be made during the Budget Period and prior to the termination of this Agreement (i.e., the services have been delivered and accepted and/or the services have been rendered for the Grantee);
2. The total amount received by Grantee shall not exceed the Xxxxx Xxxxxx;
3. Grantee is in compliance with the terms and conditions of this Agreement to the satisfaction of the Office of Broadband; and
4. Grantee has submitted a request for reimbursement consisting of all documentation required under this Article.
Conditions of Disbursement. In the event that Beneficiary elects -------------------------- or is required hereunder to make insurance or other proceeds remaining after deduction of Beneficiary's costs and expenses incurred in connection with obtaining such proceeds available to Trustor for payment of the costs and expenses of repair and restoration of the Property, such proceeds shall be disbursed as provided in Section 2.5(d) upon the following terms and ------------- conditions: (i) no Event of Default, or any event that with the passage of time or the giving of notice, or both would constitute an Event of Default, shall have occurred and be continuing; (ii) Beneficiary shall be satisfied, in its sole discretion, that the portion of the Property damaged, lost or destroyed can and shall be fully restored to the equivalent of its original condition and value, or such other condition as Beneficiary may approve, within a reasonable period of time and in any event prior to maturity of the Note; (iii) Beneficiary shall have approved: (A) a detailed budget and cost breakdown for the repair and reconstruction work; (B) the plans and specifications for the repair and reconstruction work and all approvals of governmental authorities required by Law in connection with such work; and (C) the general contractor proposed to be engaged to perform such work and the construction contract pursuant to which such work is to be performed; (iv) no Lease in effect immediately prior to the event of loss shall have been canceled nor provide for any right to cancel that remains exercisable as a result of the damage or destruction; (v) if the net proceeds received by Beneficiary are insufficient to pay the full cost of restoring or repairing the Property, Trustor shall have deposited with Beneficiary sufficient additional funds to insure payment of all costs and expenses of repair or restoration, and all Impositions (as defined in Section ------- 2.6), Utility Charges (as defined in Section 2.7) and premiums for insurance --- ----------- required to be maintained under this Deed of Trust or any other Loan Document ("Premiums") during the period of repair and restoration; and (vi) receipt of -------- such additional data, instruments, documents, agreements and other materials or information relating to the repair or restoration as Beneficiary may reasonably request and satisfaction of such additional conditions as Beneficiary may reasonably require to protect its security. Trustor hereby acknowledges that th...
Conditions of Disbursement. 35 Section 4.01. Conditions of First Disbursement ................ 35 Section 4.02. Conditions for Any Disbursement ................. 40 Section 4.03. Pari Passu Disbursement ......................... 41