Conditions Precedent to Loan Closing. The City shall not be obligated to close the Loan until all of the following conditions have been satisfied:
Conditions Precedent to Loan Closing. 1. THDA shall not be obligated to close the loan evidencing the Assistance Funds until the following conditions are satisfied:
a. Evidence satisfactory to THDA, in its sole discretion, that all requirements, terms, covenants, conditions or obligations contained in this Agreement, the Program Description, the Conditional Commitment Letter, the Program Requirements, the Tax Credit Program Requirements, the Restrictive Covenants, the Reservation Notice, the Carryover Allocation Agreement, the First Note, the First Deed of Trust, or any agreement with Private Lender, Syndicator or other person or entity providing funding for the Development that must be met prior to a closing, have been met.
b. No change in the amount of Private Financing or Syndicator Equity or, in the event of a reduction in Private Financing or Syndication Equity, evidence satisfactory to THDA, in its sole discretion, that sufficient funds are available from sources other than Assistance Funds to meet the Development Budget set forth in Article I, Section 7 above.
c. An agreement, satisfactory to THDA in its sole discretion, between and among THDA, Private Lender and Syndicator, if any.
d. Other conditions as THDA deems necessary, in its sole discretion.
2. In connection with the closing of the Loan, the following documents must be fully executed and recorded, if necessary:
a. This Agreement
b. Assistance Note
c. Assistance Deed of Trust
d. Owner’s Closing Certificate
e. Settlement Statement f. Other documents as THDA may require
Conditions Precedent to Loan Closing and funding of the A&D Loan and issuance of Letters of Credit: Lender shall not be obligated to close the Loans, make any advance of A&D Loan proceeds hereunder, make any advances out of the Interest Reserve, or cause the Letters of Credit to be issued unless the following conditions have been satisfied:
(a) The Note, this Loan Agreement, the Deed of Trust and the other Loan Documents shall have been properly executed and delivered to Lender (except that only a copy of the fully executed Deed of Trust shall be delivered to Lender). Borrower shall deliver the original fully executed and acknowledged Deed of Trust and other Loan Documents that Lender requires to be recorded or filed to secure the Indebtedness and Obligations (the “Loan Recordation Documents”) to the Title Company in final form required for recordation in the appropriate land records and the Title Company shall record the fully executed Loan Recordation Documents immediately after the recordation of the deed conveying the Land from the seller of the Land to Borrower. If the Title Company is unable to record the Loan Recordation Documents on or before 5:00 p.m., January 6, 2014 (the “Recordation Deadline”), then (i) Lender’s obligation to provide the Loans to Borrower shall immediately terminate on the Recordation Deadline without further notice, grace or opportunity to cure such that Lender’s obligations under the Loan Documents shall be of no further force and effect thereafter, and (ii) the Title Company shall refund the entire amount of Lender’s preliminary advance of the A&D Loan that Lender wired to the Title Company as held by the Title Company in escrow pending recordation of the Loan Recordation Documents to the Lender before 5:00 p.m. on January 7, 2014. All of Lender’s fees and expenses including, but not limited to, the fees and expenses of Lender’s legal counsel shall be fully earned, non-refundable and retained by Lender and its legal counsel to Borrower if the Loans terminate for failure to record the Loan Recordation Documents by the Recordation Deadline.
(b) Borrower shall have deposited with the Title Company in currently available funds the amount set forth on Line 303 of the settlement statement as approved by Lender, the receipt of which the Title Company shall confirm to Lender.
(c) Lender shall have received a paid policy of title insurance (ALTA Standard Form “B” Loan Policy - Current Edition) or a valid and enforceable commitment to issue the same, together with such r...
Conditions Precedent to Loan Closing. 1. The additional conditions referred to in Section 4.1(j) are as follows: Conditions Precedent to Release of Funds
2. Section 4.2(b) amount of fidelity bond coverage:
3. Section 4.2(d) funds deposited for Project completion:
4. The additional conditions referred to in Section 4.2(e) are as follows: Conditions Precedent to Individual Advances
Conditions Precedent to Loan Closing. Lender's obligation to make the Loan and perform its duties under this Agreement shall be subject to the full and complete satisfaction of the following conditions precedent:
Conditions Precedent to Loan Closing. In connection with the execution and delivery of this Agreement, each of the following conditions shall be satisfied (all documents, certificates and other evidence of such conditions are to be satisfactory to RUS in its discretion):
Conditions Precedent to Loan Closing. 1. The additional conditions referred to in Section 4.1(j) are as follows: None
2. Section 4.2(b) amount of fidelity bond coverage: $13,221,114
3. Section 4.2(d) funds deposited for Project completion: None
4. The additional conditions referred to in Section 4.2(e) are as follows:
a. The Awardee has provided RUS with ***of its *** with respect to the ***; and
b. The *** referred to immediately above in paragraph (a) has concluded.
c. RUS shall have received the following executed agreements, in form and substance satisfactory to RUS, which incorporate the fees and rates projected for each respective agreement in the Application:
1. An agreement with GCI Communication Corporation for design and engineering, construction management, and other services;
2. An agreement with GCI Communications Corporation for operation and maintenance of the Awardee's system outside the existing LEC service area;
3. An agreement with GCI Communication Corporation for space and power in GCI Communication Corporations facilities.;
4. An agreement with Unicom, Inc. for space and power in Unicom's existing facilities.
Conditions Precedent to Loan Closing. The additional conditions referred to in Section 4.1(j) are as follows:
Conditions Precedent to Loan Closing. The following conditions are precedent to closing of the New Promissory Note:
a. DIRECT PAYMENT FROM CLEARING HOUSE FUNDS. A written agreement shall be obtained by Debtor with Airlines Clearing House, Inc. and Chase Manhattan Bank, N.A., as agent for Airlines Clearing House, Inc., in favor of Secured Party, wherein they shall agree to cause all Clearing House Funds to be wired directly to Secured Party on the date normal disbursements are made thereunder, subject to the amounts United Airlines shall be entitled to xxxx to Airlines Clearing House, Inc. in accordance with the United Airlines Modification.
Conditions Precedent to Loan Closing. 1. Section 4.1(d) level of funds required on deposit in accordance with 7 C.F.R. 1738.20(b):
2. The Build-Out Plan of Section 4.1(i) [IS or IS NOT] required.
3. The additional Build-Out Plan requirements of Section 4.1(i)(3):
4. The additional conditions referred to in Section 4.1(l) are as follows: Conditions Precedent to Release of Funds
