Disbursement Agreement. The City shall accept in lieu of the requirement in Sections 501.A and 501.B above a fully executed Disbursement Agreement in the form attached hereto as Exhibit G and a Redeveloper cash penal bond for the purposes set forth in Sections 501.A and 501.B to be held by the City in the amount of $10,000.
Disbursement Agreement. The City shall accept in lieu of the requirement in Sections 401.A and 401.B above a fully executed Disbursement Agreement in the form attached hereto as Exhibit I and a Redeveloper cash penal bond for the purposes set forth in Sections 401.A and 401.B to be held by the City in the amount of $10,000.
Disbursement Agreement. The City shall accept in lieu of the requirements in Sections 401.A and 401.B above a fully executed Disbursement Agreement in the form attached hereto as Exhibit K or some other form acceptable to the City and a Redeveloper cash deposit for the purposes set forth in Sections 401.A and 401.B to be held by the City in the amount of $10,000.00. The cash deposit will be refunded upon issuance of the Certificate of Completion for the New Building.
Disbursement Agreement. A Disbursement Agreement, duly executed by the parties thereto in form and substance acceptable to the Buyer; and the establishment thereunder of all accounts, computer systems and agreements with the Disbursement Agent necessary for disbursing the Purchase Price related to Wet-Ink Mortgage Loans.
Disbursement Agreement. Concurrently herewith, the Company, the Disbursement Agent, the Bank Agent, the Indenture Trustee and the FF&E Agent, have entered into the Disbursement Agreement in order to set forth, among other things, (a) the mechanics for and allocation of the Company's requests for Advances under the various Facilities and from the Company's Funds Account, (b) the conditions precedent to the Closing Date, to the initial Advance and to subsequent Advances, (c) certain common representations, warranties and covenants of the Company in favor of the Funding Agents and the Lenders and (d) the common events of default and remedies.
Disbursement Agreement. If applicable, a duly executed funds disbursement agreement, together with a report setting forth the sources and uses of the proceeds hereof.
Disbursement Agreement. A. The Recipient, the Department and such other parties as may be reasonably required by the Department, shall enter into a Disbursement Agreement in a form provided by the Department. The Disbursement Agreement shall contain a specific description of the Work, an updated table of Sources and Uses, and the specific terms and conditions for the disbursement of Program funds. In the event of a conflict between this Agreement and the Disbursement Agreement, as determined by the Department, the terms of the Disbursement Agreement, being the later and more specific document, shall govern; provided however, that no resolution of any such conflict shall be contrary to, or result in a waiver or violation of, the Guidelines or the NOFA.
B. The requirement for a Disbursement Agreement, set forth in this paragraph, may be waived by the Department where, at its sole discretion, it determines that:
1) Satisfactory completion of the Work has occurred,
2) Proper disbursement and use of Program funds have occurred,
3) Performance of, and compliance with, all the obligations, terms and conditions of this Agreement have occurred, and,
4) Compliance with all applicable statutes, laws, guidelines, and regulations, all have been or will be achieved without the execution of a Disbursement Agreement. The Department may require the submittal by the Recipient of such information, records, documents, certificates and other material, as it deems necessary to make this determination.
C. Payee Data Record Form must be filled out by each Recipient receiving grant funds. All payee(s) receiving Grant funds are listed in provision Ex. B-E.5 of Exhibit E of this Agreement.
Disbursement Agreement. The undersigned are parties to that certain Amended and Restated Master Disbursement Agreement, dated as of October 25, 2007, as amended by that certain First Amendment to Amended and Restated Master Disbursement Agreement, dated as of October 31, 2007, as amended by that certain Second Amendment to Amended and Restated Master Disbursement Agreement, dated as of November 6, 2007, as amended by Section 7(a) of that certain Fourth Amendment to Amended and Restated Credit Agreement, dated as of April 17, 2009, as amended by that certain Third Amendment to Amended and Restated Master Disbursement Agreement, dated as of October 19, 2009, and as amended by that certain Fourth Amendment to Amended and Restated Master Disbursement Agreement, dated as of April 28, 2010 (the “Existing Agreement”, and as amended hereby, and as further amended, amended and restated, supplemented or otherwise modified from time to time, the “Disbursement Agreement”), among the Company, the Bank Agent and the Disbursement Agent. Capitalized terms used but not otherwise defined herein shall have the meanings given in the Disbursement Agreement.
Disbursement Agreement. The term “Disbursement Agreement” shall mean that form of Disbursement Agreement that is attached hereto as EXHIBIT B to be executed by and between Borrower and Lender and which sets forth certain conditions that must be met in order to seek an Advance of principal hereunder.
Disbursement Agreement. The City shall accept in lieu of the requirements in Sections 401.A and 401.B above a fully executed Disbursement Agreement in the form attached hereto as Exhibit J or some other form acceptable to the City and a Redeveloper cash deposit for the purposes set forth in Sections 401.A and 401.B to be held by the City in the amount of $10,000. The cash deposit will be refunded upon issuance of the Certificate of Completion for the Private Improvements. If this alternative is used, the City’s Notice to Proceed with Site Preparation and construction of the Private Improvements shall not be issued until said payment and Disbursement Agreement have been provided to and approved by the City.
