Common use of Draw-Down Funding Clause in Contracts

Draw-Down Funding. The Funding Loan is originated on a draw-down basis. The proceeds of the Funding Loan shall be advanced by the Funding Lender directly to the Borrower for the account of the Governmental Lender as and when needed to make each advance in accordance with the disbursement provisions of the Borrower Loan Agreement and the Construction Funding Agreement. Upon each advance of principal of the Borrower Loan under the Borrower Loan Agreement and the Construction Funding Agreement, a like amount of the Funding Loan shall be deemed concurrently and simultaneously advanced under this Funding Loan Agreement, including the initial advance of $ . Notwithstanding anything in this Funding Loan Agreement to the contrary, no additional amounts of the Funding Loan may be drawn down and funded hereunder after December 1, 2018; provided, however, that upon the delivery of a Tax Counsel No Adverse Effect Opinion to the Governmental Lender and the Funding Lender such date may be changed to a later date as specified in such Tax Counsel No Adverse Effect Opinion. The Governmental Lender consents to the terms of the Contingency Draw-Down Agreement and agrees to take all actions requested in writing by the Funding Lender or the Borrower that are reasonably required of the Governmental Lender, in connection with the conversion of the Funding Loan to a fully drawn loan pursuant to the provisions of the Contingency Draw-Down Agreement in the event a Draw-Down Notice is filed by the Funding Lender or the Borrower, all at the expense of the Borrower.

Appears in 2 contracts

Samples: Funding Loan Agreement, Funding Loan Agreement

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Draw-Down Funding. The Funding Loan is originated on a draw-down basis. The proceeds of the Funding Loan shall be advanced by the Funding Lender directly to the Borrower Fiscal Agent for deposit by the Fiscal Agent to the Project Fund for the account of the Governmental Lender as and when needed to make each advance in accordance with the disbursement provisions of the Borrower Loan Agreement and the Construction Funding Agreement. Upon each advance of principal Subject to the terms and conditions of the Borrower Loan under the Borrower Loan Agreement and the Construction Funding Agreement, a like amount the Funding Xxxxxx agrees to advance, on behalf of the Governmental Lender, to the Fiscal Agent for deposit by the Fiscal Agent to the Project Fund at least $51,000 for the portion of the Funding Loan shall be deemed concurrently and simultaneously advanced under this Funding Loan Agreement, including evidenced by the initial advance of $ Tax-Exempt Governmental Lender Note on the Closing Date. Notwithstanding anything in this Funding Loan Agreement to the contrary, no additional amounts of the Funding Loan may be drawn down and funded hereunder after December March 1, 20182019; provided, however, that upon the delivery of a Tax Counsel No Adverse Effect Opinion to the Governmental Lender and the Funding Lender such date may be changed to a later date as specified in such Tax Counsel No Adverse Effect Opinion. The portion of the Funding Loan evidenced by the Tax-Exempt Governmental Lender Note shall be drawn down first, in its entirety, before the portion of the Funding Loan evidenced by the Taxable Governmental Lender Note is drawn down. The Governmental Lender consents to the terms of the Contingency Draw-Down Agreement and agrees to take all actions requested in writing by the Funding Lender or the Borrower that are reasonably required of the Governmental Lender, in connection with the conversion of the Funding Loan to a fully drawn loan pursuant to the provisions of the Contingency Draw-Down Agreement in the event a Draw-Down Notice is filed by the Funding Lender or the Borrower, all at the expense of the Borrower.

Appears in 2 contracts

Samples: Funding Loan Agreement, Funding Loan Agreement

Draw-Down Funding. The Funding Loan is originated on a draw-down basis. The proceeds of the Funding Loan shall be advanced by the Funding Lender directly to the Fiscal Agent for disbursement to the Borrower for the account of the Governmental Lender as and when needed to make each advance in accordance with the disbursement provisions of the this Funding Loan Agreement, the Borrower Loan Agreement and the Construction Funding Agreement. Upon each advance of principal of the Borrower Loan under the Borrower Loan Agreement and the Construction Funding Agreement, a like amount of the Funding Loan shall be deemed concurrently and simultaneously advanced under this Funding Loan Agreement, including the initial advance of $ . Subject to the terms and conditions of the Borrower Loan Agreement, the Funding Lender agrees to advance, on behalf of the Governmental Lender, to the Fiscal Agent for disbursement to the Borrower under this Funding Loan Agreement, the Borrower Loan Agreement and the Construction Funding Agreement at least $ on the Closing Date. Notwithstanding anything in this Funding Loan Agreement to the contrary, no additional amounts of the Funding Loan may be drawn down and funded hereunder after December 131, 2018; provided, however, that upon the delivery of a Tax Counsel No Adverse Effect Opinion to the Governmental Lender and the Funding Lender such date may be changed to a later date as specified in such Tax Counsel No Adverse Effect Opinion. The Governmental Lender has reviewed and approved the form of Contingency Draw- Down Agreement and consents to the terms of the Contingency Draw-Down Agreement thereof and agrees to take all actions requested in writing by the Funding Lender or the Borrower that are reasonably required of the Governmental Lender, Lender in connection with the conversion of the Funding Loan to a fully drawn loan pursuant to the provisions of the Contingency Draw-Down Agreement in the event a Draw-Down Notice is filed by the Funding Lender or the Borrower, all at the expense of the Borrower.

Appears in 2 contracts

Samples: Funding Loan Agreement, Funding Loan Agreement

Draw-Down Funding. The Funding Loan is originated on a draw-down basis. The proceeds of the Funding Loan shall be advanced by the Funding Lender directly to the Borrower for the account of the Governmental Lender as and when needed to make each advance in accordance with the disbursement provisions of the Borrower Loan Agreement and the Construction Funding Agreement. Upon each advance of principal of the Borrower Loan under the Borrower Loan Agreement and the Construction Funding Agreement, a like amount of the Funding Loan shall be deemed concurrently and simultaneously advanced under this Funding Loan Agreement, including the initial advance of $ $[ ]. Subject to the terms and conditions of the Borrower Loan Agreement, the Funding Lender agrees to advance, on behalf of the Governmental Lender, to the Borrower under the Borrower Loan Agreement at least $[ ] on the Closing Date, and the Funding Lender agrees to correspondingly and simultaneously advance this amount for the account of the Governmental Lender under this Funding Loan Agreement as an advance on the Funding Loan. Borrower Loan advances and Funding Loan advances shall be allocated first to the Borrower Note Series 2015A-1 and the related Tax-Exempt Governmental Lender Note and, once the foregoing notes have been fully funded, then to the Borrower Note Taxable Series 2015A-2 and the related Taxable Governmental Lender Note. Notwithstanding anything in this Funding Loan Agreement to the contrary, no additional amounts of the Funding Loan may be drawn down and funded hereunder after December 131, 2018; provided, however, that upon the delivery of a Tax Counsel No Adverse Effect Opinion to the Governmental Lender and the Funding Lender such date may be changed to a later date as specified in such Tax Counsel No Adverse Effect Opinion. The Governmental Lender has reviewed and approved the form of Contingency Draw- Down Agreement and consents to the terms of the Contingency Draw-Down Agreement thereof and agrees to take all actions requested in writing by the Funding Lender or the Borrower that are reasonably required of the Governmental Lender, Lender in connection with the conversion of the portion of the Funding Loan evidenced by the Tax-Exempt Governmental Lender Note to a fully drawn loan pursuant to the provisions of the Contingency Draw-Down Agreement in the event a Draw-Draw- Down Notice is filed by the Funding Lender or the Borrower, all at the expense of the Borrower.

Appears in 1 contract

Samples: Funding Loan Agreement

Draw-Down Funding. The Funding Loan is originated on a draw-down basis. The proceeds of the Funding Loan shall be advanced by the Funding Lender directly to the Fiscal Agent for disbursement to the Borrower for the account of the Governmental Lender as and when needed to make each advance in accordance with the disbursement provisions of the this Funding Loan Agreement, the Borrower Loan Agreement and the Construction Funding Agreement. Upon each advance of principal of the Borrower Loan under the Borrower Loan Agreement and the Construction Funding Agreement, a like amount of the Funding Loan shall be deemed concurrently and simultaneously advanced under this Funding Loan Agreement, including the initial advance of $ $[ ]. Subject to the terms and conditions of the Borrower Loan Agreement, the Funding Lender agrees to fund such initial advance, on behalf of the Governmental Lender, to the Fiscal Agent for disbursement to the Borrower under this Funding Loan Agreement, the Borrower Loan Agreement and the Construction Funding Agreement on the Closing Date. Draws on the Funding Loan and disbursements of the Borrower Loan will initially be attributed to the Series 2016B-1 Governmental Lender Note and the Series 2016B-1 Borrower Note until the maximum principal amount of such notes is funded, and then the Series 2016B-2 Governmental lender Note and the Series 2016B-2 Borrower Note will be drawn down. Notwithstanding anything in this Funding Loan Agreement to the contrary, no additional amounts of the Funding Loan may be drawn down and funded hereunder after December 1[January 6, 20182020]; provided, however, that upon the delivery of a Tax Counsel No Adverse Effect Opinion to the Governmental Lender and the Funding Lender such date may be changed to a later date as specified in such Tax Counsel No Adverse Effect Opinion. The Governmental Lender consents to has reviewed and approved the terms form of the Contingency Draw-Down Agreement and consents to the terms thereof and agrees to take all actions requested in writing by the Funding Lender or the Borrower that are reasonably required of the Governmental Lender, Lender in connection with the conversion of the Funding Loan to a fully drawn loan pursuant to the provisions of the Contingency Draw-Down Agreement in the event a Draw-Down Notice is filed by the Funding Lender or the Borrower, all at the expense of the Borrower.

Appears in 1 contract

Samples: Funding Loan Agreement

Draw-Down Funding. The Funding Loan is originated on a draw-down basis. The proceeds of the Funding Loan shall be advanced by the Funding Lender directly to the Borrower Fiscal Agent (pursuant to the wiring instructions on Exhibit E attached hereto) for deposit by the Fiscal Agent to the Project Fund for the account of the Governmental Lender as and when needed to make each advance in accordance with the disbursement provisions of the Borrower Loan Agreement and the Construction Funding Agreement. Upon each advance of principal Subject to the terms and conditions of the Borrower Loan under the Borrower Loan Agreement and the Construction Funding Agreement, a like amount the Funding Xxxxxx agrees to advance, on behalf of the Funding Loan shall be deemed concurrently and simultaneously advanced under this Funding Loan AgreementGovernmental Lender, including to the initial advance of Fiscal Agent for deposit by the Fiscal Agent to the Project Fund $ on the Closing Date. Notwithstanding anything in this Funding Loan Agreement to the contrary, no additional amounts of the Funding Loan may be drawn down and funded hereunder after December 1, 2018the third anniversary of the Closing Date; provided, however, that upon the delivery of a Tax Counsel No Adverse Effect Opinion to the Governmental Lender and the Funding Lender such date may be changed to a later date as specified in such Tax Counsel No Adverse Effect Opinion. Borrower Loan advances and Funding Loan advances shall be allocated first to the Tax Exempt Borrower Note and the related Tax Exempt Governmental Lender Note and, once the Tax Exempt Borrower Note and the related Tax Exempt Governmental Lender Note have been fully funded, then to the Taxable Borrower Note and the related Taxable Governmental Lender Note. The Governmental Lender consents to the terms of the Contingency Draw-Down Agreement and agrees to take all actions requested in writing by the Funding Lender or the Borrower that are reasonably required of the Governmental Lender, in connection with the conversion of the Funding Loan to a fully drawn loan pursuant to the provisions of the Contingency Draw-Down Agreement in the event a Draw-Down Notice is filed by the Funding Lender or the Borrower, all at the expense of the Borrower. The Funding Lender authorizes and directs the Fiscal Agent to enter into the Contingency Draw-Down Agreement.

Appears in 1 contract

Samples: Funding Loan Agreement

Draw-Down Funding. The Funding Loan is originated on a draw-down basis. The proceeds of the Funding Loan shall be advanced by the Funding Lender directly to the Borrower for the account of the Governmental Lender as and when needed to make each advance in accordance with the disbursement provisions of the Borrower Loan Agreement and the Construction Funding Agreement. Upon each advance of principal of the Borrower Loan under the Borrower Loan Agreement and the Construction Funding Agreement, a like amount of the Funding Loan shall be deemed concurrently and simultaneously advanced under this Funding Loan Agreement, including the initial advance of $ _. Notwithstanding anything in this Funding Loan Agreement to the contrary, no additional amounts of the Funding Loan may be drawn down and funded hereunder after December June 1, 20182019; provided, however, that upon the delivery of a Tax Counsel No Adverse Effect Opinion to the Governmental Lender and the Funding Lender such date may be changed to a later date as specified in such Tax Counsel No Adverse Effect Opinion. The Governmental Lender consents to the terms of the Contingency Draw-Down Agreement and agrees to take all actions requested in writing by the Funding Lender or the Borrower that are reasonably required of the Governmental Lender, in connection with the conversion of the Funding Loan to a fully drawn loan pursuant to the provisions of the Contingency Draw-Down Agreement in the event a Draw-Down Notice is filed by the Funding Lender or the Borrower, all at the expense of the Borrower.

Appears in 1 contract

Samples: Funding Loan Agreement

Draw-Down Funding. The Funding Loan is originated on a draw-down basis. The proceeds of the Funding Loan shall be advanced by the Funding Lender directly to the Borrower for the account of the Governmental Lender as and when needed to make each advance in accordance with the disbursement provisions of the Borrower Loan Agreement and the Construction Funding Agreement. Upon each advance of principal of the Borrower Loan under the Borrower Loan Agreement and the Construction Funding Agreement, a like amount of the Funding Loan shall be deemed concurrently and simultaneously advanced under this Funding Loan Agreement, including the initial advance of $ $7,083,682.71. Subject to the terms and conditions of the Borrower Loan Agreement, the Funding Lender agrees to advance, on behalf of the Governmental Lender, to the Borrower under the Borrower Loan Agreement $7,083,682.71 on the Closing Date, and the Funding Lender agrees to correspondingly and simultaneously advance this amount for the account of the Governmental Lender under this Funding Loan Agreement as an advance on the Funding Loan. Notwithstanding anything in this Funding Loan Agreement to the contrary, no additional amounts of the Funding Loan may be drawn down and funded hereunder after December 131, 2018; provided, however, that upon the delivery of a Tax Counsel No Adverse Effect Opinion to the Governmental Lender and the Funding Lender such date may be changed to a later date as specified in such Tax Counsel No Adverse Effect Opinion. The Governmental Lender consents to has reviewed and approved the terms form of the Contingency Draw-Down Agreement and consents to the terms thereof and agrees to take all actions requested in writing by the Funding Lender or the Borrower that are reasonably required of the Governmental Lender, Lender in connection with the conversion of the Funding Loan to a fully drawn loan pursuant to the provisions of the Contingency Draw-Down Agreement in the event a Draw-Down Notice is filed by the Funding Lender or the Borrower, all at the expense of the Borrower.

Appears in 1 contract

Samples: Borrower Loan Agreement

Draw-Down Funding. The Funding Loan is originated on a draw-down basis. The proceeds of the Funding Loan shall be advanced by the Funding Lender directly to the Borrower for the account of the Governmental Lender as and when needed to make each advance in accordance with the disbursement provisions of the Borrower Loan Agreement and the Construction Funding Agreement. Upon each advance of principal of the Borrower Loan under the Borrower Loan Agreement and the Construction Funding Agreement, a like amount of the Funding Loan shall be deemed concurrently and simultaneously advanced under this Funding Loan Agreement, including the initial advance of $ $55,000.00. Notwithstanding anything in Subject to the terms and conditions of the Borrower Loan Agreement, the Funding Lender agrees to advance, on behalf of the Governmental Lender, to the Borrower under the Borrower Loan Agreement at least $55,000.00 on the Closing Date, and the Funding Lender agrees to correspondingly and simultaneously advance this amount for the account of the Governmental Lender under this Funding Loan Agreement to the contrary, no additional amounts of as an advance on the Funding Loan may be drawn down and funded hereunder after December 1, 2018; provided, however, that upon the delivery of a Tax Counsel No Adverse Effect Opinion to the Governmental Lender and the Funding Lender such date may be changed to a later date as specified in such Tax Counsel No Adverse Effect OpinionLoan. The Governmental Lender consents to the terms of acknowledges the Contingency Draw-Down Agreement and agrees to take all actions requested in writing by the Funding Lender or the Borrower that are reasonably required of the Governmental Lender, Lender in connection with the conversion of the Funding Loan to a fully drawn loan pursuant to the provisions of the Contingency Draw-Down Agreement in the event that a Draw-Down Notice is filed by the Funding Lender or the Borrower, all at subject to the expense provisions of Article XI of the Borrower Loan Agreement, and provided that payment of any costs incurred by the Governmental Lender in connection therewith shall be the responsibility of the Borrower.

Appears in 1 contract

Samples: Borrower Loan Agreement

Draw-Down Funding. The Funding Loan is originated on a draw-down basis. The proceeds of the Funding Loan shall be advanced by the Funding Lender directly to the Borrower Fiscal Agent (pursuant to the wiring instructions on Exhibit E attached hereto) for deposit by the Fiscal Agent to the Project Fund for the account of the Governmental Lender as and when needed to make each advance in accordance with the disbursement provisions of the Borrower Loan Agreement and the Construction Funding Agreement. Upon each advance of principal Subject to the terms and conditions of the Borrower Loan under Agreement, the Funding Lender agrees to advance, on behalf of the Governmental Lender, to the Fiscal Agent for deposit by the Fiscal Agent to the Project Fund $ on the Closing Date. The Borrower Loan Agreement advances and Funding Loan advances shall be allocated first to the Series B-1 Borrower Note and the Construction Funding Agreementrelated Series B-1 Governmental Lender Note and, a like amount of once the Funding Loan shall be deemed concurrently foregoing have been fully funded, then to the Series B-2 Borrower Note and simultaneously advanced under this Funding Loan Agreement, including the initial advance of $ related Series B-2 Governmental Lender Note. Notwithstanding anything in this Funding Loan Agreement to the contrary, no additional amounts of the Funding Loan may be drawn down and funded hereunder after December 1, 2018the third anniversary of the Closing Date; provided, however, that upon the delivery of a Tax Counsel No Adverse Effect Opinion to the Governmental Lender and the Funding Lender such date may be changed to a later date as specified in such Tax Counsel No Adverse Effect Opinion. The Governmental Lender consents to the terms of the Contingency Draw-Down Agreement and agrees to take all actions requested in writing by the Funding Lender or the Borrower that are reasonably required of the Governmental Lender, in connection with the conversion of the Funding Loan to a fully drawn loan pursuant to the provisions of the Contingency Draw-Down Agreement in the event a Draw-Down Notice is filed by the Funding Lender or the Borrower, all at the expense of the Borrower. The Funding Lender authorizes and directs the Fiscal Agent to enter into the Contingency Draw-Down Agreement.

Appears in 1 contract

Samples: Funding Loan Agreement

Draw-Down Funding. The Funding Loan is originated on a draw-down basis. The proceeds of the Funding Loan shall be advanced by the Funding Lender directly to the Borrower Fiscal Agent (pursuant to the wiring instructions on Exhibit E attached hereto) for the account of the Governmental Lender for disbursement to the Borrower as and when needed to make each advance in accordance with the disbursement provisions of the Borrower Loan Agreement and the Construction Funding Agreement. Upon each advance of principal of the Borrower Loan under the Borrower Loan Agreement and the Construction Funding Agreement, a like amount of the Funding Loan shall be deemed concurrently and simultaneously advanced under this Funding Loan Agreement, including the initial advance of $ (being all of the proceeds of the Governmental Lender Series 2021A Note [in the amount of $[14,480,000], and $ of the proceeds of the Governmental Lender Series 2021B Note]), which amount is at least equal to the lesser amount of $50,000 or 5% of the aggregate principal amount of the Governmental Lender Notes. Subject to the terms and conditions of the Borrower Loan Agreement, the Funding Lender agrees to fund such initial advance, on behalf of the Governmental Lender, to the Fiscal Agent for disbursement to the Borrower under the Borrower Loan Agreement on the Closing Date, and the Funding Lender agrees that a like amount will be deemed to be correspondingly and simultaneously advanced for the account of the Governmental Lender under this Funding Loan Agreement as an advance on the Funding Loan. Notwithstanding anything in this Funding Loan Agreement to the contrary, no additional amounts of the Funding Loan may be drawn down and funded hereunder after December 131, 20182024; provided, however, that upon the delivery of a Tax Counsel No Adverse Effect Opinion to the Governmental Lender and the Funding Lender Lender, such date may be changed to a later date as specified in such Tax Counsel No Adverse Effect Opinion. The Governmental Lender consents to has reviewed and approved the terms form of the Contingency Draw-Down Agreement and consents to the terms thereof and agrees to take all actions requested in writing by the Funding Lender or the Borrower that are reasonably required of the Governmental Lender, Lender in connection with the conversion of the Funding Loan to a fully drawn loan pursuant to the provisions of the Contingency Draw-Draw- Down Agreement in the event a Draw-Down Notice is filed by the Funding Lender or the Borrower, all at the expense of the Borrower.

Appears in 1 contract

Samples: Funding Loan Agreement

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Draw-Down Funding. The Funding Loan is originated on a draw-down basis. The proceeds of the Funding Loan shall be advanced by the Funding Lender directly to the Fiscal Agent for disbursement to the Borrower for the account of the Governmental Lender as and when needed to make each advance in accordance with the disbursement provisions of the Borrower this Funding Loan Agreement and the Construction Funding Borrower Loan Agreement. Upon each advance of principal of the Borrower Loan under the Borrower Loan Agreement and the Construction Funding Agreement, a like amount of the Funding Loan shall be deemed concurrently and simultaneously advanced under this Funding Loan Agreement, including the initial advance of $ . Borrower Loan advances and Funding Loan advances shall be allocated first to the Borrower Note Series B-1 and related Series B-1 Note and, once the foregoing notes have been fully funded, then to the Borrower Note Series B-2 and related Series B-2 Note. Notwithstanding anything in this Funding Loan Agreement to the contrary, no additional amounts of the Funding Loan may be drawn down and funded hereunder after December 131, 20182023; provided, however, that upon the delivery of a Tax Counsel No Adverse Effect Opinion to the Governmental Lender and the Funding Lender such date may be changed to a later date as specified in such Tax Counsel No Adverse Effect Opinion. The Governmental Lender consents to the terms of the Contingency Draw-Down Agreement and agrees to take all actions requested in writing by the Funding Lender or the Borrower that are reasonably required of the Governmental Lender, Lender in connection with the conversion of the Funding Loan to a fully drawn loan pursuant to the provisions of the Contingency Draw-Down Agreement in the event a Draw-Down Notice is filed by the Funding Lender or the Borrower, all at the expense of the Borrower.

Appears in 1 contract

Samples: Funding Loan Agreement

Draw-Down Funding. The Funding Loan is originated on a draw-down basis. The proceeds of the Funding Loan shall be advanced by the Funding Lender directly to the Borrower Fiscal Agent (pursuant to the wiring instructions on Exhibit E attached hereto) for deposit by the Fiscal Agent to the Project Fund for the account of the Governmental Lender as and when needed to make each advance in accordance with the disbursement provisions of the Borrower Loan Agreement and the Construction Funding Agreement. Upon each advance of principal Subject to the terms and conditions of the Borrower Loan under Agreement, the Funding Xxxxxx agrees to advance, on behalf of the Governmental Lender, to the Fiscal Agent for deposit by the Fiscal Agent to the Project Fund $ on the Closing Date. The Borrower Loan Agreement advances and Funding Loan advances shall be allocated first to the Series A-1 Borrower Note and the Construction Funding Agreementrelated Series A-1 Governmental Lender Note and, a like amount of once the Funding Loan shall be deemed concurrently foregoing have been fully funded, then to the Series A-2 Borrower Note and simultaneously advanced under this Funding Loan Agreement, including the initial advance of $ related Series A-2 Governmental Lender Note. Notwithstanding anything in this Funding Loan Agreement to the contrary, no additional amounts of the Funding Loan may be drawn down and funded hereunder after December 1, 2018the third anniversary of the Closing Date; provided, however, that upon the delivery of a Tax Counsel No Adverse Effect Opinion to the Governmental Lender and the Funding Lender such date may be changed to a later date as specified in such Tax Counsel No Adverse Effect Opinion. The portion of the Funding Loan evidenced by the Tax-Exempt Governmental Lender Note shall be drawn down first, in its entirety, before the portion of the Funding Loan evidenced by the Taxable Governmental Lender Note is drawn down. The Governmental Lender consents to the terms of the Contingency Draw-Down Agreement and agrees to take all actions requested in writing by the Funding Lender or the Borrower that are reasonably required of the Governmental Lender, in connection with the conversion of the Funding Loan to a fully drawn loan pursuant to the provisions of the Contingency Draw-Down Agreement in the event a Draw-Down Notice is filed by the Funding Lender or the Borrower, all at the expense of the Borrower. The Funding Lender authorizes and directs the Fiscal Agent to enter into the Contingency Draw-Down Agreement.

Appears in 1 contract

Samples: Funding Loan Agreement

Draw-Down Funding. The Funding Loan is originated on a draw-down basis. The proceeds of the Funding Loan shall be advanced by the Funding Lender directly to the Fiscal Agent for disbursement to the Borrower for the account of the Governmental Lender as and when needed to make each advance in accordance with the disbursement provisions of the this Funding Loan Agreement, the Borrower Loan Agreement and the Construction Funding Agreement. Upon each advance of principal of the Borrower Loan under the Borrower Loan Agreement and the Construction Funding Agreement, a like amount of the Funding Loan shall be deemed concurrently and simultaneously advanced under this Funding Loan Agreement, including the initial advance of $ $[ ]. Subject to the terms and conditions of the Borrower Loan Agreement, the Funding Lender agrees to fund such initial advance, on behalf of the Governmental Lender, to the Fiscal Agent for disbursement to the Borrower under this Funding Loan Agreement, the Borrower Loan Agreement and the Construction Funding Agreement on the Closing Date. Draws on the Funding Loan and disbursements of the Borrower Loan will initially be attributed to the Series A-1 Governmental Lender Note and the Series A-1 Borrower Note until the maximum principal amount of such notes is funded, and then the Series A-2 Governmental lender Note and the Series A-2 Borrower Note will be drawn down. Notwithstanding anything in this Funding Loan Agreement to the contrary, no additional amounts of the Funding Loan may be drawn down and funded hereunder after December 1[January , 20182020]; provided, however, that upon the delivery of a Tax Counsel No Adverse Effect Opinion to the Governmental Lender and the Funding Lender such date may be changed to a later date as specified in such Tax Counsel No Adverse Effect Opinion. The Governmental Lender consents to has reviewed and approved the terms form of the Contingency Draw-Down Agreement and consents to the terms thereof and agrees to take all actions requested in writing by the Funding Lender or the Borrower that are reasonably required of the Governmental Lender, Lender in connection with the conversion of the Funding Loan to a fully drawn loan pursuant to the provisions of the Contingency Draw-Down Agreement in the event a Draw-Down Notice is filed by the Funding Lender or the Borrower, all at the expense of the Borrower.

Appears in 1 contract

Samples: Funding Loan Agreement

Draw-Down Funding. The Funding Loan is originated on a draw-down basis. The proceeds of the Funding Loan shall be advanced by the Funding Lender directly to the Borrower Fiscal Agent (pursuant to the wiring instructions on Exhibit E attached hereto) for deposit by the Fiscal Agent to the Project Fund for the account of the Governmental Lender as and when needed to make each advance in accordance with the disbursement provisions of the Borrower Loan Agreement and the Construction Funding Agreement. Upon each advance of principal Subject to the terms and conditions of the Borrower Loan under Agreement, the Funding Xxxxxx agrees to advance, on behalf of the Governmental Lender, to the Fiscal Agent for deposit by the Fiscal Agent to the Project Fund $ on the Closing Date. The Borrower Loan Agreement advances and Funding Loan advances shall be allocated first to the Series B-1 Borrower Note and the Construction Funding Agreementrelated Series B-1 Governmental Lender Note and, a like amount of once the Funding Loan shall be deemed concurrently foregoing have been fully funded, then to the Series B-2 Borrower Note and simultaneously advanced under this Funding Loan Agreement, including the initial advance of $ related Series B-2 Governmental Lender Note. Notwithstanding anything in this Funding Loan Agreement to the contrary, no additional amounts of the Funding Loan may be drawn down and funded hereunder after December 1, 2018the third anniversary of the Closing Date; provided, however, that upon the delivery of a Tax Counsel No Adverse Effect Opinion to the Governmental Lender and the Funding Lender such date may be changed to a later date as specified in such Tax Counsel No Adverse Effect Opinion. The portion of the Funding Loan evidenced by the Tax-Exempt Governmental Lender Notes shall be drawn down first, in its entirety, before the portion of the Funding Loan evidenced by the Taxable Governmental Lender Note is drawn down. The Governmental Lender consents to the terms of the Contingency Draw-Down Agreement and agrees to take all actions requested in writing by the Funding Lender or the Borrower that are reasonably required of the Governmental Lender, in connection with the conversion of the Funding Loan to a fully drawn loan pursuant to the provisions of the Contingency Draw-Down Agreement in the event a Draw-Down Notice is filed by the Funding Lender or the Borrower, all at the expense of the Borrower. The Funding Lender authorizes and directs the Fiscal Agent to enter into the Contingency Draw-Down Agreement.

Appears in 1 contract

Samples: Funding Loan Agreement

Draw-Down Funding. The Funding Loan is originated on a draw-down basis. The proceeds of the Funding Loan shall be advanced by the Funding Lender directly to the Fiscal Agent for disbursement to the Borrower for the account of the Governmental Lender as and when needed to make each advance in accordance with the disbursement provisions of the this Funding Loan Agreement, the Borrower Loan Agreement and the Construction Funding Agreement. Upon each advance of principal of the Borrower Loan under the Borrower Loan Agreement and the Construction Funding Agreement, a like amount of the Funding Loan shall be deemed concurrently and simultaneously advanced under this Funding Loan Agreement, including the initial advance of $ $[ ]. Subject to the terms and conditions of the Borrower Loan Agreement, the Funding Lender agrees to fund such initial advance, on behalf of the Governmental Lender, to the Fiscal Agent for disbursement to the Borrower under this Funding Loan Agreement, the Borrower Loan Agreement and the Construction Funding Agreement on the Closing Date. Draws on the Funding Loan and disbursements of the Borrower Loan will initially be attributed to the Series B-1 Governmental Lender Note and the Series B-1 Borrower Note until the maximum principal amount of such notes is funded, and then the Series B-2 Governmental lender Note and the Series B-2 Borrower Note will be drawn down. Notwithstanding anything in this Funding Loan Agreement to the contrary, no additional amounts of the Funding Loan may be drawn down and funded hereunder after December 1[January , 20182020]; provided, however, that upon the delivery of a Tax Counsel No Adverse Effect Opinion to the Governmental Lender and the Funding Lender such date may be changed to a later date as specified in such Tax Counsel No Adverse Effect Opinion. The Governmental Lender consents to has reviewed and approved the terms form of the Contingency Draw-Down Agreement and consents to the terms thereof and agrees to take all actions requested in writing by the Funding Lender or the Borrower that are reasonably required of the Governmental Lender, Lender in connection with the conversion of the Funding Loan to a fully drawn loan pursuant to the provisions of the Contingency Draw-Down Agreement in the event a Draw-Down Notice is filed by the Funding Lender or the Borrower, all at the expense of the Borrower.

Appears in 1 contract

Samples: Funding Loan Agreement

Draw-Down Funding. The Funding Loan is originated on a draw-down basis. The proceeds of the Funding Loan shall be advanced by the Funding Lender directly to the Fiscal Agent for payment to or for the benefit of the Borrower for the account of the Governmental Lender as and when needed to make each advance in accordance with the disbursement provisions of Section 7.7 hereof, Section 2.11 of the Borrower Loan Agreement and of the Construction Funding Agreement. Upon each advance of principal of the Borrower Loan principal, under the Borrower Loan Agreement and the Construction Funding Agreement, a like amount of the Funding Loan shall be deemed concurrently and simultaneously advanced under this Funding Loan Agreement, including the initial advance of $ $[ ] which amount shall be advanced under the Borrower Note and deposited with the Fiscal Agent and disbursed on the Closing Date pursuant to a Written Requisition. Subject to the terms and conditions of the Borrower Loan Agreement, the Funding Lender agrees to advance on behalf of the Governmental Lender, through the Fiscal Agent, to the Borrower under the Borrower Loan Agreement at least $55,000 on the Closing Date, and the Governmental Lender agrees that such advance shall be deemed an advance on the Funding Loan for the account of the Governmental Lender under this Funding Loan Agreement. Notwithstanding anything in this Funding Loan Agreement to the contrary, no additional amounts of the Funding Loan may be drawn down and funded hereunder after December 131, 20182020; provided, however, that upon the delivery of a Tax Counsel No Adverse Effect Opinion to the Governmental Lender and the Funding Lender such date may be changed to a later date as specified in such Tax Counsel No Adverse Effect Opinion. The Governmental Lender consents to has reviewed and approved the terms form of the Contingency Draw-Down Agreement and consents to the terms thereof and agrees to take all actions requested in writing by the Funding Lender or the Borrower that are reasonably required of the Governmental Lender, Lender in connection with the conversion of the Funding Loan to a fully drawn loan pursuant to the provisions of the Contingency Draw-Down Agreement in the event a Draw-Down Notice is filed by the Funding Lender or the Borrower, all at the expense of the Borrower.

Appears in 1 contract

Samples: Funding Loan Agreement

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