Common use of Events of Noncompliance Clause in Contracts

Events of Noncompliance. If any one or more of the following events occurs, the CDFI Fund, in its sole discretion, may find the Recipient to be in noncompliance: (a) fraud, mismanagement or noncompliance with the Act; (b) any representation, covenant, warranty, certification, assurance or any other statement of fact set forth in this Assistance Agreement or the Application including, but not limited to, the Assurances and Certifications contained in the Application, or any representation or warranty set forth in any document, report, certificate, financial statement or instrument now or hereafter furnished in connection with the Assistance Agreement, is found by the CDFI Fund to be inaccurate, false, incomplete or misleading when made, in any material respect; (c) A Material Weakness, a qualified opinion or any statement in the Recipient’s annual audited financial statements that evidences a failure of the Recipient to be financially sound, be managerially sound and/or maintain appropriate internal controls; (d) the failure of the Recipient to observe, comply with or perform any term, covenant, agreement or other provision contained in the CDFI Program Regulations (12 C.F.R. part 1805), the Authorizing Statute, this Assistance Agreement including, but not limited to, the Performance Goals and reporting requirements, or the Application including, but not limited to, the Assurances and Certifications contained therein or any instrument, note or any other document delivered to the CDFI Fund in connection with or pursuant to the Assistance Agreement; (e) the failure of the Recipient to conduct its business in the usual and ordinary course or to maintain its corporate existence and right to carry on its business and duly obtain all necessary renewals, licenses and extensions thereof and to maintain, preserve and renew all such rights, powers, privileges and franchises; (f) the Recipient’s becoming insolvent or unable to meet its obligations as they mature, making a general assignment for the benefit of creditors, or consenting to the appointment of a trustee or a receiver, or admitting in writing its inability to pay its debts as they mature; (g) the institution of bankruptcy, reorganization, arrangement, insolvency or liquidation proceedings by or against the Recipient and, if instituted against it, the same being consented to by the Recipient or remaining undismissed for a period of thirty (30) calendar days; (h) the Appropriate Federal Banking Agency makes an adverse finding regarding the Recipient; (i) the failure of the Recipient to fully expend the Assistance prior to the end of the Period of Performance.

Events of Noncompliance. If any one or more of the following events occurs, the CDFI Fund, in its sole discretion, may find the Recipient to be in noncompliance: (a) fraudFraud, mismanagement mismanagement, or noncompliance with the Act; (b) any Any representation, covenant, warranty, certification, assurance assurance, or any other statement of fact set forth in this Assistance Agreement or the Application including, but not limited to, the Assurances and Certifications contained in the Application, or any representation or warranty set forth in any document, report, certificate, financial statement or instrument now or hereafter furnished in connection with the Assistance Agreement, is found by the CDFI Fund to be inaccurate, false, incomplete incomplete, or misleading when made, in any material respect; (c) A Material Weakness, an audit finding (as described in 2 C.F.R. § 200.516(a) of the Uniform Administrative Requirements), a qualified opinion or any statement in the Recipient’s annual audited financial statements that evidences a failure of the Recipient to be financially sound, be managerially sound sound, and/or maintain appropriate internal controls; (d) Except as provided in Section 8.1(i), the failure of the Recipient to observe, comply with or perform any term, covenant, agreement agreement, or other provision contained in the CDFI Program Regulations (12 C.F.R. part 1805), the Authorizing StatuteCMF Regulations, this Assistance Agreement including, but not limited to, the Performance Goals and reporting requirementsGoals, or the Application (as modified or superseded by this Assistance Agreement) including, but not limited to, the Assurances and Certifications contained therein or any instrument, note instrument or any other document delivered to the CDFI Fund in connection with or pursuant to the Assistance Agreement; (e) the The failure of the Recipient to conduct its business in the usual and ordinary course or to maintain its corporate existence and right to carry on its business and duly obtain all necessary renewals, licenses licensing and extensions thereof and to maintain, preserve and renew all such rights, powers, privileges privileges, and franchises; (f) the Recipient’s becoming insolvent or unable to meet its obligations as they mature, making a general assignment for the benefit of creditors, or consenting to the appointment of a trustee or a receiver, or admitting in writing its inability to pay its debts as they mature; (g) the institution of bankruptcy, reorganization, arrangement, insolvency or liquidation proceedings by or against the Recipient and, if instituted against it, the same being consented to by the Recipient or remaining undismissed for a period of thirty (30) calendar days; (h) the Appropriate Federal Banking Agency makes an adverse finding regarding the Recipient; (i) the failure of the Recipient to fully expend the Assistance prior to the end of the Period of Performance.

Events of Noncompliance. If any one or more of the following events occurs, the CDFI Fund, in its sole discretion, may find the Recipient to be in noncompliance: (a) fraud, mismanagement or noncompliance with the Act; (b) any representation, covenant, warranty, certification, assurance or any other statement of fact set forth in this Assistance Agreement or the Application including, but not limited to, the Assurances and Certifications contained in the Application, or any representation or warranty set forth in any document, report, certificate, financial statement or instrument now or hereafter furnished in connection with the Assistance Agreement, is found by the CDFI Fund to be inaccurate, false, incomplete or misleading when made, in any material respect; (c) A Material Weakness, a qualified opinion or any statement in the Recipient’s annual audited financial statements that evidences a failure of the Recipient to be financially sound, be managerially sound and/or maintain appropriate internal controls; (d) the failure of the Recipient to observe, comply with or perform any term, covenant, agreement or other provision contained in the CDFI Program Regulations (12 C.F.R. part 1805), the Authorizing Statute, this Assistance Agreement including, but not limited to, the Performance Goals and reporting requirements, or the Application including, but not limited to, the Assurances and Certifications contained therein or any instrument, note or any other document delivered to the CDFI Fund in connection with or pursuant to the Assistance Agreement; (e) the failure of the Recipient to conduct its business in the usual and ordinary course or to maintain its corporate existence and right to carry on its business and duly obtain all necessary renewals, licenses and extensions thereof and to maintain, preserve and renew all such rights, powers, privileges and franchises; (f) the Recipient’s becoming insolvent or unable to meet its obligations as they mature, making a general assignment for the benefit of creditors, or consenting to the appointment of a trustee or a receiver, or admitting in writing its inability to pay its debts as they mature; (g) the institution of bankruptcy, reorganization, arrangement, insolvency or liquidation proceedings by or against the Recipient and, if instituted against it, the same being consented to by the Recipient or remaining undismissed for a period of thirty (30) calendar days; (h) the Appropriate Federal Banking Agency makes an adverse finding regarding the Recipient; (i) the failure of the Recipient to fully expend the Assistance prior to the end of the Period of Performance.

Events of Noncompliance. If any one or more of the following events occurs, the CDFI Fund, in its sole discretion, may find the Recipient to be in noncompliance: (a) fraudFraud, mismanagement mismanagement, or noncompliance with the Act; (b) any Any representation, covenant, warranty, certification, assurance assurance, or any other statement of fact set forth in this Assistance Agreement or the Application including, but not limited to, the Assurances and Certifications contained in the Application, or any representation or warranty set forth in any document, report, certificate, financial statement or instrument now or hereafter furnished in connection with the Assistance Agreement, is found by the CDFI Fund to be inaccurate, false, incomplete incomplete, or misleading when made, in any material respect; (c) A Material Weakness, an audit finding (as described in 2 C.F.R. § 200.5 and 2 C.F.R. § 200.516(a) of the Uniform Administrative Requirements), a qualified opinion or any statement in the Recipient’s annual audited financial statements that evidences a failure of the Recipient to be financially sound, be managerially sound sound, and/or maintain appropriate internal controls; (d) Except as provided in Section 8.1(i), the failure of the Recipient to observe, comply with or perform any term, covenant, agreement agreement, or other provision contained in the CDFI Program Regulations (12 C.F.R. part 1805), the Authorizing StatuteCMF Regulations, this Assistance Agreement including, but not limited to, the Performance Goals and reporting requirementsGoals, or the Application (as modified or superceded by this Assistance Agreement) including, but not limited to, the Assurances and Certifications contained therein or any instrument, note instrument or any other document delivered to the CDFI Fund in connection with or pursuant to the Assistance Agreement; (e) the The failure of the Recipient to conduct its business in the usual and ordinary course or to maintain its corporate existence and right to carry on its business and duly obtain all necessary renewals, licenses licensing and extensions thereof and to maintain, preserve and renew all such rights, powers, privileges privileges, and franchises; (f) the Recipient’s becoming insolvent or unable to meet its obligations as they mature, making a general assignment for the benefit of creditors, or consenting to the appointment of a trustee or a receiver, or admitting in writing its inability to pay its debts as they mature; (g) the institution of bankruptcy, reorganization, arrangement, insolvency or liquidation proceedings by or against the Recipient and, if instituted against it, the same being consented to by the Recipient or remaining undismissed for a period of thirty (30) calendar days; (h) the Appropriate Federal Banking Agency makes an adverse finding regarding the Recipient; (i) the failure of the Recipient to fully expend the Assistance prior to the end of the Period of Performance.

Events of Noncompliance. If any one or more of the following events occurs, the CDFI Fund, in its sole discretion, may find the Recipient to be in noncompliance: (a) fraudFraud, mismanagement mismanagement, or noncompliance with the Act; (b) any Any representation, covenant, warranty, certification, assurance assurance, or any other statement of fact set forth in this Assistance Agreement or the Application including, but not limited to, the Assurances and Certifications contained in the Application, or any representation or warranty set forth in any document, report, certificate, financial statement or instrument now or hereafter furnished in connection with the Assistance Agreement, is found by the CDFI Fund to be inaccurate, false, incomplete incomplete, or misleading when made, in any material respect; (c) A Material Weakness, an audit finding (as described in 2 C.F.R. § 200.5 and 2 C.F.R. § 200.516(a) of the Uniform Administrative Requirements), a qualified opinion or any statement in the Recipient’s annual audited financial statements that evidences a failure of the Recipient to be financially sound, be managerially sound sound, and/or maintain appropriate internal controls; (d) Except as provided in Section 8.1(i), the failure of the Recipient to observe, comply with or perform any term, covenant, agreement agreement, or other provision contained in the CDFI Program Regulations (12 C.F.R. part 1805), the Authorizing StatuteCMF Regulations, this Assistance Agreement including, but not limited to, the Performance Goals and reporting requirementsGoals, or the Application (as modified or superseded by this Assistance Agreement) including, but not limited to, the Assurances and Certifications contained therein or any instrument, note instrument or any other document delivered to the CDFI Fund in connection with or pursuant to the Assistance Agreement; (e) the The failure of the Recipient to conduct its business in the usual and ordinary course or to maintain its corporate existence and right to carry on its business and duly obtain all necessary renewals, licenses licensing and extensions thereof and to maintain, preserve and renew all such rights, powers, privileges privileges, and franchises; (f) the The Recipient’s becoming insolvent or unable to meet its obligations as they mature, making a general assignment for the benefit of creditors, or consenting to the appointment of a trustee or a receiver, or admitting in writing its inability to pay its debts as they mature; (g) the The institution of bankruptcy, reorganization, arrangement, insolvency insolvency, or liquidation proceedings by or against the Recipient and, if instituted against it, the same being consented to by the Recipient or remaining undismissed for a period of thirty (30) calendar days; (h) The occurrence of a Material Event (as defined in Section 7.8 of this Assistance Agreement) to the Appropriate Federal Banking Agency makes an extent that such event has a material adverse finding regarding effect on the Recipient;, its financial condition or business operations and impairs the Recipient’s ability to carry out the eligible activities and uses. (i) the The failure of the Recipient to fully expend satisfy the Assistance prior to conditions set forth in Article IV by the end fifth year (5th year) anniversary of the Period Effective Date. (j) The Recipient’s failure to properly monitor the activities of Performancean Approved SPE. (k) The Recipient’s loss of management or Control over, or its failure to maintain one hundred percent (100%) ownership of, an Approved SPE.

Events of Noncompliance. If any one or more of the following events occurs, the CDFI Fund, in its sole discretion, may find the Recipient to be in noncompliance: (a) fraudFraud, mismanagement mismanagement, or noncompliance with the Act; (b) any Any representation, covenant, warranty, certification, assurance assurance, or any other statement of fact set forth in this Assistance Agreement or the Application including, but not limited to, the Assurances and Certifications contained in the Application, or any representation or warranty set forth in any document, report, certificate, financial statement or instrument now or hereafter furnished in connection with the Assistance Agreement, is found by the CDFI Fund to be inaccurate, false, incomplete incomplete, or misleading when made, in any material respect; (c) A Material Weakness, an audit finding (as described in 2 C.F.R. § 200.5 and 2 C.F.R. § 200.516(a) of the Uniform Administrative Requirements), a qualified opinion or any statement in the Recipient’s annual audited financial statements that evidences a failure of the Recipient to be financially sound, be managerially sound sound, and/or maintain appropriate internal controls; (d) Except as provided in Section 8.1(i), the failure of the Recipient to observe, comply with or perform any term, covenant, agreement agreement, or other provision contained in the CDFI Program Regulations (12 C.F.R. part 1805), the Authorizing StatuteCMF Regulations, this Assistance Agreement including, but not limited to, the Performance Goals and reporting requirementsGoals, or the Application (as modified or superseded by this Assistance Agreement) including, but not limited to, the Assurances and Certifications contained therein or any instrument, note instrument or any other document delivered to the CDFI Fund in connection with or pursuant to the Assistance Agreement; (e) the The failure of the Recipient to conduct its business in the usual and ordinary course or to maintain its corporate existence and right to carry on its business and duly obtain all necessary renewals, licenses licensing and extensions thereof and to maintain, preserve and renew all such rights, powers, privileges privileges, and franchises; (f) the Recipient’s becoming insolvent or unable to meet its obligations as they mature, making a general assignment for the benefit of creditors, or consenting to the appointment of a trustee or a receiver, or admitting in writing its inability to pay its debts as they mature; (g) the institution of bankruptcy, reorganization, arrangement, insolvency or liquidation proceedings by or against the Recipient and, if instituted against it, the same being consented to by the Recipient or remaining undismissed for a period of thirty (30) calendar days; (h) the Appropriate Federal Banking Agency makes an adverse finding regarding the Recipient; (i) the failure of the Recipient to fully expend the Assistance prior to the end of the Period of Performance.

Events of Noncompliance. If any one or more of the following events occurs, the CDFI Fund, in its sole discretion, may find the Recipient to be in noncompliance: (a) fraud, mismanagement or noncompliance with the Act; (b) any representation, covenant, warranty, certification, assurance or any other statement of fact set forth in this Assistance Agreement or the Application including, but not limited to, the Assurances and Certifications contained in the Application, or any representation or warranty set forth in any document, report, certificate, financial statement or instrument now or hereafter furnished in connection with the Assistance Agreement, is found by the CDFI Fund to be inaccurate, false, incomplete or misleading when made, in any material respect; (c) A Material Weakness, a qualified opinion or any statement in the Recipient’s annual audited financial statements that evidences a failure of the Recipient to be financially sound, be managerially sound and/or maintain appropriate internal controls; (d) the failure of the Recipient to observe, comply with or perform any term, covenant, agreement or other provision contained in the CDFI Program Regulations (12 C.F.R. CFR part 1805), the Authorizing Statute, this Assistance Agreement including, but not limited to, the Performance Goals and reporting requirements, or the Application including, but not limited to, the Assurances and Certifications contained therein or any instrument, note or any other document delivered to the CDFI Fund in connection with or pursuant to the Assistance Agreement; (e) the failure of the Recipient to conduct its business in the usual and ordinary course or to maintain its corporate existence and right to carry on its business and duly obtain all necessary renewals, licenses and extensions thereof and to maintain, preserve and renew all such rights, powers, privileges and franchises; (f) if the Assistance is in the form of an equity investment: (i) the failure of the Recipient to abide by the terms and conditions of the equity issuance or (ii) any event that results in (A) a conversion or change of the form or transferability of the Assistance, (B) the Assistance constituting more than 50 percent of the equity of a Recipient, or (C) a determination that the CDFI Fund controls the operations of the Recipient; (g) if the Assistance is in the form of a loan: (i) the failure of the Recipient to abide by the terms and conditions of the Note; (ii) noncompliance in the due and punctual payment of the principal, interest, or both on the Note when and as the same shall become due and payable; or (iii) noncompliance in the due and punctual payment of the principal, interest, or both on a debt instrument of the Recipient that evidences funds borrowed by the Recipient and used as Matching Funds hereunder when such noncompliance results in the instrument’s holder initiating proceedings against the Recipient to make all payments under such instrument immediately due and payable; (h) the Recipient’s becoming insolvent or unable to meet its obligations as they mature, making a general assignment for the benefit of creditors, or consenting to the appointment of a trustee or a receiver, or admitting in writing its inability to pay its debts as they mature; (gi) the institution of bankruptcy, reorganization, arrangement, insolvency or liquidation proceedings by or against the Recipient and, if instituted against it, the same being consented to by the Recipient or remaining undismissed for a period of thirty (30) calendar days; (hj) the Appropriate Federal Banking Agency makes an adverse finding regarding the Recipient; (ik) the failure of the Recipient to fully expend and disburse the Assistance prior to the end of the Period of Performance.

Events of Noncompliance. If any one or more of the following events occurs, the CDFI Fund, in its sole discretion, may find the Recipient to be in noncompliance: (a) fraud, mismanagement or noncompliance with the Act; (b) any representation, covenant, warranty, certification, assurance or any other statement of fact set forth in this Assistance Agreement or the Application including, but not limited to, the Assurances and Certifications contained in the Application, or any representation or warranty set forth in any document, report, certificate, financial statement or instrument now or hereafter furnished in connection with the Assistance Agreement, is found by the CDFI Fund to be inaccurate, false, incomplete or misleading when made, in any material respect; (c) A Material Weakness, a qualified opinion or any statement in the Recipient’s annual audited financial statements that evidences a failure of the Recipient to be financially sound, be managerially sound and/or maintain appropriate internal controls; (d) the failure of the Recipient to observe, comply with or perform any term, covenant, agreement or other provision contained in the CDFI Program Regulations (12 C.F.R. CFR part 1805), the Authorizing Statute, this Assistance Agreement including, but not limited to, the Performance Goals and reporting requirements, or the Application including, but not limited to, the Assurances and Certifications contained therein or any instrument, note or any other document delivered to the CDFI Fund in connection with or pursuant to the Assistance Agreement; (e) the failure of the Recipient to conduct its business in the usual and ordinary course or to maintain its corporate existence and right to carry on its business and duly obtain all necessary renewals, licenses and extensions thereof and to maintain, preserve and renew all such rights, powers, privileges and franchises; (f) the Recipient’s becoming insolvent or unable to meet its obligations as they mature, making a general assignment for the benefit of creditors, or consenting to the appointment of a trustee or a receiver, or admitting in writing its inability to pay its debts as they mature; (g) the institution of bankruptcy, reorganization, arrangement, insolvency or liquidation proceedings by or against the Recipient and, if instituted against it, the same being consented to by the Recipient or remaining undismissed for a period of thirty (30) calendar days; (h) the Appropriate Federal Banking Agency makes an adverse finding regarding the Recipient; (i) the failure of the Recipient to fully expend the Assistance prior to the end of the Period of Performance.

Events of Noncompliance. If any one or more of the following events occurs, the CDFI Fund, in its sole discretion, may find the Recipient to be in noncompliance: (a) fraud, mismanagement or noncompliance with the Act; (b) any representation, covenant, warranty, certification, assurance or any other statement of fact set forth in this Assistance Agreement or the Application including, but not limited to, the Assurances and Certifications contained in the Application, or any representation or warranty set forth in any document, report, certificate, financial statement or instrument now or hereafter furnished in connection with the Assistance Agreement, is found by the CDFI Fund to be inaccurate, false, incomplete or misleading when made, in any material respect; (c) A Material Weakness, a qualified opinion or any statement in the Recipient’s annual audited financial statements that evidences a failure of the Recipient to be financially sound, be managerially sound and/or maintain appropriate internal controls; (d) the failure of the Recipient to observe, comply with or perform any term, covenant, agreement or other provision contained in the CDFI Program Regulations (12 C.F.R. part 1805)applicable NOFA, the Authorizing Statute, the Act, this Assistance Agreement including, but not limited to, the Performance Goals and reporting requirements, or the Application including, but not limited to, the Assurances and Certifications contained therein or any instrument, note or any other document delivered to the CDFI Fund in connection with or pursuant to the Assistance Agreement; (e) the failure of the Recipient to conduct its business in the usual and ordinary course or to maintain its corporate existence and right to carry on its business and duly obtain all necessary renewals, licenses and extensions thereof and to maintain, preserve and renew all such rights, powers, privileges and franchises; (f) the Recipient’s becoming insolvent or unable to meet its obligations as they mature, making a general assignment for the benefit of creditors, or consenting to the appointment of a trustee or a receiver, or admitting in writing its inability to pay its debts as they mature; (g) the institution of bankruptcy, reorganization, arrangement, insolvency or liquidation proceedings by or against the Recipient and, if instituted against it, the same being consented to by the Recipient or remaining undismissed for a period of thirty (30) calendar days; (h) the Appropriate Federal Banking Agency makes an adverse finding regarding the Recipient; (i) the failure of the Recipient to fully request and expend the SDL Program Assistance prior to the end of the Period of Performance.

Events of Noncompliance. If any one or more of the following events occurs, the CDFI Fund, in its sole discretion, may find the Recipient to be in noncompliance: (a) fraudFraud, mismanagement or noncompliance with the Act; (b) any representation, covenant, warranty, certification, assurance or any other statement of fact set forth in this Assistance Agreement or the Application including, but not limited to, the Assurances and Certifications contained in the Application, or any representation or warranty set forth in any document, report, certificate, financial statement or instrument now or hereafter furnished in connection with the Assistance Agreement, is found by the CDFI Fund to be inaccurate, false, incomplete or misleading when made, in any material respect; (c) A Material Weakness, a qualified opinion, a going‐concern opinion or any statement in the Recipient’s annual audited financial statements that evidences a failure of the Recipient to be financially sound, be managerially sound and/or maintain appropriate internal controls; (dc) the The failure of the Recipient to observe, comply with or perform any term, covenant, agreement or other provision contained in the CDFI BEA Program Regulations (12 C.F.R. part 1805), the Authorizing StatuteRegulations, this Assistance Award Agreement including, but not limited to, the Performance Goals and reporting requirementsGoal(s) set forth in Schedule 1, or the Application including, but not limited to, the Assurances and Certifications contained therein or any instrument, note or any other document delivered to the CDFI Fund in connection with or pursuant to the Assistance Award Agreement; (ed) the The failure of the Recipient to conduct its business in the usual and ordinary course or to maintain its corporate existence and right to carry on its business and duly obtain all necessary renewals, licenses licensing and extensions thereof and to maintain, preserve and renew all such rights, powers, privileges and franchises; (fe) the The Recipient’s becoming insolvent or unable to meet its obligations as they mature, making a general assignment for the benefit of creditors, or consenting to the appointment of a trustee or a receiver, or admitting in writing its inability to pay its debts as they mature; (gf) the The institution of bankruptcy, reorganization, arrangement, insolvency or liquidation proceedings by or against the Recipient and, if instituted against it, the same being consented to by the Recipient or remaining undismissed for a period of thirty (30) calendar days; (g) Any representation, warranty, certification, assurance or any other statement of fact set forth in this Agreement or the Application including, but not limited to, the Assurances and Certifications of the Application, or any representation or warranty set forth in any document, report, certificate, financial statement or instrument now or hereafter furnished in connection with this Agreement, is inaccurate, false, incomplete or misleading when made, in any material respect; (h) Any borrower of the Appropriate Recipient prepays, in whole or in part, the principal amount of any loan carried out during the Assessment Period which the Recipient reported to the CDFI Fund in its Application; provided, however, that such prepayment occurs within one calendar year of the Federal Banking Agency makes an adverse finding regarding the RecipientAward Date of this Agreement; (i) the failure Any investee of the Recipient to fully expend redeems or repurchases, in whole or in part, any Equity Investment or Project Investment which the Assistance prior Recipient reported to the end CDFI Fund in its Application; provided, however, that such redemption or repurchase occurs within one calendar year of the Period Federal Award Date of Performancethis Agreement; (j) The Recipient withdraws, in whole or in part, any deposit that the Recipient reported to the CDFI Fund in its Application as a CDFI Support Activity; provided, however, that such withdrawal occurs within three years of the date of said deposit; or (k) Notwithstanding anything herein, the CDFI Fund will not find a Recipient to be in noncompliance where the CDFI Fund finds that the occurrence of any one or more of the events described in Section 7.1 (h)‐(j) does not adversely affect the achievement of the purposes of the Act.