Evidence of Financial Capacity Sample Clauses

Evidence of Financial Capacity. Each Guarantor acknowledges that, if it has presented to the Mortgagee and/or the Authority its financial statements in connection with the Mortgagee’s provision of the NSP2 Loan to the Owner, such statements accurately and correctly present the financial condition of that Guarantor as of the date thereof and that no material events have occurred which make the statements inaccurate or which jeopardize the ability of each Guarantor to provide the financial support anticipated hereunder. Each Guarantor shall have an ongoing obligation to provide financial information to the Mortgagee and the Authority throughout the term of this Guaranty. At the request of the Mortgagee and/or the Authority, each Guarantor shall provide to the Mortgagee and/or the Authority audited or compiled financial statements within 90 days of the close of its fiscal year to provide the Mortgagee and/or the Authority with evidence of its continued financial capacity to meet the Recapture Obligation described herein. All such financial statements shall be prepared in accordance with generally accepted accounting principles.
Sample 1
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Evidence of Financial Capacity. The Guarantors acknowledge that, they have presented to the Corporation their audited financial statements in connection with the Corporation’s provision of the HTF Loan and that, such statements accurately and correctly present the financial condition of the Guarantors as of the date thereof and that no material events have occurred which make the statements inaccurate or which jeopardize the ability of the Guarantors to provide the financial support anticipated hereunder. The Guarantors shall have an ongoing obligation to provide updated financial information to the Corporation throughout the term of this Guaranty. At the request of the Corporation, each Guarantor shall provide to the Corporation compiled or audited financial statements within 120 days of the close of its fiscal year. All such financial statements shall be prepared in accordance with generally accepted accounting principles.
Sample 1
Evidence of Financial Capacity. The Guarantors acknowledge that they have presented to ADFA (1) a copy of their most recent audit and (2) a copy of the previous two years’ financial statements in connection with ADFA’s provision of the HOME Loan and that such statements accurately and correctly present the financial condition of the Guarantors as of the date thereof and that no material events have occurred which make the statements inaccurate or which jeopardize the ability of the Guarantors to provide the financial support anticipated hereunder. The Guarantors shall have an ongoing obligation to provide updated financial information to ADFA throughout the term of this Guaranty. At the request of ADFA, each Guarantor shall provide to ADFA compiled or audited financial statements within 120 days of the close of its fiscal year. All such financial statements shall be prepared in accordance with generally accepted accounting principles.
Sample 1
Evidence of Financial Capacity. The Guarantors acknowledge that, they have presented to the Corporation their audited financial statements in connection with the Corporation’s provision of the HTF Loan and that, such statements accurately and correctly present the financial condition of the Guarantors as of the date thereof and that no material events have occurred which make the
Sample 1
Evidence of Financial Capacity. The Developer shall demonstrate, to the satisfaction of the Authority, that the Developer has the financial capacity to take each action necessary to carry out and complete the Project. Evidence of the Developer’s financial ability shall consist of either: (i) a commitment letter, letter of intent, letter of credit, or other evidence reasonably acceptable to the Authority, from a reputable lender, committing to finance construction of the Project in an amount sufficient to complete the Project, together with similar evidence of a reputable lender’s commitment to provide take-out financing; (ii) evidence reasonably acceptable to the Authority that the Developer has liquid assets in an amount sufficient to complete the Project and which the Developer has pledged to carrying out the Project; (iii) evidence reasonably acceptable to the Authority that Developer has or will receive donations of time, materials, and funds in an amount sufficient to complete the Project; or (iv) at the Authority’s option, some combination of (i), (ii) and (iii).
Sample 1
Evidence of Financial Capacity. Guarantor acknowledges that it has presented to the Agency its audited financial statements in connection with Agency's provision of the Assistance grant to the Project Owner and that such statements accurately and correctly present the financial condition of Guarantor as of the date thereof and that no material events have occurred which make the statements inaccurate or which jeopardize the ability of Guarantor to provide the financial support anticipated hereunder. Each Guarantor shall have an ongoing obligation to provide updated financial information to the Agency throughout the term of this Guaranty. Each Guarantor shall provide to the Agency audited financial statements within 90 days of the close of its fiscal year to provide the Agency with evidence of its continued financial capacity to meet the Recapture Obligations described herein. All such financial statements shall be prepared in accordance with generally accepted accounting principles.
Sample 1

Related to Evidence of Financial Capacity

  • CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER CERTIFICATION The undersigned Chief Executive Officer and Chief Fiscal Officer of the Recipient, as both are designated in Appendix B of the Agreement, hereby request the Director to disburse financial assistance moneys made available to Project in Appendix C of the Agreement (inclusive of any amendment thereto) to the payee as identified below in the amount so indicated which amount equals the product of the Disbursement Ratio and the dollar value of the attached cost documentation which was properly billed to the Recipient in exclusive connection with the performance of the Project. The undersigned further certify that:

  • OFFICER AND CHIEF FINANCIAL OFFICER CERTIFICATION Pursuant to Section 6(b) and 6(c) of the Agreement, the undersigned Chief Executive Officer and Chief Fiscal Officer of the Recipient, as both are designated in Appendix B of the Agreement, hereby request the Director to disburse financial assistance moneys made available to Project in Appendix C of the Agreement (inclusive of any amendment thereto) to the payee as identified below in the amount so indicated which amount equals the product of the Disbursement Ratio and the dollar value of the attached cost documentation which was properly billed to the Recipient in exclusive connection with the performance of the Project, or, in the case of a final disbursement request, the amount entered at Line V of this Appendix E. The undersigned further certify that:

  • Certificate of Financial Officer — Compliance Concurrently with any delivery of financial statements under Section 8.01(a) or Section 8.01(b), a certificate of a Financial Officer in substantially the form of Exhibit D hereto (i) certifying as to whether a Default has occurred and, if a Default has occurred, specifying the details thereof and any action taken or proposed to be taken with respect thereto, (ii) setting forth reasonably detailed calculations demonstrating compliance with Section 8.13(b) and Section 9.01 and (iii) stating whether any change in GAAP or in the application thereof has occurred since the date of the audited financial statements referred to in Section 7.04 and, if any such change has occurred, specifying the effect of such change on the financial statements accompanying such certificate.

  • Evidence, Experts and Advisers (1) In addition to the reports, certificates, opinions and other evidence required by this Indenture, the Corporation shall furnish to the Warrant Agent such additional evidence of compliance with any provision hereof, and in such form, as may be prescribed by Applicable Legislation or as the Warrant Agent may reasonably require by written notice to the Corporation. (2) In the exercise of its rights and duties hereunder, the Warrant Agent may, if it is acting in good faith, rely as to the truth of the statements and the accuracy of the opinions expressed in statutory declarations, opinions, reports, written requests, consents, or orders of the Corporation, certificates of the Corporation or other evidence furnished to the Warrant Agent pursuant to a request of the Warrant Agent, provided that such evidence complies with Applicable Legislation and that the Warrant Agent complies with Applicable Legislation and that the Warrant Agent examines the same and determines that such evidence complies with the applicable requirements of this Indenture. (3) Whenever it is provided in this Indenture or under Applicable Legislation that the Corporation shall deposit with the Warrant Agent resolutions, certificates, reports, opinions, requests, orders or other documents, it is intended that the truth, accuracy and good faith on the effective date thereof and the facts and opinions stated in all such documents so deposited shall, in each and every such case, be conditions precedent to the right of the Corporation to have the Warrant Agent take the action to be based thereon. (4) The Warrant Agent may employ or retain such Counsel, accountants, appraisers or other experts or advisers as it may reasonably require for the purpose of discharging its duties hereunder and may pay reasonable remuneration for all services so performed by any of them, without taxation of costs of any Counsel, and shall not be responsible for any misconduct or negligence on the part of any such experts or advisers who have been appointed with due care by the Warrant Agent. (5) The Warrant Agent may act and rely and shall be protected in acting and relying in good faith on the opinion or advice of or information obtained from any Counsel, accountant, appraiser, engineer or other expert or adviser, whether retained or employed by the Corporation or by the Warrant Agent, in relation to any matter arising in the administration of the agency hereof.

  • Experts, Advisers and Agents The Trustee may: (a) employ or retain and act and rely on the opinion or advice of or information obtained from any solicitor, auditor, valuer, engineer, surveyor, appraiser or other expert, whether obtained by the Trustee or by the Corporation, or otherwise, and shall not be liable for acting, or refusing to act, in good faith on any such opinion or advice and may pay proper and reasonable compensation for all such legal and other advice or assistance as aforesaid; and (b) employ such agents and other assistants as it may reasonably require for the proper discharge of its duties hereunder, and may pay reasonable remuneration for all services performed for it (and shall be entitled to receive reasonable remuneration for all services performed by it) in the discharge of the trusts hereof and compensation for all disbursements, costs and expenses made or incurred by it in the discharge of its duties hereunder and in the management of the trusts hereof and any solicitors employed or consulted by the Trustee may, but need not be, solicitors for the Corporation.

  • Certificate of Financial Officer – Swap Agreements Concurrently with any delivery of financial statements under Section 8.01(a) and Section 8.01(b), a certificate of a Financial Officer, in form and substance satisfactory to the Administrative Agent, setting forth as of the last Business Day of such fiscal quarter or fiscal year, a true and complete list of all Swap Agreements of the Borrower and each Subsidiary, the material terms thereof (including the type, term, effective date, termination date and notional amounts or volumes), the net xxxx-to-market value therefor, any new credit support agreements relating thereto not listed on Schedule 7.20, any margin required or supplied under any credit support document, and the counterparty to each such agreement.

  • Certificate of Insurer – Insurance Coverage Concurrently with any delivery of financial statements under Section 8.01(a), a certificate of insurance coverage from each insurer with respect to the insurance required by Section 8.07, in form and substance satisfactory to the Administrative Agent, and, if requested by the Administrative Agent or any Lender, all copies of the applicable policies.

  • President and Chief Executive Officer The president shall be the chief executive officer of the Trust, unless the Board of Trustees designates the chairman as chief executive officer. The chief executive officer shall see that all orders and resolutions of the Board of Trustees are carried into effect. The chief executive officer shall also be the chief administrative officer of the Trust and shall perform such other duties and have such other powers as the Board of Trustees may from time to time prescribe.

  • Financial, Accounting, and Administrative Services The Manager shall maintain the existence and records of the Corporation; maintain the registrations and qualifications of Fund Shares under federal and state law; monitor the financial, accounting, and administrative functions of the Fund; maintain liaison with the various agents employed by the Corporation (including the Corporation’s transfer agent, custodian, independent accountants and legal counsel) and assist in the coordination of their activities on behalf of the Fund.

  • Chief Executive Officer The Chief Executive Officer shall, under the direction of the Member and Board of Managers, perform all duties incident to the office of Chief Executive Officer, have general charge of the business, affairs and property of the LLC and general supervision over the other Officers and any of the LLC's employees and agents and see that all orders and resolutions of the LLC are carried into effect.

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