Common use of Extended Use Agreement Clause in Contracts

Extended Use Agreement. The Committee acknowledges that Borrower and the Committee intend to enter into an extended use agreement, which constitutes the extended low-income housing commitment described in Section 42(h)(6)(B) of the Internal Revenue Code, as amended (the "Code"). As of the date hereof Code Section 42(h)(6)(E)(ii) does not permit the eviction or termination of tenancy (other than for good cause) of an existing tenant of any low-income unit or any increase in the gross rent with respect to such unit not otherwise permitted under Code Section 42 for a period of three (3) years after the date the building is acquired by foreclosure or by instrument in lieu of foreclosure. In the event the extended use agreement required by the Committee is recorded against the project, the Committee agrees to comply with the provisions set forth in Code Section 42(h)(6)(E)(ii).

Appears in 3 contracts

Samples: HCD Backfill Loan Agreement, Loan Agreement, HCD Backfill Loan Agreement

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Extended Use Agreement. The Committee acknowledges that Borrower Grantee and the Committee intend to enter into an extended use agreement, which constitutes the extended low-income housing commitment described in Section 42(h)(6)(B) of the Internal Revenue Code, as amended (the "Code"). As of the date hereof Code Section 42(h)(6)(E)(ii) does not permit the eviction or termination of tenancy (other than for good cause) of an existing tenant of any low-income unit or any increase in the gross rent with respect to such unit not otherwise permitted under Code Section 42 for a period of three (3) years after the date the building is acquired by foreclosure or by instrument in lieu of foreclosure. In the event the extended use agreement required by the Committee is recorded against the project, the Committee agrees to comply with the provisions set forth in Code Section 42(h)(6)(E)(ii).

Appears in 1 contract

Samples: Conditional Grant Agreement

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