Common use of Financial Ability Clause in Contracts

Financial Ability. As of the Closing Date, Developer, exercising commercially reasonable discretion, shall have approved the Loan Costs and determined that it has adequate funds (Project Loan proceeds, Developer’s Equity Contribution, Loan Proceeds, and/or cash on hand) to construct the Project.

Appears in 4 contracts

Samples: Project Agreement, Project Agreement, Project Agreement

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Financial Ability. As of the expiration of the Closing Date, Developer, exercising commercially reasonable at its sole and absolute discretion, shall have approved the Loan Costs and determined that it has adequate funds (Project Loan proceeds, Developer’s Equity Contribution, Loan Bond Proceeds, and/or cash on hand) to construct the Project.

Appears in 3 contracts

Samples: Project Agreement, Project Agreement, Project Agreement

Financial Ability. As of the Closing Date, Developer, exercising commercially reasonable discretion, shall have approved the Loan Costs and determined that it has adequate funds (Project Loan proceeds, Developer’s Equity Contribution, Loan Proceeds, and/or cash on hand) to construct the Project.

Appears in 3 contracts

Samples: Project Agreement, Project Agreement, Project Agreement

Financial Ability. As of the expiration of the Closing Date, Developer, exercising commercially reasonable discretion, shall have approved the Loan Costs and determined that it has adequate funds (Project Loan proceeds, Developer’s Equity Contribution, Loan Bond Proceeds, and/or cash on hand) to construct the Project.

Appears in 2 contracts

Samples: Project Agreement, Project Agreement

Financial Ability. As of the Closing Date, Developer, exercising commercially reasonable discretion, shall have approved the Loan Costs and determined that it has adequate funds (Project Loan proceeds, Developer’s Equity Contribution, Loan Proceeds, proceeds and/or cash on hand) to construct the Project.

Appears in 1 contract

Samples: Project Agreement

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Financial Ability. As of the expiration of the Closing Date, Developer, exercising commercially reasonable discretion, shall have approved the Loan Costs and determined that it has adequate funds (Project Loan proceeds, Developer’s Equity Contribution, Loan Bond Proceeds, and/or cash on hand) to construct the Project.

Appears in 1 contract

Samples: Project Agreement

Financial Ability. As of the expiration of the Closing Date, Developer, exercising commercially reasonable discretion, shall have approved the Loan Costs and determined that it has adequate funds (Project Loan proceeds, Developer’s Equity Contribution, Loan Bond Proceeds, Developer's Equity Contribution and/or cash on hand) to construct the Project.

Appears in 1 contract

Samples: Project Agreement

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