Fiscal Agent Required; Eligibility. Any successor Fiscal Agent shall at all times be a trust company, a state banking corporation or a national banking association with the authority to accept trusts in the State approved in writing by the Governmental Lender and either (a) have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition, (b) be a wholly owned subsidiary of a bank holding company, or a wholly owned subsidiary of a company that is a wholly owned subsidiary of a bank holding company, having a combined capital surplus of at least $50,000,000 as set forth in its most recent published annual report of condition, have at least $500,000,000 of trust assets under management and have a combined capital surplus of at least $2,000,000 as set forth in its most recent published annual report of condition, or (c) be otherwise acceptable to the Funding Lender and the Governmental Lender in their sole and absolute discretion.
Fiscal Agent Required; Eligibility. Any successor Fiscal Agent shall at all times be a trust company, a state banking corporation or a national banking association with the authority to accept trusts in the State approved in writing by the Governmental Lender and either
Fiscal Agent Required; Eligibility. There shall at all times be a Fiscal Agent hereunder which shall be a corporation organized and doing business under the laws of the United States, any State thereof or the District of Columbia, authorized under such laws to exercise corporate trust powers, having a combined capital and surplus of at least $50,000,000, and subject to supervision or examination by Federal or State authority. If such corporation publishes reports of condition at least annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such corporation shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. Neither the Issuer nor any Person directly or indirectly controlling, controlled by or under common control with the Issuer may serve as Fiscal Agent. If at any time the Fiscal Agent shall cease to be eligible in accordance with the provisions of this Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Section.
Fiscal Agent Required; Eligibility. {tc "10.9. Fiscal Agent Required; Eligibility" \l 2}. Any successor Fiscal Agent shall at all times be a trust company, a state banking corporation or a national banking association with the authority to accept trusts in the State of California approved in writing by the Governmental Lender and either (a) have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition, (b) be a wholly owned subsidiary of a bank holding company, or a wholly owned subsidiary of a company that is a wholly owned subsidiary of a bank holding company, having a combined capital surplus of at least $50,000,000 as set forth in its most recent published annual report of condition, have at least $500,000,000 of trust assets under management and have a combined capital surplus of at least $2,000,000 as set forth in its most recent published annual report of condition, or (c) be otherwise acceptable to the Funding Lender in its sole and absolute discretion.
Fiscal Agent Required; Eligibility. There shall at all times be a Fiscal Agent hereunder, which shall be a national banking association, trust company, or bank having the powers of a trust company having a corporate trust office in the State, having a combined capital and surplus of at least fifty million dollars ($50,000,000), and subject to supervision or examination by federal or state authority. If such national banking association, bank, or trust company publishes a report of condition at least annually, pursuant to law or to the requirements of any supervising or examining authority, then for the purpose of this Section the combined capital and surplus of such national banking association, bank, or trust company shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Fiscal Agent shall cease to be eligible in accordance with the provisions of this Section, the Fiscal Agent shall resign immediately in the manner and with the effect specified in this Article.
Fiscal Agent Required; Eligibility and shall fail to resign after written request therefor by the City, or
Fiscal Agent Required; Eligibility. Any successor Fiscal Agent shall at all times be a trust company, a state banking corporation or a national banking association with the authority to accept trusts in the State approved in writing by the Governmental Lender and either (a) have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition, (b) be a wholly owned subsidiary of a bank holding company, or a wholly owned subsidiary of a company that is a wholly owned subsidiary of a bank holding company, having a combined capital surplus of at least $50,000,000 as set forth in its most recent published annual report of condition, have at least $500,000,000 of trust assets under management and have a combined capital surplus of at least $2,000,000 as set forth in its most recent published annual report of condition, or (c) be otherwise acceptable to the Funding Lender in its sole and absolute discretion. Council Agenda: 8-31-10 Item No. 4.2c 685923.doc
Fiscal Agent Required; Eligibility. 53 Resignation and Removal; Appointment of Successor.............. 54
Fiscal Agent Required; Eligibility. 49 Section 11.10. Resignation and Removal; Appointment of Successor. 49 Section 11.11. Acceptance of Appointment by Successor. 50 Section 11.12. Merger, Conversion, Consolidation or Succession to Business. 50 Section 11.13. Appointment of Co-Fiscal Agent. 51 Section 11.14. Loan Servicing. 51 Section 11.15. No Recourse Against Officers or Employees of Fiscal Agent. 52 ARTICLE XII MISCELLANEOUS 52 Section 12.1. Notices. 52 Section 12.2. Term of Funding Loan Agreement. 55 Section 12.3. Successors and Assigns. 55 Section 12.4. Legal Holidays. 55 Section 12.5. Governing Law. 55 Section 12.6. Severability. 55 Section 12.7. Execution in Several Counterparts. 55 Section 12.8. Nonrecourse Obligation of the Borrower. 55 Section 12.9. Waiver of Trial by Jury. 56 Section 12.10. Electronic Transactions. 56 Section 12.11. Dispute Resolution 56 Exhibit A-1 - Form of Series 2023A-1 Governmental Lender Note Exhibit A-2 - Form of Series 2023A-2 Governmental Lender Note Exhibit B - Form of Required Transferee Representations Letter Exhibit C - Form of Written Requisition (Project Fund) Exhibit D - Form of Closing Costs Requisition FUNDING LOAN AGREEMENT This Funding Loan Agreement, dated as of , 2023 (this "Funding Loan Agreement"), is entered into by CITIBANK, N.A. (together with any successors and assigns hereunder, the "Funding Lender"), AUSTIN HOUSING FINANCE CORPORATION , a public nonprofit corporation organized and existing under the laws of the State of Texas (together with its successors and assigns, the "Governmental Lender"), and WILMINGTON TRUST, NATIONAL ASSOCIATION, a national banking association, as fiscal agent (together with any successor fiscal agent hereunder, the "Fiscal Agent").
