Funding Dates. On or prior to any sale and/or pledge of any Eligible Loan by a Seller (including the initial sale and/or pledge), such Seller shall deliver or cause to be delivered to the Conduit Administrator the documents required to be delivered to the Conduit Administrator, including the following documents; however, for the avoidance of doubt, except as explicitly set forth in Section 5C, the failure of any Seller or Funding Note Issuer to make the deliveries or meet the requirements set forth in Section 5B in a form reasonably acceptable to the Department shall not excuse or relieve the Department from its obligation to purchase Putable Loans pursuant to the Put Option:
(i) an original Trust Receipt issued by the Conduit Administrator certifying that it, or a Servicer holding physical possession on its behalf in accordance with an Eligible Servicing Agreement, is in possession of the applicable Loan Documents relating to such Eligible Loans;
(ii) releases and financing statement terminations on Form UCC-3, if necessary, to release any adverse claims on the Pledged Loans identified in the UCC search report or opinion delivered pursuant to Section 5A.(v) or otherwise disclosed by the related Seller to the Conduit Administrator;
(iii) a xxxx of sale relating to the Eligible Loans sold or pledged pursuant to a Purchase Agreement;
(iv) a copy of the fully executed Eligible Servicing Agreement(s) relating to such Loans to the extent not previously delivered in connection with any prior sale and/or pledge; and
(v) in addition, on or prior to any sale and/or pledge of any Eligible Loan, an amount equal to the maximum amount of Excluded Borrower Benefits that could be payable on such Loan shall be deposited into a reserve account (each, an “Excluded Borrower Benefit Account”) held by the Conduit Administrator.
Funding Dates. The transfer of the Subsequent Receivables on a Funding Date shall take place at the offices of the Indenture Trustee or such other location as the Seller and the Owner Trustee may reasonably agree. The transfer of the Subsequent Receivables shall be made in accordance with Section 2.16 of the Indenture pursuant to which (a) the Transferor will absolutely assign all of its right, title and interest in and to the Subsequent Receivables and other Trust Property to the Seller, (b) the Seller will transfer all of its right, title and interest in and to the Subsequent Receivables and other Trust Property to the Owner Trustee, and (c) the Owner Trustee will Grant all of its right, title and interest in and to the Subsequent Receivables and other Trust Property to the Indenture Trustee for the benefit of the Noteholders, the Swap Counterparty (unless the Interest Rate Swap Agreement has been terminated and all amounts owed to the Swap Counterparty have been paid in full) and the Note Insurer.
Funding Dates. The transfer of Subsequent Receivables on a Funding Date shall take place at such location as the Depositor, the Issuer and the Indenture Trustee may reasonably agree. The transfer of Subsequent Receivables shall be made in accordance with Sections 2.12 through 2.14 of the Indenture pursuant to which (a) the Depositor will transfer all of its right, title and interest in and to the Subsequent Receivables and the related Deposited Assets to the Issuer, and (b) the Issuer will confirm the grant of all of its right, title and interest in and to such Subsequent Receivables and the related Deposited Assets to the Indenture Trustee for the benefit of the Noteholders, the Agent and the Financial Institutions.
Funding Dates. (a) The Eligible Start Date is [Date]. Otherwise eligible costs incurred prior to this date will not be reimbursed, unless otherwise specified in Exhibit D.
(b) The Final Disbursement Request Date is [Date]. The Deputy Director of the Division may extend this date for good cause. Extensions may require an amendment to this Agreement. All disbursement requests must be submitted to the Division such that they are received prior to this date. Late disbursement requests will not be honored and remaining amounts will be deobligated.
(c) The term of this agreement is from the Start Date on the cover page of this Agreement to the End Date of [Date]. B-5. Funding Conditions and Exclusions. The State Water Board’s disbursement of funds hereunder is contingent on the Recipient’s compliance with the terms and conditions of this Agreement. Project Funds may not be used for any Indirect Costs. Any Disbursement Request submitted including Indirect Costs will cause that Disbursement Request, in its entirety, to be disputed and will not be paid until the dispute is resolved. This prohibition applies to the Recipient and any subcontract or sub- agreement for work on the Project that will be reimbursed with Project Funds pursuant to this Agreement. (Gov. Code, § 16727.) B-6. Budget Summary LINE ITEM PROJECT FUNDS (GRANT) MATCH TOTAL ESTIMATED COSTS $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ B-7. Budget Flexibility.
(a) Subject to the prior review and approval of the Grant Manager, adjustments between existing line item(s) may be used to defray allowable direct costs up to fifteen percent (15%) of the total amount (excluding Match Funds), including any amendment(s) thereto. Line item adjustments in excess of fifteen percent (15%) require an Agreement amendment. If the Line Item Budget includes an amount for the Recipient’s personnel costs, that amount is based on the hours, classifications, and rates submitted by the Recipient in its application. Any changes to the hours, classifications, and rates must be approved, in advance and in writing, by the Grant Manager.
(b) The Recipient may submit a request for an adjustment in writing to the Grant Manager. Such adjustment may not increase or decrease the total grant amount. The Recipient shall submit a copy of the original Agreement Budget sheet reflecting the requested changes and shall note proposed changes by striking out the original amount(s) followed with proposed change(s) in bold and underlined. Budget adjustm...
Funding Dates. The transfer of the Subsequent Receivables on a Funding Date shall take place at the offices of the Indenture Trustee or such other location as the Seller and the Owner Trustee may reasonably agree. The transfer of the Subsequent Receivables shall be made in accordance with Section 2.16 of the Indenture pursuant to which (a) the Transferor will absolutely assign all of its right, title and interest in and to the Subsequent Receivables and other Trust Property to the Seller, (b) the Seller will transfer all of its right, title and interest in and to the Subsequent Receivables and other Trust Property to the Owner Trustee, and (c) the Owner Trustee will Grant all of its right, title and interest in and to the Subsequent Receivables and other Trust Property to the Indenture Trustee for the benefit of the Noteholders and the Note Trust.
Funding Dates. The obligations of the Agent Certificate Holder to make Advances with respect any specific Land on each Funding Date occurring after the Acquisition Date with respect to such Land, the obligation of the Certificate Holders to make available any related Certificate Holder Amount on such Funding Date, and the obligation of the Lenders to make available any related Loan on such Funding Date, are subject to satisfaction or waiver of the following conditions precedent:
Funding Dates. The date and time of the issuance and sale of the Initially Issued Preferred Shares and the Initially Issued Warrants in the First Tranche (the "Initial Funding Date", and together with the Second Funding Date, the "Closing Dates") shall be the date hereof or such other as shall be mutually agreed upon in writing. The issuance and sale of the Initially Issued Preferred Shares and the Initially Issued Warrants in the First Tranche and the Subsequently Issued Preferred Shares and the Subsequently Issued Warrants in the Second Tranche shall occur on their respective Closing Dates, at the offices of the Escrow Agent. Notwithstanding anything to the contrary contained herein, the Escrow Agent shall not be authorized to release to the Company the Initial Purchase Price or the Second Purchase Price and to Buyer the certificate(s) (I/N/O Buyer) evidencing the Initially Issued Preferred Shares and the Initially Issued Warrants in the First Tranche and the Subsequently Issued Preferred Shares and the Subsequently Issued Warrants in the Second Tranche, respectively, being purchased by Buyer unless the conditions set forth in VIII.C. and IX.G hereof have been satisfied.
Funding Dates. The absolute assignment and purchase of the Subsequent Receivables on each Funding Date shall take place at the offices of the Indenture Trustee or such other location as the Purchaser and the Transferor may reasonably agree. The assignment and purchase of the Subsequent Receivables shall be made in accordance with Section 2.16 of the Indenture pursuant to which (a) the Purchaser will transfer and assign all of its right, title and interest in and to the Subsequent Receivables and other Trust Property to the Owner Trustee, (b) the Purchaser will absolutely assign all of its right, title and interest in and to the Initial Receivable and other Trust Property to the Owner Trustee, and (c) the Owner Trustee will grant all of its right, title and interest in and to the Subsequent Receivables and other Trust Property to the Indenture Trustee for the benefit of the Noteholders and the Note Insurer.
Funding Dates. In accordance with the introductory paragraph of the New Senyun Notes, the Additional Purchaser hereby commits to fund to the Issuer the amount set forth below on each of the respective following dates (each, a “Funding Date” and the commitments to fund under such New Senyun Notes, the “New Senyun Notes Commitments”):
(i) $3.75 million in principal amount under the New Senyun Notes within five (5) Business Days after the satisfaction of the Closing Conditions or such earlier Business Day as designated by the Holder by notice to the Issuer (the “First Closing”);
(ii) $3.75 million in principal amount under the New Senyun Notes within fifteen (15) Business Days after the First Closing (the “Second Closing”);
(iii) $3.75 million in principal amount under the New Senyun Notes within fifteen (15) Business Days after the Second Closing (the “Third Closing”);
(iv) $3.75 million in principal amount under the New Senyun Notes within fifteen (15) Business Days after the satisfaction of the Closing Conditions (the “Fourth Closing”);
(v) $3.75 million in principal amount under the New Senyun Notes within fifteen (15) Business Days after the Fourth Closing (the “Fifth Closing”);
(vi) $3.75 million in principal amount under the New Senyun Notes within fifteen (15) Business Days after the Fifth Closing (the “Sixth Closing”);
(vii) $3.75 million in principal amount under the New Senyun Notes within fifteen (15) Business Days after the Sixth Closing (the “Seventh Closing”); and
(viii) $3.75 million in principal amount under the New Senyun Notes within fifteen (15) Business Days after the Seventh Closing (the “Eighth Closing”).
Funding Dates. Each Lender’s obligations to make any Loan hereunder shall become effective upon the satisfaction or waiver (in accordance with Section 8.02) of the following conditions on or after the Effective Date:
(a) The Effective Date shall have occurred;
(b) In the case of the Initial Funding Date:
(i) The Administrative Agent shall have received (i) audited consolidated balance sheets and related audited statements of operations, stockholders’ equity and cash flows of the Borrower for each of the three fiscal years most recently ended at least 90 days prior to the Initial Funding Date and (b) unaudited consolidated balance sheets and related unaudited statements of operations, stockholders’ equity and cash flows of the Borrower for each subsequent fiscal quarter ended at least 45 days prior to the Initial Funding Date; provided that the filing of financial statements complying with the foregoing requirements on Form 10-K or Form 10-Q, as the case may be, by the Borrower will satisfy the applicable conditions set forth in this clause (i) of Section 4.02. The Administrative Agent acknowledges the receipt of each of (i) the Borrower’s Form 10-K or 10-K/A for the fiscal years ended August 31, 2014, August 31, 2015 and August 31, 2016, and Form 10-Q for the quarterly periods ended November 30, 2016, February 28, 2017 and May 31, 2017 (each of which are deemed to have been delivered by or on behalf of the Borrower). Notwithstanding the foregoing, in no event shall the Borrower be required to change its fiscal year end date;
(ii) The Administrative Agent shall have received a solvency certificate from the chief financial officer or other financial officer of the Borrower in the form attached as Exhibit I hereto;
(iii) The Borrower shall have paid all fees, costs and expenses due and payable to the Administrative Agent, for itself and on behalf of the Agents and the Lenders, or its counsel on the Initial Funding Date and (in the case of expenses) for which the Borrower has received an invoice (provided that such invoice may reflect an estimate and/or only costs processed to date and shall not thereafter preclude a final settling of accounts between the Borrower and the Administrative Agent, including with respect to fees, costs or expenses incurred prior to the Initial Funding Date) at least three (3) Business Days prior to the Initial Funding Date;
(iv) At the time of and upon giving effect to the borrowing of the Loans on the Funding Date and the use of proceeds thereof...