Funding Termination. If prior to the disbursement of Funds to Recipient, the Funds shall become unavailable for any or no reason, this Agreement shall terminate.
Funding Termination. Lender shall not be obligated to advance any A&D Loan proceeds after the A&D Loan Funding Termination Date. Lender shall not be obligated to advance any Construction Loan proceeds after the Construction Loan Maturity Date.
Funding Termination. This contract depends upon the continued availability of appropriated funds and expenditure authority from Congress, the Legislature or the Executive Branch for this purpose. This contract will be terminated for cause by State if Congress, the Legislature or Executive Branch fails to appropriate funds, terminates funding or does not grant expenditure authority. Funding termination is not a default by State nor does it give rise to a claim against State.
Funding Termination. Lender’s agreement to fund approved Line of Credit proceeds will terminate automatically on the Funding Termination Date as to the Line of Credit and on the Loan Maturity Date as to any Loan.
Funding Termination. Each Investor’s obligation to fund its Maximum Investor Commitment is subject to the terms of this letter agreement and to (a) the execution and delivery of the Purchase Agreement by all parties thereto as of the date hereof, (b) the satisfaction or written waiver by Purchaser A of each of the conditions set forth in Section [●] of the Purchase Agreement (other than those conditions which by their nature are to be satisfied at the Closing, but subject to the satisfaction thereof at the Closing), (c) the substantially simultaneous closing of the investment contemplated by the Financing Commitment Letter (substantially on the same terms as this letter agreement (other than [dollar] amounts stated therein)) delivered by [●] (the “Co-Sponsor Financing Commitment Letter”), and (d) the substantially simultaneous consummation of the Closing in accordance with the terms of the Purchase Agreement. For the avoidance of doubt, and notwithstanding anything herein or otherwise to the contrary, no Investor shall be obligated to fund any portion of its Maximum Investor Commitment unless the Closing occurs substantially simultaneously with such funding. This letter agreement and the obligation of each Investor to fund its Maximum Investor Commitment will terminate automatically and immediately upon the earliest to occur of (i) the occurrence of Closing and payment of Purchaser A’s payments obligations under Section 7.2(c) (at which time all such obligations shall be immediately discharged), (ii) the termination of the Purchase Agreement pursuant to Section 8.1 thereof, (iii) the termination of the Co-Sponsor Financing Commitment Letter, or (iv) Seller, the Company, Purchaser A or any Person claiming by, through or for the benefit of Seller, the Company, or Purchaser A, asserting a claim in any suit, action, litigation, claim, charge, complaint, grievance, arbitration proceeding, at law or in equity, or by, in or before any court, tribunal, commission, agency or other governmental authority, or in any other proceeding against (i) any Investor or any other Recourse Party (as defined below) under or in connection with the Purchase Agreement or any of the transactions contemplated thereby other than Seller or the Company asserting any Retained Claim (as defined below) against the Recourse Parties against which such Retained Claim may be asserted in accordance with Section 3 hereof, or (ii) any Non-Recourse Party (as defined below). Section 3 hereof shall survive any such te...
Funding Termination. Employee acknowledges and agrees that: Employment with the Company is contingent on the availability of adequate funding and that Employee's position with the Company and all compensation, benefits and reimbursable expenses are funded in whole by money allocated under the Administrative Expense budget pursuant to the funds allocated to the Company by the United States Department of the Treasury federal housing programs. Any discontinuation, de-obligation or recapture of funding or unavailability of funds allocated for the payment of Administrative Expenses will result in the immediate termination of this Agreement and Employee's employment with the Company.
Funding Termination. This contract depends upon the continued availability of appropriated funds and expenditure authority from the Legislature or the Executive Branch for this purpose. This contract will be terminated for cause by UJS if the Legislature or Executive Branch fails to appropriate funds, terminates funding or does not grant expenditure authority. Funding termination is not a default by UJS nor does it give rise to a claim against XXX.
Funding Termination. Lender’s obligation to fund the Loan is subject to the fulfillment, to the satisfaction of Lender, of each of the conditions precedent set forth on Exhibit E. If for any reason the Funding Date has not occurred on or before the Termination Date, or if the Series A Preferred Shares Purchase Agreement or the Apollo Stock Purchase Agreement is terminated, Lender may terminate this Agreement upon written notice to Borrower.
Funding Termination. (a) At any time prior to Financial Close of the Initial Project, if the Offtake Condition has been achieved and Evolve determines that (i) Evolve Approval or (ii) despite Evolve’s good faith efforts, Equity Financing will not be satisfied, then, in either case, Evolve can deliver a Funding Termination Notice for the Initial Project, in which case, so long as Stonepeak does not exercise its right to assume under Section 2.7(b), (A) no additional notices shall be required to be delivered by HOBO with respect to the Initial Project and (B) the sole and exclusive remedy of HOBO in such event shall be: (1) the termination of exclusivity under Section 4.2, (2) the right to the conveyance of the membership interests of the Project Company that owns the Initial Project for $0 cash, with any such conveyance to be based on a contribution agreement in the form of Exhibit B, and an obligation to pay amounts in Section 2.7(c) if the applicable conditions are satisfied, and (3) the enforcement of Evolve’s obligation to pay amounts pursuant to Section 2.7(b) if the applicable conditions are satisfied. If HOBO wishes to make such election for the conveyance of the membership interests of the Project Company pursuant to this Section 2.7, it shall deliver a written notice to Evolve to that effect within 180 days of receipt of the Funding Termination Notice.
(b) If Evolve determines that clause (i) or clause (ii) of Section 2.7(a) applies and it desires to deliver a Funding Termination Notice, then it shall so inform Stonepeak by written notice, and Stonepeak shall have the right to elect, by delivering written notice to HOBO within 30 days of receipt of such notice, to assume Evolve’s rights, interests and obligations under this Agreement, in which case the Equity Financing and Evolve Approval shall be deemed satisfied and, once Stonepeak affirmatively assumes such obligations in a written agreement delivered to HOBO, Evolve shall be released of its obligations hereunder. From and after the date that Stonepeak has affirmatively assumed the rights, interests and obligations of Evolve hereunder in a written agreement, each reference to Evolve hereunder shall be deemed to be a reference to Stonepeak. If Stonepeak does not so assume Evolve’s rights, interests and obligations hereunder within the timeframe set forth above, then, so long as there are no issues or conditions that could reasonably be expected to make satisfaction of the Conditions Precedent (other than Evolve Appro...
Funding Termination. Lender shall not be obligated to advance any Development Loan proceeds after the Development Loan Funding Termination Date. Lender shall not be obligated to advance any Construction Loan proceeds after the Construction Loan Maturity Date.
