Instruments of Further Assurance. The Governmental Lender covenants that it will do, execute, acknowledge and deliver or cause to be done, executed, acknowledged and delivered, such supplements hereto, and such further acts, instruments and transfers as may be reasonably required for the better assuring, transferring, conveying, pledging, assigning and confirming unto the Fiscal Agent all and singular its interest in the property herein described and the revenues, receipts and other amounts pledged hereby to the payment of the principal of, premium, if any, and interest on the Funding Loan, at the expense of the Borrower, provided, however, that no such act or instrument shall change the essential economic terms of the Funding Loan. Any and all interest in property hereafter acquired which is of any kind or nature herein provided to be and become subject to the lien hereof shall and without any further conveyance, assignment or act on the part of the Governmental Lender or the Fiscal Agent, become and be subject to the lien of this Funding Loan Agreement as fully and completely as though specifically described herein, but nothing in this sentence contained shall be deemed to modify or change the obligations of the Governmental Lender under this Section 5.03. The Governmental Lender covenants and agrees that, except as herein otherwise expressly provided, it has not and will not sell, convey, mortgage, encumber or otherwise dispose of any part of its interest in the Pledged Security or the revenues or receipts therefrom. The Governmental Lender will promptly notify the Fiscal Agent, the Funding Lender Representative and the Servicer in writing of the occurrence of any of the following: (i) the submission of any claim or the initiation of any legal process, litigation or administrative or judicial investigation against the Governmental Lender with respect to the Loans of which it has received written notice; (ii) any change in the location of the Governmental Lender’s principal office or any change in the location of the Governmental Lender’s books and records relating to the transactions contemplated hereby; (iii) the occurrence of any default or Event of Default of which the Governmental Lender has received written notice; (iv) the commencement of any proceedings or any proceedings instituted by or against the Governmental Lender in any federal, state or local court or before any governmental body or agency, or before any arbitration board, relating to the Notes, of which it has received written notice; or (v) the commencement of any proceedings by or against the Governmental Lender under any applicable bankruptcy, reorganization, liquidation, rehabilitation, insolvency or other similar law now or hereafter in effect or of any proceeding in which a receiver, liquidator, conservator, trustee or similar official shall have been, or may be, appointed or requested for the Governmental Lender or any of its assets relating to the Loans.
Appears in 3 contracts
Samples: Funding Loan Agreement, Funding Loan Agreement, Funding Loan Agreement
Instruments of Further Assurance. The Governmental Lender covenants that it will do, execute, acknowledge and deliver or cause (a) In order to be done, executed, acknowledged and delivered, such supplements hereto, and such further acts, instruments and transfers as may be reasonably required for perfect the better assuring, transferring, conveying, pledging, assigning and confirming unto security interest of the Fiscal Agent all and singular its interest Purchaser and/or the Trustee in the property herein described Trust Estate, the Issuer, to the extent permitted by law, will execute such security agreements or authorize such financing statements, naming the Purchaser or the Trustee, as the case may be, as assignee and pledgee of the revenues, receipts Trust Estate assigned and other amounts pledged hereby to under this Agreement for the payment of the principal of, premium, if any, and interest on the Funding LoanBonds and as otherwise provided herein, and the Purchaser or the Trustee, as the case may be, or Borrower will cause the same to be duly filed and recorded, as the case may be, in the appropriate state and county offices as required by the provisions of the Uniform Commercial Code or other similar law as adopted in the State, as from time to time amended. To continue the security interest evidenced by such security agreements or financing statements, the Borrower shall provide to the Purchaser or the Trustee, as the case may be, and the Purchaser or the Trustee shall file and record such necessary continuation statements or supplements thereto and other instruments from time to time as may be required pursuant to the provisions of the said Uniform Commercial Code or other similar law to fully preserve and protect the security interest of the Purchaser or the Trustee in the Trust Estate. The Issuer, to the extent permitted by law, at the expense of the Borrower, providedshall execute and cause to be executed any and all further instruments as shall be reasonably required by the Purchaser or the Trustee for such protection and perfection of its interests hereunder, however, that no such act or instrument shall change the essential economic terms registered owners of the Funding Loan. Any Bonds and all interest in property hereafter acquired which is of any kind the Purchaser, the Trustee, the Borrower or nature herein provided its agent, as the case my be, shall file and refile or cause to be filed and become subject refiled such instruments which shall be necessary to the lien hereof shall preserve and without any further conveyance, assignment or act on the part of the Governmental Lender or the Fiscal Agent, become and be subject to perfect the lien of this Funding Loan Agreement as fully upon the Trust Estate until the principal of, premium, if any, and completely as though specifically described herein, but nothing in this sentence contained interest on the Bonds issued hereunder shall have been paid or provision for their payment shall be deemed to modify or change the obligations of the Governmental Lender under this Section 5.03. The Governmental Lender covenants and agrees that, except made as herein otherwise expressly provided, it has not and will not sell, convey, mortgage, encumber or otherwise dispose of any part of its interest in the Pledged Security or the revenues or receipts therefrom. The Governmental Lender will promptly notify the Fiscal Agent, the Funding Lender Representative and the Servicer in writing of the occurrence of any of the following:
(i) the submission of any claim or the initiation of any legal process, litigation or administrative or judicial investigation against the Governmental Lender with respect to the Loans of which it has received written notice;
(ii) any change in the location of the Governmental Lender’s principal office or any change in the location of the Governmental Lender’s books and records relating to the transactions contemplated hereby;
(iii) the occurrence of any default or Event of Default of which the Governmental Lender has received written notice;
(iv) the commencement of any proceedings or any proceedings instituted by or against the Governmental Lender in any federal, state or local court or before any governmental body or agency, or before any arbitration board, relating to the Notes, of which it has received written notice; or
(v) the commencement of any proceedings by or against the Governmental Lender under any applicable bankruptcy, reorganization, liquidation, rehabilitation, insolvency or other similar law now or hereafter in effect or of any proceeding in which a receiver, liquidator, conservator, trustee or similar official shall have been, or may be, appointed or requested for the Governmental Lender or any of its assets relating to the Loans.
Appears in 2 contracts
Instruments of Further Assurance. The Governmental Lender covenants that it will do, execute, acknowledge and deliver or cause to be done, executed, acknowledged and delivered, such supplements hereto, and such further acts, instruments and transfers as may be reasonably required for the better assuring, transferring, conveying, pledging, assigning and confirming unto the Fiscal Agent all and singular its interest in the property herein described and the revenues, receipts and other amounts pledged hereby to the payment of the principal of, premiumPrepayment Premium, if any, and interest on the Funding Loan, at the expense of the Borrower, provided, however, that no such act or instrument shall change the essential economic terms of the Funding Loan. Any and all interest in property hereafter acquired which is of any kind or nature herein provided to be and become subject to the lien hereof shall and without any further conveyance, assignment or act on the part of the Governmental Lender or the Fiscal Agent, become and be subject to the lien of this Funding Loan Agreement as fully and completely as though specifically described herein, but nothing in this sentence contained shall be deemed to modify or change the obligations of the Governmental Lender under this Section 5.03. The Governmental Lender covenants and agrees that, except as herein otherwise expressly provided, it has not and will not sell, convey, mortgage, encumber or otherwise dispose of any part of its interest in the Pledged Security or the revenues or receipts therefrom. The Governmental Lender will promptly notify the Fiscal Agent, the Funding Lender Representative and the Loan Servicer in writing of the occurrence of any of the following:
(ia) the The submission of any claim or the initiation of any legal process, litigation or administrative or judicial investigation against the Governmental Lender with respect to the Loans of which it has received written notice;Loans.
(iib) any Any change in the location of the Governmental Lender’s principal office or any change in the location of the Governmental Lender’s books and records relating to the transactions contemplated hereby;.
(iiic) the The occurrence of any default or Event of Default of which the Governmental Lender has received written notice;actual knowledge.
(ivd) the The commencement of any proceedings or any proceedings instituted by or against the Governmental Lender in any federal, state or local court or before any governmental body or agency, or before any arbitration board, relating to the Notes, of which it has received written notice; or.
(ve) the The commencement of any proceedings by or against the Governmental Lender under any applicable bankruptcy, reorganization, liquidation, rehabilitation, insolvency or other similar law now or hereafter in effect or of any proceeding in which a receiver, liquidator, conservator, trustee or similar official shall have been, or may be, appointed or requested for the Governmental Lender or any of its assets relating to the Loans.
Appears in 2 contracts
Samples: Funding Loan Agreement, Funding Loan Agreement
Instruments of Further Assurance. The Governmental Lender covenants that it will do, execute, acknowledge acknowledge, and deliver or cause to be done, executed, acknowledged acknowledged, and delivered, such supplements hereto, and such further acts, instruments and transfers as may be reasonably required for the better assuring, transferring, conveying, pledging, assigning assigning, and confirming unto the Fiscal Agent all and singular its interest in the property herein described and the revenues, receipts receipts, and other amounts pledged hereby to the payment of the principal of, premiumPrepayment Premium, if any, and interest on the Funding Loan, at the expense of the Borrower, provided, however, that no such act or instrument shall change the essential economic terms of the Funding Loan. Any and all interest in property hereafter acquired which is of any kind or nature herein provided to be and become subject to the lien hereof shall and without any further conveyance, assignment or act on the part of the Governmental Lender or the Fiscal Agent, become and be subject to the lien of this Funding Loan Agreement as fully and completely as though specifically described herein, but nothing in this sentence contained shall be deemed to modify or change the obligations of the Governmental Lender under this Section 5.03. The Governmental Lender covenants and agrees that, except as herein otherwise expressly provided, it has not and will not sell, convey, mortgage, encumber or otherwise dispose of any part of its interest in the Pledged Security or the revenues or receipts therefrom. The Governmental Lender will promptly notify the Fiscal Agent, the Funding Lender Representative Representative, and the Servicer in writing of the occurrence of any of the following:
(i) the submission of any claim or the initiation of any legal process, litigation or administrative or judicial investigation against the Governmental Lender with respect to the Loans of which it has received written noticeLoans;
(ii) any change in the location of the Governmental Lender’s principal office or any change in the location of the Governmental Lender’s books and records relating to the transactions contemplated hereby;
(iii) the occurrence of any default or Event of Default of which the Governmental Lender has received written noticeactual knowledge;
(iv) the commencement of any proceedings or any proceedings instituted by or against the Governmental Lender in any federal, state or local court or before any governmental body or agency, or before any arbitration board, relating to the Notes, of which it has received written notice; or
(v) the commencement of any proceedings by or against the Governmental Lender under any applicable bankruptcy, reorganization, liquidation, rehabilitation, insolvency or other similar law now or hereafter in effect or of any proceeding in which a receiver, liquidator, conservator, trustee or similar official shall have been, or may be, appointed or requested for the Governmental Lender or any of its assets relating to the Loans.
Appears in 2 contracts
Samples: Funding Loan Agreement, Funding Loan Agreement
Instruments of Further Assurance. The Governmental Lender Subject to Section 5.10 hereof, the Issuer covenants that it will do, execute, acknowledge and deliver or cause to be done, executed, acknowledged and delivered, such supplements indentures supplemental hereto, and such further acts, instruments and transfers as may be reasonably required for the better assuring, transferring, conveying, pledging, assigning and confirming unto the Fiscal Agent Trustee all and singular its interest in the property herein described and the revenues, receipts and other amounts pledged hereby to the payment of the principal of, premium, if any, and interest on the Funding Loan, at the expense of the Borrower, provided, however, that no such act or instrument shall change the essential economic terms of the Funding LoanBonds. Any and all interest in property hereafter acquired which is of any kind or nature herein provided to be and become subject to the lien hereof shall and without any further conveyance, assignment or act on the part of the Governmental Lender Issuer or the Fiscal AgentTrustee, become and be subject to the lien of this Funding Loan Agreement Indenture as fully and completely as though specifically described herein, but nothing in this sentence contained shall be deemed to modify or change the obligations of the Governmental Lender Issuer under this Section 5.03of this Indenture. The Governmental Lender Issuer covenants and agrees that, except as herein otherwise expressly provided, it has not and will not sell, convey, mortgage, encumber or otherwise dispose of any part of its interest in the Pledged Security Trust Estate or the revenues or receipts therefrom. The Governmental Lender Issuer will promptly notify the Fiscal Agent, the Funding Lender Representative and the Servicer Trustee in writing of the occurrence of any of the following:
(i) the submission to it of any claim or the initiation of any legal process, litigation or administrative or judicial investigation against the Governmental Lender Issuer with respect to the Loans Bonds, in each case with respect to which an Authorized Officer of which it the Issuer has received service of process or written notice;
(ii) any change in the location of the Governmental Lender’s principal office or any change in the location of the Governmental Lender’s books and records relating to the transactions contemplated hereby;
(iii) the occurrence of any default or Event of Default of which an Authorized Officer of the Governmental Lender Issuer has received written notice;actual knowledge; or
(iviii) the commencement or threat of any proceedings or any proceedings instituted by or against the Governmental Lender Issuer, with respect to which an Authorized Officer of the Issuer has been served with written notice, in any federal, state or local court or before any governmental body or agency, or before any arbitration board, relating to the Notes, of which it has received written notice; or
(v) the commencement of any proceedings by or against the Governmental Lender under any applicable bankruptcy, reorganization, liquidation, rehabilitation, insolvency or other similar law now or hereafter in effect or of any proceeding in which a receiver, liquidator, conservator, trustee or similar official shall have been, or may be, appointed or requested for the Governmental Lender or any of its assets relating to the LoansBonds.
Appears in 2 contracts
Samples: Trust Indenture, Trust Indenture
Instruments of Further Assurance. The Governmental Lender covenants that it will do, execute, acknowledge acknowledge, and deliver or cause to be done, executed, acknowledged acknowledged, and delivered, such supplements hereto, and such further acts, instruments and transfers as may be reasonably required for the better assuring, transferring, conveying, pledging, assigning assigning, and confirming unto the Fiscal Agent all and singular its interest in the property herein described and the revenues, receipts receipts, and other amounts pledged hereby to the payment of the principal of, premiumPrepayment Premium, if any, and interest on the Funding Loan, at the expense of the Borrower, provided, however, that no such act or instrument shall change the essential economic terms of the Funding LoanLoans. Any and all interest in property hereafter acquired which is of any kind or nature herein provided to be and become subject to the lien hereof shall and without any further conveyance, assignment or act on the part of the Governmental Lender or the Fiscal Agent, become and be subject to the lien of this Funding Loan Agreement as fully and completely as though specifically described herein, but nothing in this sentence contained shall be deemed to modify or change the obligations of the Governmental Lender under this Section 5.03. The Governmental Lender covenants and agrees that, except as herein otherwise expressly provided, it has not and will not sell, convey, mortgage, encumber or otherwise dispose of any part of its interest in the Pledged Security or the revenues or receipts therefrom. The Governmental Lender will promptly notify the Fiscal Agent, the Funding Lender Representative Representative, and the Servicer in writing of the occurrence of any of the following:
(i) : the submission of any claim or the initiation of any legal process, litigation or administrative or judicial investigation against the Governmental Lender with respect to the Loans of which it the Governmental Lender has received written notice;
(ii) actual knowledge; any change in the location of the Governmental Lender’s principal office or any change in the location of the Governmental Lender’s books and records relating to the transactions contemplated hereby;
(iii) ; the occurrence of any default or Event of Default of which the Governmental Lender has received written notice;
(iv) actual knowledge; the commencement of any proceedings or any proceedings instituted by or against the Governmental Lender in any federal, state or local court or before any governmental body or agency, or before any arbitration board, relating to the Notes, Notes of which it the Governmental Lender has received written noticeactual knowledge; or
(v) or the commencement of any proceedings by or against the Governmental Lender under any applicable bankruptcy, reorganization, liquidation, rehabilitation, insolvency or other similar law now or hereafter in effect or of any proceeding in which a receiver, liquidator, conservator, trustee or similar official shall have been, or may be, appointed or requested for the Governmental Lender or any of its assets relating to the LoansLoans of which the Governmental Lender has actual knowledge.
Appears in 1 contract
Samples: Funding Loan Agreement
Instruments of Further Assurance. The Governmental Lender covenants that it will do, execute, acknowledge and deliver or cause to be done, executed, acknowledged and delivered, such supplements hereto, and such further acts, instruments and transfers as may be reasonably required for the better assuring, transferring, conveying, pledging, assigning and confirming unto the Fiscal Agent all and singular its interest in the property herein described and the revenues, receipts and other amounts pledged hereby to the payment of the principal of, premium, if any, and interest on the Funding Loan, at the expense of the Borrower, provided, however, that no such act or instrument shall change the essential economic terms of the Funding Loan. Any and all interest in property hereafter acquired which is of any kind or nature herein provided to be and become subject to the lien hereof shall and without any further conveyance, assignment or act on the part of the Governmental Lender or the Fiscal Agent, become and be subject to the lien of this Funding Loan Agreement as fully and completely as though specifically described herein, but nothing in this sentence contained shall be deemed to modify or change the obligations of the Governmental Lender under this Section 5.03. The Governmental Lender covenants and agrees that, except as herein otherwise expressly provided, it has not and will not sell, convey, mortgage, encumber or otherwise dispose of any part of its interest in the Pledged Security or the revenues or receipts therefrom. The Governmental Lender will promptly notify the Fiscal Agent, and the Fiscal Agent shall notify the Funding Lender Representative and the Servicer in writing of the occurrence of any of the following:
(i) the submission of any claim or the initiation of any legal process, litigation or administrative or judicial investigation against the Governmental Lender with respect to the Loans of which it the Governmental Lender has received written noticeactual knowledge;
(ii) any change in the location of the Governmental Lender’s principal office or any change in the location of the Governmental Lender’s books and records relating to the transactions contemplated hereby;
(iii) the occurrence of any default or Event of Default of which the Governmental Lender has received written noticeactual knowledge;
(iv) the commencement of any proceedings or any proceedings instituted by or against the Governmental Lender in any federal, state or local court or before any governmental body or agency, or before any arbitration board, relating to the Notes, of which it has received written notice; or
(v) the commencement of any proceedings by or against the Governmental Lender under any applicable bankruptcy, reorganization, liquidation, rehabilitation, insolvency or other similar law now or hereafter in effect or of any proceeding in which a receiver, liquidator, conservator, trustee fiscal agent or similar official shall have been, or may be, appointed or requested for the Governmental Lender or any of its assets relating to the Loans.
Appears in 1 contract
Samples: Funding Loan Agreement
Instruments of Further Assurance. The Governmental Lender Issuer covenants that it will do, execute, acknowledge and deliver or cause to be done, executed, acknowledged and delivered, such supplements indentures supplemental hereto, and such further acts, instruments and transfers as may be reasonably required for the better assuring, transferring, conveying, pledging, assigning and confirming unto the Fiscal Agent Trustee all and singular its interest in the property herein described and the revenues, receipts and other amounts pledged hereby to the payment of the principal of, premium, if any, and interest on the Funding Loan, at the expense of the Borrower, provided, however, that no such act or instrument shall change the essential economic terms of the Funding LoanBonds. Any and all interest in property hereafter acquired which is of any kind or nature herein provided to be and become subject to the lien hereof shall and without any further conveyance, assignment or act on the part of the Governmental Lender Issuer or the Fiscal AgentTrustee, become and be subject to the lien of this Funding Loan Agreement Indenture as fully and completely as though specifically described herein, but nothing in this sentence contained shall be deemed to modify or change the obligations of the Governmental Lender Issuer under this Section 5.03of this Indenture. The Governmental Lender Issuer covenants and agrees that, except as herein otherwise expressly provided, it has not and will not sell, convey, mortgage, encumber or otherwise dispose of any part of its interest in the Pledged Security Trust Estate or the revenues or receipts therefrom. The Governmental Lender Issuer will promptly notify the Fiscal AgentTrustee and, so long as Freddie Mac is the Funding Lender Representative and Credit Facility Provider, the Servicer in writing of the occurrence of any of the following:
(i) the submission of any claim or the initiation of any legal process, litigation or administrative or judicial investigation against the Governmental Lender Issuer with respect to the Loans of which it has received written noticeBonds;
(ii) any change in the location of the Governmental LenderIssuer’s principal office or any change in the location of the Governmental LenderIssuer’s books and records relating to the transactions contemplated hereby;
(iii) the occurrence of any default or Event of Default of which the Governmental Lender Issuer has received written noticeactual knowledge;
(iv) the commencement of any proceedings or any proceedings instituted by or against the Governmental Lender Issuer in any federal, state or local court or before any governmental body or agency, or before any arbitration board, relating to the Notes, of which it has received written noticeBonds; or
(v) the commencement of any proceedings by or against the Governmental Lender Issuer under any applicable bankruptcy, reorganization, liquidation, rehabilitation, insolvency or other similar law now or hereafter in effect or of any proceeding in which a receiver, liquidator, conservator, trustee or similar official shall have been, or may be, appointed or requested for the Governmental Lender Issuer or any of its assets relating to the LoansBonds.
Appears in 1 contract
Samples: Trust Indenture
Instruments of Further Assurance. The Governmental Lender Issuer covenants that it will do, execute, acknowledge and deliver or cause to be done, executed, acknowledged and delivered, such supplements indentures supplemental hereto, and such further acts, instruments and transfers as may be reasonably required for the better assuring, transferring, conveying, pledging, assigning and confirming unto the Fiscal Agent Trustee all and singular its interest in the property herein described and the revenues, receipts and other amounts pledged hereby to the payment of the principal of, premium, if any, and interest on the Funding Loan, at the expense of the Borrower, provided, however, that no such act or instrument shall change the essential economic terms of the Funding LoanBonds. Any and all interest in property hereafter acquired which is of any kind or nature herein provided to be and become subject to the lien hereof shall and without any further conveyance, assignment or act on the part of the Governmental Lender Issuer or the Fiscal AgentTrustee, become and be subject to the lien of this Funding Loan Agreement Indenture as fully and completely as though specifically described herein, but nothing in this sentence contained shall be deemed to modify or change the obligations of the Governmental Lender Issuer under this Section 5.03. The Governmental Lender Issuer covenants and agrees that, except as herein otherwise expressly provided, it has not and will not sell, convey, mortgage, encumber or otherwise dispose of any part of its interest in the Pledged Security Trust Estate or the revenues or receipts therefrom. The Governmental Lender will promptly notify the Fiscal Agent, the Funding Lender Representative and the Servicer in writing of the occurrence of any of the following:.
(i) the submission of any claim or the initiation of any legal process, litigation or administrative or judicial investigation against the Governmental Lender Issuer with respect to the Loans of which it has received written noticeBonds;
(ii) any change in the location of the Governmental LenderIssuer’s principal office or any change in the location of the Governmental LenderIssuer’s books and records relating to the transactions contemplated hereby;
(iii) the occurrence of any default or Event of Default of which the Governmental Lender Issuer has received written noticeactual knowledge;
(iv) the commencement of any proceedings or any proceedings instituted by or against the Governmental Lender Issuer in any federal, state or local court or before any governmental body or agency, or before any arbitration board, relating to the Notes, of which it has received written noticeBonds; or
(v) the commencement of any proceedings by or against the Governmental Lender Issuer under any applicable bankruptcy, reorganization, liquidation, rehabilitation, insolvency or other similar law now or hereafter in effect or of any proceeding in which a receiver, liquidator, conservator, trustee or similar official shall have been, or may be, appointed or requested for the Governmental Lender Issuer or any of its assets relating to the LoansBonds.
Appears in 1 contract
Samples: Trust Indenture
Instruments of Further Assurance. The Governmental Lender covenants that it will do, execute, acknowledge and deliver or cause to be done, executed, acknowledged and delivered, such supplements hereto, and such further acts, instruments and transfers as may be reasonably required for the better assuring, transferring, conveying, pledging, assigning and confirming unto the Fiscal Agent all and singular its interest in the property herein described and the revenues, receipts and other amounts pledged hereby to the payment of the principal of, premium, if any, and interest on the Funding Loan, at the expense of the Borrower, provided, however, that no such act or instrument shall change the essential economic terms of the Funding Loan. Any and all interest in property hereafter acquired which is of any kind or nature herein provided to be and become subject to the lien hereof shall and without any further conveyance, assignment or act on the part of the Governmental Lender or the Fiscal Agent, become and be subject to the lien of this Funding Loan Agreement as fully and completely as though specifically described herein, but nothing in this sentence contained shall be deemed to modify or change the obligations of the Governmental Lender under this Section 5.03. The Governmental Lender covenants and agrees that, except as herein otherwise expressly provided, it has not and will not sell, convey, mortgage, encumber or otherwise dispose of any part of its interest in the Pledged Security or the revenues or receipts therefrom. The Governmental Lender will promptly notify the Fiscal Agent, the Funding Lender Representative and the Servicer in writing of the occurrence of any of the following:
(i) the submission of any claim or the initiation of any legal process, litigation or administrative or judicial investigation against the Governmental Lender with respect to the Loans of which it has received written noticeLoans;
(ii) any change in the location of the Governmental Lender’s principal office or any change in the location of the Governmental Lender’s books and records relating to the transactions contemplated hereby;
(iii) the occurrence of any default or Event of Default of which the Governmental Lender has received written noticeactual knowledge;
(iv) the commencement of any proceedings or any proceedings instituted by or against the Governmental Lender in any federal, state or local court or before any governmental body or agency, or before any arbitration board, relating to the Notes, of which it has received written notice; or
(v) the commencement of any proceedings by or against the Governmental Lender under any applicable bankruptcy, reorganization, liquidation, rehabilitation, insolvency or other similar law now or hereafter in effect or of any proceeding in which a receiver, liquidator, conservator, trustee or similar official shall have been, or may be, appointed or requested for the Governmental Lender or any of its assets relating to the Loans.
Appears in 1 contract
Samples: Funding Loan Agreement
Instruments of Further Assurance. The Governmental Lender covenants that it will do, execute, acknowledge and deliver or cause to be done, executed, acknowledged and delivered, such supplements hereto, and such further acts, instruments and transfers as may be reasonably required for the better assuring, transferring, conveying, pledging, assigning and confirming unto the Fiscal Agent all and singular its interest in the property herein described and the revenues, receipts and other amounts pledged hereby to the payment of the principal of, premium, if any, and interest on the Funding Loan, at the expense of the Borrower, provided, however, that no such act or instrument shall change the essential economic terms of the Funding Loan. Any and all interest in property hereafter acquired which is of any kind or nature herein provided to be and become subject to the lien hereof shall and without any further conveyance, assignment or act on the part of the Governmental Lender or the Fiscal Agent, become and be subject to the lien of this Funding Loan Agreement as fully and completely as though specifically described herein, but nothing in this sentence contained shall be deemed to modify or change the obligations of the Governmental Lender under this Section 5.03. The Governmental Lender covenants and agrees that, except as herein otherwise expressly provided, it has not and will not sell, convey, mortgage, encumber or otherwise dispose of any part of its interest in the Pledged Security or the revenues or receipts therefrom. The Governmental Lender will promptly notify the Fiscal Agent, the Funding Lender Representative and the Servicer in writing of the occurrence of any of the following:
(i) the submission of any claim or the initiation of any legal process, litigation or administrative or judicial investigation against the Governmental Lender with respect to the Loans of which it the Governmental Lender has received written noticeactual knowledge;
(ii) any change in the location of the Governmental Lender’s principal office or any change in the location of the Governmental Lender’s books and records relating to the transactions contemplated hereby;
(iii) the occurrence of any default or Event of Default of which the Governmental Lender has received written noticeactual knowledge;
(iv) the commencement of any proceedings or any proceedings instituted by or against the Governmental Lender in any federal, state or local court or before any governmental body or agency, or before any arbitration board, relating to the Notes, Notes of which it the Governmental Lender has received written noticeactual knowledge; or
(v) the commencement of any proceedings by or against the Governmental Lender under any applicable bankruptcy, reorganization, liquidation, rehabilitation, insolvency or other similar law now or hereafter in effect or of any proceeding in which a receiver, liquidator, conservator, trustee or similar official shall have been, or may be, appointed or requested for the Governmental Lender or any of its assets relating to the LoansLoans of which the Governmental Lender has actual knowledge.
Appears in 1 contract
Samples: Funding Loan Agreement
Instruments of Further Assurance. The Governmental Lender covenants that it will do, execute, acknowledge and deliver or cause to be done, executed, acknowledged and delivered, such supplements hereto, and such further acts, instruments and transfers as may be reasonably required for the better assuring, transferring, conveying, pledging, assigning and confirming unto the Fiscal Agent all and singular its interest in the property herein described and the revenues, receipts and other amounts pledged hereby to the payment of the principal of, premium, if any, and interest on the Funding Loan, but only at the expense written request of the BorrowerServicer, provided, however, that no such act the Fiscal Agent or instrument shall change the essential economic terms of the Funding Loan. Any Lender and all interest in property hereafter acquired which is of any kind or nature herein provided to be and become subject to the lien hereof shall and without any further conveyance, assignment or act on the part of only if the Governmental Lender has received from the Borrower or the Fiscal Agent, become and be subject party requesting any such action assurance satisfactory to the lien of this Funding Loan Agreement as fully and completely as though specifically described herein, but nothing in this sentence contained shall be deemed to modify or change the obligations of the Governmental Lender under this Section 5.03. The Governmental Lender covenants and agrees that, except as herein otherwise expressly provided, it has not and will not sell, convey, mortgage, encumber or otherwise dispose of any part of its interest in the Pledged Security or the revenues or receipts therefrom. The Governmental Lender will promptly notify the Fiscal Agent, the Funding Lender Representative and the Servicer in writing of the occurrence of any of the following:Governmental
(i) the submission of any claim or the initiation of any legal process, litigation or administrative or judicial investigation against the Governmental Lender with respect to the Loans of which it has received written notice;
(ii) any change in the location of the Governmental Lender’s principal office or any change in the location of the Governmental Lender’s books and records relating to the transactions contemplated hereby;
(iii) the occurrence of any default or Event of Default of which the Governmental Lender has received written notice;
(iv) the commencement of any proceedings or any proceedings instituted by or against the Governmental Lender in any federal, state or local court or before any governmental body or agency, or before any arbitration board, relating to the Notes, of which it has received written notice; or
(v) the commencement of any proceedings by or against the Governmental Lender under any applicable bankruptcy, reorganization, liquidation, rehabilitation, insolvency or other similar law now or hereafter in effect or of any proceeding in which a receiver, liquidator, conservator, trustee or similar official shall have been, or may be, appointed or requested for the Governmental Lender or any of its assets relating to the Loans.
Appears in 1 contract
Samples: Funding Loan Agreement
Instruments of Further Assurance. The Governmental Lender covenants that it will do, execute, acknowledge and deliver or cause to be done, executed, acknowledged and delivered, such supplements hereto, and such further acts, instruments and transfers as may be reasonably required for the better assuring, transferring, conveying, pledging, assigning and confirming unto the Fiscal Agent all and singular its interest in the property herein described and the revenues, receipts and other amounts pledged hereby to the payment of the principal of, premiumPrepayment Premium, if any, and interest on the Funding Loan, at the expense of the Borrower, provided, however, that no such act or instrument shall change the essential economic terms of the Funding Loan. Any and all interest in property hereafter acquired which is of any kind or nature herein provided to be and become subject to the lien hereof shall and without any further conveyance, assignment or act on the part of the Governmental Lender or the Fiscal Agent, become and be subject to the lien of this Funding Loan Agreement as fully and completely as though specifically described herein, but nothing in this sentence contained shall be deemed to modify or change the obligations of the Governmental Lender under this Section 5.03. The Governmental Lender covenants and agrees that, except as herein otherwise expressly provided, it has not and will not sell, convey, mortgage, encumber or otherwise dispose of any part of its interest in the Pledged Security or the revenues or receipts therefrom. The Governmental Lender will promptly notify the Fiscal Agent, the Funding Lender Representative and the Servicer in writing of the occurrence of any of the following:
(i) the submission of any claim or the initiation of any legal process, litigation or administrative or judicial investigation against the Governmental Lender with respect to the Loans of which it has received written noticeLoans;
(ii) any change in the location of the Governmental Lender’s principal office or any change in the location of the Governmental Lender’s books and records relating to the transactions contemplated hereby;
(iii) the occurrence of any default or Event of Default of which the Governmental Lender has received written noticeactual knowledge;
(iv) the commencement of any proceedings or any proceedings instituted by or against the Governmental Lender in any federal, state or local court or before any governmental body or agency, or before any arbitration board, relating to the Notes, of which it has received written notice; or
(v) the commencement of any proceedings by or against the Governmental Lender under any applicable bankruptcy, reorganization, liquidation, rehabilitation, insolvency or other similar law now or hereafter in effect or of any proceeding in which a receiver, liquidator, conservator, trustee or similar official shall have been, or may be, appointed or requested for the Governmental Lender or any of its assets relating to the Loans.
Appears in 1 contract
Samples: Funding Loan Agreement
Instruments of Further Assurance. The Governmental Lender covenants that it will do, execute, acknowledge and deliver or cause to be done, executed, acknowledged and delivered, such supplements hereto, and such further acts, instruments and transfers as may be reasonably required for the better assuring, transferring, conveying, pledging, assigning and confirming unto the Fiscal Agent all and singular its interest in the property herein described and the revenues, receipts and other amounts pledged hereby to the payment of the principal of, premiumPrepayment Premium, if any, and interest on the Funding Loan, at the expense of the Borrower, provided, however, that no such act or instrument shall change the essential economic terms of the Funding Loan. Any and all interest in property hereafter acquired which is of any kind or nature herein provided to be and become subject to the lien hereof shall and without any further conveyance, assignment or act on the part of the Governmental Lender or the Fiscal Agent, become and be subject to the lien of this Funding Loan Agreement as fully and completely as though specifically described herein, but nothing in this sentence contained shall be deemed to modify or change the obligations of the Governmental Lender under this Section 5.03. The Governmental Lender covenants and agrees that, except as herein otherwise expressly provided, it has not and will not sell, convey, mortgage, encumber or otherwise dispose of any part of its interest in the Pledged Security or the revenues or receipts therefrom. The Governmental Lender will promptly notify the Fiscal Agent, the Funding Lender Representative and the Servicer in writing of the occurrence of any of the following:.
(ia) the The submission of any claim or the initiation of any legal process, litigation or administrative or judicial investigation against the Governmental Lender with respect to the Loans of which it has received written notice;Loans.
(iib) any Any change in the location of the Governmental Lender’s principal office or any change in the location of the Governmental Lender’s books and records relating to the transactions contemplated hereby;.
(iiic) the The occurrence of any default or Event of Default of which the Governmental Lender has received written notice;actual knowledge.
(ivd) the The commencement of any proceedings or any proceedings instituted by or against the Governmental Lender in any federal, state or local court or before any governmental body or agency, or before any arbitration board, relating to the Notes, of which it has received written notice; or.
(ve) the The commencement of any proceedings by or against the Governmental Lender under any applicable bankruptcy, reorganization, liquidation, rehabilitation, insolvency or other similar law now or hereafter in effect or of any proceeding in which a receiver, liquidator, conservator, trustee or similar official shall have been, or may be, appointed or requested for the Governmental Lender or any of its assets relating to the Loans.
Appears in 1 contract
Samples: Funding Loan Agreement