Common use of Limitation on Existing Facilities Clause in Contracts

Limitation on Existing Facilities. No portion of the net proceeds of the portion of the Funding Loan evidenced by the Tax-Exempt Governmental Lender Note will be used for the acquisition of any existing property or an interest unless (A) the first use of such property is pursuant to such acquisition or (B) the rehabilitation expenditures with respect to any building and the equipment therefor equal or exceed 15 percent of the cost of acquiring such building financed with the proceeds of the portion of the Funding Loan evidenced by the Tax-Exempt Governmental Lender Note (with respect to structures other than buildings, this clause shall be applied by substituting 100 percent for 15 percent). For purposes of the preceding sentence, the term “rehabilitation expenditures” shall have the meaning set forth in Section 147(d)(3) of the Code.

Appears in 5 contracts

Samples: Borrower Loan Agreement, Borrower Loan Agreement, Borrower Loan Agreement

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Limitation on Existing Facilities. No portion of the net proceeds of the portion of the Funding Loan evidenced by the Tax-Exempt Governmental Lender Note Notes will be used for the acquisition of any existing property or an interest therein unless (A) the first use of such property is pursuant to such acquisition or (B) the rehabilitation expenditures with respect to any building and the equipment therefor equal or exceed 15 percent of the cost of acquiring such building financed with the proceeds of the portion of the Funding Loan evidenced by the Tax-Exempt Governmental Lender Note Notes (with respect to structures other than buildings, this clause shall be applied by substituting 100 percent for 15 percent). For purposes of the preceding sentence, the term "rehabilitation expenditures" shall have the meaning set forth in Section 147(d)(3) of the Code.

Appears in 2 contracts

Samples: Borrower Loan Agreement, sanjoseca.gov

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Limitation on Existing Facilities. No portion of the net proceeds of the portion of the Funding Loan evidenced by the Tax-Tax Exempt Governmental Lender Note will be used for the acquisition of any existing property or an interest unless (A) the first use of such property is pursuant to such acquisition or (B) the rehabilitation expenditures with respect to any building and the equipment therefor equal or exceed 15 percent of the cost of acquiring such building financed with the proceeds of the portion of the Funding Loan evidenced by the Tax-Tax Exempt Governmental Lender Note (with respect to structures other than buildings, this clause shall be applied by substituting 100 percent for 15 percent). For purposes of the preceding sentence, the term “rehabilitation expenditures” shall have the meaning set forth in Section 147(d)(3) of the Code.

Appears in 1 contract

Samples: Borrower Loan Agreement

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