MISCELLANEOUS PROVISIONS 20. Section 9.1. Financing Agreement for Benefit of Parties Hereto 20 Section 9.2. Severability 20 Section 9.3. Limitation on Interest 20 Section 9.4. Addresses for Notice and Demands 20 Section 9.5. Successors and Assigns 21 Section 9.6. Counterparts 21 Section 9.7. Governing Law 21 This is a FINANCING AND COVENANT AGREEMENT dated as of February 1, 2019 ("Financing Agreement") between Xxxxxxx Development, LLC, an Indiana limited liability company organized, and authorized to do business in the State of Indiana ("Company"), and the CITY OF NOBLESVILLE, INDIANA ("Issuer"), a political subdivision duly organized and validly existing under the laws of the State of Indiana. Indiana Code, Title 36, Article 7, Chapters 11.9, -12, -14 and -25 (collectively, "Act") has been enacted by the General Assembly of Indiana. The Act provides that an Issuer may, pursuant to the Act, issue revenue bonds for the purpose of financing costs of economic development facilities, for diversification of economic development and promotion of job opportunities in or near the Issuer and vests the Issuer with powers that may be necessary to enable it to accomplish such purposes. The Noblesville Redevelopment Commission adopted a declaratory resolution on November 14, 2002 creating the Noblesville Corporate Campus West Economic Development Area ("CCW Area"), as amended on April 18, 2008 and May 2, 2014 (collectively, as amended, "CCW Declaratory Resolution"), which was effective as of those dates and was confirmed by confirmatory resolutions adopted on December 3, 2002, as amended on June 6, 2014 (collectively, as amended, "CCW Confirmatory Resolution"). The CCW Declaratory Resolution approved the economic development plan, as amended (collectively, as amended, "CCW Plan") for the CCW Area which CCW Plan contained specific recommendations for economic development in the CCW Area, and the CCW Declaratory Resolution established the Noblesville Corporate Campus West Allocation Area in accordance with IC 36-7-14-39 ("CCW Allocation Area") for the purpose of capturing property taxes generated from the incremental assessed value of real property located in the CCW Allocation Area. The Commission adopted a declaratory resolution, dated December 13, 2018 ("Central 000xx Xxxxxx Declaratory Resolution") establishing the Central 000xx Xxxxxx Economic Development Area ("Central 000xx Xxxxxx Area"), as confirmed by a confirmatory resolution, dated February 8, 2019 ("Central 000xx Xxxxxx Confirmatory Res...
MISCELLANEOUS PROVISIONS 20. Section 7.01 Amendments 20 Section 7.02 Assignment; Benefit of Agreement; Third-Party Beneficiaries 21 Section 7.03 Notices 21 Section 7.04 GOVERNING LAW 22 Section 7.05 WAIVER OF JURY TRIAL 22 Section 7.06 No Waiver; Remedies 22 Section 7.07 Severability 22 Section 7.08 Headings 22 Section 7.09 Counterparts; Electronic Signatures 22 Schedule A – Review Materials Schedule B – Representations, Warranties and Tests This ASSET REPRESENTATIONS REVIEW AGREEMENT (this “Agreement”), entered into as of [ ], 20[ ], by and among WORLD OMNI [SELECT] AUTO [RECEIVABLES] TRUST 20[ ]-[ ], a Delaware statutory trust (the “Issuing Entity”), [WORLD OMNI [SELECT] AUTO [RECEIVABLES] GRANTOR TRUST 20[ ]-[ ], a Delaware statutory trust (the “Grantor Trust”),] WORLD OMNI FINANCIAL CORP., a Florida corporation (the “Servicer” and the “Administrator”), and [ ], a [ ] (the “Asset Representations Reviewer”).
MISCELLANEOUS PROVISIONS 20. Section 9.1 Amendment 20 Section 9.2 Governing Law 20 Section 9.3 Notices 20 Section 9.4 Severability 21 Section 9.5 Assignment 21 Section 9.6 Merger of Discover Bank. 21 Section 9.7 Acknowledgement of Discover Bank 22 Section 9.8 Further Assurances 22 Section 9.9 No Waiver; Cumulative Remedies 22 Section 9.10 Counterparts 22 Section 9.11 Binding Effect; Third-Party Beneficiaries 22 Section 9.12 Merger and Integration 22 Section 9.13 Headings 23 Section 9.14 Schedules and Exhibits 23 Section 9.15 Survival of Representations and Warranties 23 Section 9.16 Nonpetition Covenant 23 Section 9.17 Bankruptcy Against Any Additional Originator 23 This Receivables Sale and Contribution Agreement (this “Agreement”) is made as of December 22, 2015, between Discover Bank, a Delaware banking corporation (“Discover Bank”), and Discover Funding LLC, a Delaware limited liability company (“Discover Funding”).
MISCELLANEOUS PROVISIONS 20. Section 9.1.
MISCELLANEOUS PROVISIONS 20. Section 9.1. Loan Agreement for Benefit of Parties Hereto 20 Section 9.2. Severability 20 Section 9.3. Limitation on Interest 20 Section 9.4. Addresses for Notice and Demands 20 Section 9.5. Successors and Assigns 21 Section 9.6. Counterparts 21 Section 9.7. Governing Law 21 Section 9.8. Indenture Provisions 21 This is a LOAN AGREEMENT, dated as of , 20 (the “Loan Agreement”) between FISHERS TOWN HALL BUILDING CORPORATION, a nonprofit corporation duly organized and validly existing under the laws of the State of Indiana (the “Borrower”), and the TOWN OF FISHERS, INDIANA, a municipal corporation duly organized and validly existing under the laws of the State of Indiana (the “Issuer”).
