MISCELLANEOUS PROVISIONS 21. Section 9.1. Loan Agreement for Benefit of Parties Hereto 21 Section 9.2. Severability 21 Section 9.3. Limitation on Interest 21 Section 9.4. Addresses for Notice and Demands 21 Section 9.5. Successors and Assigns 22 Section 9.6. Counterparts 22 Section 9.7. Governing Law 22 Section 9.8. Indenture Provisions 22 LOAN AGREEMENT 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 CITY OF FISHERS, INDIANA, a municipal corporation duly organized and validly existing under the laws of the State of Indiana (the “Issuer”).
MISCELLANEOUS PROVISIONS 21. Section 9.1. Financing Agreement for Benefit of Parties Hereto 21 Section 9.2. Severability 21 Section 9.3. Limitation on Interest 21 Section 9.4. Addresses for Notice and Demands 21 Section 9.5. Successors and Assigns 23 Section 9.6. Counterparts 23 Section 9.7. Governing Law 23 FINANCING AND COVENANT AGREEMENT This is a FINANCING AND COVENANT AGREEMENT, dated as of March 1, 2023 ("Financing Agreement") between DRG INDUSTRIAL FUND I AVON, LLC, a limited liability company duly organized and validly existing under the laws of the State of Delaware and authorized to conduct business in the State of Indiana ("Company"), and the TOWN OF AVON, INDIANA, a municipal corporation duly organized and validly existing under the laws of the State of Indiana ("Issuer" and "Town"). Indiana Code, Title 36, Article 7, Chapters 11.9, 12, 14 and 25 as supplemented and amended (collectively, "Act"), authorizes and empowers the Issuer to issue revenue bonds and to provide the proceeds therefrom for the purpose of financing costs of economic development facilities and infrastructure for diversification of economic development and promotion of job opportunities in or near such Issuer and vests the Issuer with powers that may be necessary to enable it to accomplish such purposes; The Avon Redevelopment Commission ("Redevelopment Commission") did on February 15, 2021, adopt a declaratory resolution ("Declaratory Resolution") establishing the Xxxxxx Xxxxxx Parkway South Development Area ("Area") located in the Town and, following a public hearing, the Declaratory Resolution was confirmed by a confirmatory resolution adopted on April 19, 2021; The Declaratory Resolution approved the economic development plan ("Plan") for the Area which Plan contained specific recommendations for economic development in the Area, and the Declaratory Resolution established an allocation area, including the Xxxxxx Logistics Allocation Area ("Allocation Area"), as an allocation area in accordance with IC 36-7-14-39 for the purpose of capturing property taxes generated from the incremental assessed value of real property located in the Allocation Area; The Issuer, upon finding that the Project (as hereinafter defined) and the proposed financing of the construction thereof will lead to the creation of employment opportunities in the Town and furtherance of private investment; will benefit the health, safety, morals, and general welfare of the citizens of the Town and the State of Indiana; and will comply ...
MISCELLANEOUS PROVISIONS 21. Section 8.1 Indemnification of State and the Corporation 21 Section 8.2 Term 21 Section 8.3 Termination 22 Section 8.4 Notices to Agency 23 Exhibit A – Notice of Intent Exhibit B – Certificate Designating Authorized Agency Representative Exhibit C – Legal Description Exhibit D – Agency Rent Payments LOCAL AGENCY FINANCING LEASE, SERIES 2021B (Real Property) This Local Agency Financing Lease, Series 2021B (the “Local Agency Financing Lease”), is entered into by and between the state of Washington (the “State”), acting by and through the State Treasurer (the “State Treasurer”), and Cowlitz County, Washington, a municipal corporation of the State (the “Local Agency”).
MISCELLANEOUS PROVISIONS 21. Section 11.1. Loan Agreement for Benefit of Parties Hereto 21 Section 11.2. Severability 21 Section 11.3. Notices 21 Section 11.4. Successors and Assigns 22 Section 11.5. Counterparts 22
MISCELLANEOUS PROVISIONS 21. Section 10.1.Power of Attorney 21 Section 10.2.Governing Law; Jurisdiction; Jury Waiver 21 Section 10.3.Certificate of Formation; Other Documents 21 Section 10.4.Force Majeure 22 Section 10.5.Waivers. 22 Section 10.6.Notices 22 Section 10.7.Representations and Warranties 22 Section 00.0.Xx Third Party Benefit 23 Section 00.0.Xxxxxxxxxxxx. 23 Section 10.10.Amendments 23 Section 00.00.Xxxxx Counsel 23 Section 10.12.Execution 23 Section 10.13.Binding Effect 24 Section 10.14.Severability 24 Section 10.15.Computation of Time 24 Section 10.16.Entire Agreement 24 Exhibit 10.1 HMS-ORIX SLF LLC LIMITED LIABILITY COMPANY AGREEMENT This Limited Liability Company Agreement, dated as of January [•], 2017, of HMS-ORIX SLF LLC (the “Company”) is entered into by and between HMS Income Fund, Inc. and ORIX Funds Corp. (each, a “Member” and collectively, the “Members”).
MISCELLANEOUS PROVISIONS 21. Section 9.1. Financing Agreement for Benefit of Parties Hereto 21 Section 9.2. Severability 21 Section 9.3. Limitation on Interest 21 Section 9.4. Addresses for Notice and Demands 21 Section 9.5. Successors and Assigns 22 Section 9.6. Counterparts 22 Section 9.7. Governing Law 22 FINANCING AND COVENANT AGREEMENT This is a FINANCING AND COVENANT AGREEMENT, dated as of [ ], 2023 ("Financing Agreement") between FORESTEDGE LLC, or its affiliates, a limited liability company duly organized and validly existing under the laws of the State of Indiana ("Company"), and the CITY OF CHARLESTOWN REDEVELOPMENT COMMISSION, a municipal body politic duly organized and validly existing under the laws of the State of Indiana ("Commission"). Indiana Code, Title 36, Article 7, Chapters 14 and 25 as supplemented and amended (collectively, "Act"), authorizes and empowers the Commission to issue tax increment revenue bonds and to provide the proceeds therefrom for the purpose of financing the costs of local public improvements in allocation areas of the Commission and vests the Commission with powers that may be necessary to enable it to accomplish such purposes;
MISCELLANEOUS PROVISIONS 21. 1 Partial Invalidity If one or more provisions of this Agreement are or become wholly or partially invalid, void or unenforceable, this shall not affect the validity of the other provisions of this Agreement. The same shall apply if this Agreement contains a contractual omission. Instead of the invalid, void or unenforceable provision, the Parties shall agree on an arrangement which comes as close as legally possible to what the Parties were trying to achieve with the invalid, void or unenforceable provision (or, as the case may be, the invalid, void or unenforceable part thereof). In the event that a contractual omission needs to be filled, an arrangement shall be agreed upon which, in accordance with the purpose and intent of this Agreement, comes as close as possible to what the Parties would have agreed upon if they had thought about the matter at the time of conclusion of this Agreement. 21.2
MISCELLANEOUS PROVISIONS 21. Section 8.01. Access to Certain Documentation and Certain Information Regarding the Loans 21 Section 8.02. Other Amendments, Changes and Modifications 21 Section 8.03. Notices 21 Section 8.04. Further Assurances and Corrective Instruments 21 Section 8.05. Binding on Parties and Assigns; No Rights Conferred on Others 21 Section 8.06. Governing Law 21 Section 8.07. Severability 21 Section 8.08. Discretion of the Servicer 21 Section 8.09. Term of Origination Agreement 21 Section 8.10. Miscellaneous 22 Section 8.11. Relationship of the Parties 22 Section 8.12. Trustee May Enforce 22 Section 8.13. Confidential Information 22 Section 8.14. Fraud Policy 22 Section 8.15. Funding Cancellation and Termination for Convenience 22 Section 8.16. Effect on Prior Origination Agreements 23 PARTICIPANT SIGNATURE PAGE 24 INDIANA HOUSING AND COMMUNITY DEVELOPMENT AUTHORITY 25 PRIVACY STATEMENT FOR IHCDA HOMEOWNERSHIP PROGRAMS 26 MORTGAGE ORIGINATION AND SALE AGREEMENT INTRODUCTION Read this document thoroughly and in its entirety. If you wish to participate in IHCDA’s mortgage programs, you must complete the signature page attached hereto. Please complete and execute all applicable areas of this Mortgage Origination and Sale Agreement via ADOBE Sign. After the Participating Xxxxxx’s completion and execution of the Mortgage Origination and Sale Agreement it will be executed by IHCDA’s Executive Director and returned to the Participating Lender. The fee to participate is $2,000.00. Please pay via the following portal xxxxx://xxxxxxxxx.xxxx.xxx/apps/in/mosa Please e-mail the Homeownership Department at xxxx@xxxxx.XX.xxx with any questions that you may have regarding this process. THIS MORTGAGE ORIGINATION AND SALE AGREEMENT (MOSA) IS IN EFFECT UNTIL DECEMBER 31, 2024. HOMEOWNERSHIP MORTGAGE ORIGINATION AND SALE AGREEMENT This Mortgage Origination and Sale Agreement dated as of (this “Origination Agreement” or “MOSA”), is by and among the Indiana Housing and Community Development Authority (“Authority” or “IHCDA”), the Master Servicer and (“Participant”).
MISCELLANEOUS PROVISIONS 21. Section 9.1. Financing Agreement for Benefit of Parties Hereto 21 Section 9.2. Severability 21 Section 9.3. Limitation on Interest 21 Section 9.4. Addresses for Notice and Demands 21 Section 9.5. Successors and Assigns 22 Section 9.6. Counterparts 22 Section 9.7. Governing Law 22 FINANCING AND COVENANT AGREEMENT This is a FINANCING AND COVENANT AGREEMENT dated as of June 1, 2024 ("Financing Agreement") by and between Xxxxxxxx Farms SL Real Estate, LLC, a Delaware limited liability company duly organized and existing and authorized to do business under the laws of the State of Indiana ("Company"), and the TOWN OF ZIONSVILLE, INDIANA ("Town or Issuer"), a municipal corporation duly organized and validly existing under the laws of the State of Indiana. PRELIMINARY STATEMENT Indiana Code, Title 36, Article 7, Chapters 11.9, 12, 14 and 25 as supplemented and amended (collectively, "Act"), authorizes and empowers the Issuer to issue revenue bonds and to provide the proceeds therefrom for the purpose of financing costs of economic development facilities and infrastructure for diversification of economic development and promotion of job opportunities in or near such Issuer and vests the Issuer with powers that may be necessary to enable it to accomplish such purposes; The Zionsville Redevelopment Commission ("Commission") on September 23, 2019, adopted a declaratory resolution, as amended on March 26, 2024 (collectively, as amended, "Declaratory Resolution"), as confirmed by a confirmatory resolution adopted on December 23, 2019, as amended on May 28, 2024 ("Confirmatory Resolution"), establishing the Xxxxxxxx Farms Economic Development Area ("Area"), as an economic development area under IC 36-7-14 and IC 36-7-25.
