Perfection of Interest. To the extent deemed necessary or desirable by the Developer, the Town will at such time and from time to time as requested by Developer establish the Developer Project Cost Account described in Section 3.1 hereof as a segregated fund under the control of an escrow agent, trustee or other fiduciary so as to perfect Developer's interest therein. The cost of establishing and monitoring such a fund shall be borne exclusively by the Developer. In the event such a fund is established under the control of a trustee or fiduciary the Town shall cooperate with the Developer in causing appropriate financing statements and continuation statements naming the Developer as pledgee of all such amounts from time to time on deposit in the fund to be duly filed and recorded in the appropriate state offices as required by and permitted under the provisions of the Maine Uniform Commercial Code or other similar law as adopted in the State of Maine and any other applicable jurisdiction, as from time to time amended, in order to perfect and maintain the security interests created hereunder.
Appears in 3 contracts
Samples: Credit Enhancement Agreement, Credit Enhancement Agreement, Credit Enhancement Agreement
Perfection of Interest. To the extent deemed necessary or desirable (a) Upon written request by the Developer, the Town City will at such time and from time to time as requested by Developer establish the Developer Project Cost Account described in Section 3.1 2.1 hereof as a segregated fund under the control of an escrow agent, trustee or other fiduciary selected by Developer so as to perfect Developer's ’s interest therein. The cost of establishing and monitoring such a fund (including the cost of counsel to the City with respect thereto) shall be borne exclusively by the Developer. In the event such a fund is established under the control of a trustee or fiduciary fiduciary, the Town City shall cooperate with the Developer in causing appropriate financing statements and continuation statements naming the Developer , or its designee, as pledgee of all such amounts from time to time on deposit in the fund to be duly filed and recorded in the appropriate state offices as required by and permitted under the provisions of the Maine Uniform Commercial Code or other similar law as adopted in the State of Maine and any other applicable jurisdiction, as from time to time amended, in order to perfect and maintain the security interests created hereunder.
Appears in 2 contracts
Samples: Credit Enhancement Agreement, Credit Enhancement Agreement
Perfection of Interest. To the extent deemed necessary or desirable (a) Upon written request by the DeveloperXxxxxxxxx, the Town City will at such time and from time to time as requested by Developer establish the Developer Project Cost Account described in Section 3.1 2.1 hereof as a segregated fund under the control of an escrow agent, trustee or other fiduciary selected by Developer so as to perfect Developer's Xxxxxxxxx’s interest therein. The cost of establishing and monitoring such a fund (including the cost of counsel to the City with respect thereto) shall be borne exclusively by the Developer. In the event such a fund is established under the control of a trustee or fiduciary fiduciary, the Town City shall cooperate with the Developer in causing appropriate financing statements and continuation statements naming the Developer , or its designee, as pledgee of all such amounts from time to time on deposit in the fund to be duly filed and recorded in the appropriate state offices as required by and permitted under the provisions of the Maine Uniform Commercial Code or other similar law as adopted in the State of Maine and any other applicable jurisdiction, as from time to time amended, in order to perfect and maintain the security interests created hereunder.
Appears in 2 contracts
Samples: Credit Enhancement Agreement, Credit Enhancement Agreement
Perfection of Interest. To the extent deemed necessary or desirable by the Developer, the Town will at such time and from time to time as requested by Developer Xxxxxxxxx establish the Developer Project Cost Account described in Section 3.1 hereof as a segregated fund under the control of an escrow agent, trustee or other fiduciary so as to perfect DeveloperXxxxxxxxx's interest therein. The cost of establishing and monitoring such a fund shall be borne exclusively by the Developer. In the event such a fund is established under the control of a trustee or fiduciary the Town shall cooperate with the Developer in causing appropriate financing statements and continuation statements naming the Developer as pledgee of all such amounts from time to time on deposit in the fund to be duly filed and recorded in the appropriate state offices as required by and permitted under the provisions of the Maine Uniform Commercial Code or other similar law as adopted in the State of Maine and any other applicable jurisdiction, as from time to time amended, in order to perfect and maintain the security interests created hereunder.
Appears in 1 contract
Samples: Credit Enhancement Agreement
Perfection of Interest. (a) To the extent deemed necessary or desirable by the Developer, the Town will at such time and from time to time as requested by Developer establish the Developer Evergreen Project Cost Account Subaccount described in Section 3.1 2.1 hereof as a segregated fund under the control of an escrow agent, trustee or other fiduciary selected by Developer so as to perfect Developer's interest therein. The cost of establishing and monitoring such a fund shall be borne exclusively by the Developer. In the event such a fund is established under the control of a trustee or fiduciary the Town shall cooperate with the Developer in causing appropriate financing statements and continuation statements naming the Developer as pledgee of all such amounts from time to time on deposit in the fund to be duly filed and recorded in the appropriate state offices as required by and permitted under the provisions of the Maine Uniform Commercial Code or other similar law as adopted in the State of Maine and any other applicable jurisdiction, as from time to time amended, in order to perfect and maintain the security interests created hereunder.
Appears in 1 contract
Samples: Credit Enhancement Agreement