Priority of Expenditures Sample Clauses

Priority of Expenditures. Expenditures of the Partnership shall be paid in the following order of priority:
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Priority of Expenditures. 16 3.3.1 First Priority...................................................... 16 3.3.2 Second Priority..................................................... 16 3.3.3
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Priority of Expenditures. TIF Proceeds from the issuance of TIF Indebtedness shall be expended in the following priority in accordance with those cost estimates listed on Exhibit C. Only those costs incurred after the execution of this Redevelopment Agreement by all parties hereto shall be eligible for payment. TIF Proceeds from the sale of the TIF Bond shall be expended in the following priority in accordance with those cost estimates listed on Exhibit C. FIRST PRIORITY: Reimburse the City for the costs associated with issuance of the TIF Indebtedness including bond counsel fees, issuance costs, and administrative fees, shown on the Uses and Sources of Funds in Exhibit C; SECOND PRIORITY: Reimburse Redeveloper for Project Site Purchase Assistance costs, to the extent TIF Proceeds are available. The First Priority and Second Priority Items are hereinafter referred to as the “Redeveloper Priority Expenses.” The costs for the Uses listed in Exhibit C are estimates and reimbursements will be based upon the actual acquisition and implementation costs.
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Priority of Expenditures. TIF Proceeds from the issuance of TIF Indebtedness shall be expended in the following priority in accordance with those cost estimates listed on Exhibit B. Only those costs incurred after the execution of this Redevelopment Agreement by all parties hereto shall be eligible for payment. TIF Proceeds from the sale of the TIF Bond shall be expended in the following priority in accordance with those cost estimates listed on Exhibit B. FIRST PRIORITY: Reimburse the City for the cost of any Relocation Assistance (define in Section 925 below), if any, and costs associated with issuance of the TIF Indebtedness including bond counsel fees, fiscal advisory fees, placement fees, administrative fees, capitalized interest, if any, and reserves; SECOND PRIORITY: Reimburse the City for the Block 52 Improvements in an amount not to exceed the amount shown on Exhibit B. THIRD PRIORITY: Reimburse the Redeveloper for Façade Enhancement, Fill Vault Space and Demolition, to the extent TIF Proceeds are available. The City and Redeveloper may by mutual written agreement reduce or increase the scope, scale, size or phasing of a Third Priority item or items so long as the overall available Total TIF Uses amount is not exceeded. In the event there is not enough available Grant Funds (defined below) from TIF Proceeds to complete the Third Priority item(s) as shown above, then the City and Redeveloper may by mutual written agreement reduce the scope, scale, size or phasing of a Third Priority item or items or eliminate a Third Priority item or items. The Third Priority Items are hereinafter referred to as the “Redeveloper Priority Expenses.” The costs for the Uses listed in Exhibit B are estimates and reimbursements will be based upon the actual design, engineering, staking, inspections, project administration, construction, and implementation costs.
Sample 1
Priority of Expenditures. TIF Proceeds from the issuance of TIF Indebtedness shall be expended in the following priority in accordance with those cost estimates listed on Exhibit B. Only those costs incurred after the execution of this Redevelopment Agreement by all parties hereto shall be eligible for payment. FIRST PRIORITY: Reimburse the City for cost of issuance of the TIF Indebtedness including bond counsel fees, fiscal advisory fees, placement fees, recording fees, capitalized interest, a 1% administrative fee, and reserves; SECOND PRIORITY: Reimburse the Redeveloper for the costs of installing energy enhancements in the form of upgraded HVAC units; THIRD PRIORITY: Reimburse the Redeveloper for the Redeveloper costs of rehabilitating historic facades and the internal courtyard; The costs for the Uses listed in Exhibit B are estimates and reimbursements will be based upon the actual design, inspections, project administration, construction, and implementation costs.
Sample 1
Priority of Expenditures. TIF Proceeds from the issuance of TIF Indebtedness shall be expended in the following priority in accordance with those cost estimates listed on Exhibit D Only those costs incurred after the execution of this Redevelopment Agreement by all parties hereto shall be eligible for payment, except for costs relating to the items identified in Neb. Rev. Stat. §18-2117.03(1) which may be incurred prior to the execution of this Redevelopment Agreement. TIF Proceeds from the sale of the TIF Bond shall be expended in the following priority in accordance with those cost estimates listed on Exhibit D.
Sample 1
Priority of Expenditures. TIF Proceeds from the issuance of TIF Indebtedness shall be expended in the following priority in accordance with those cost estimates listed on Exhibit D. Except as provided by Neb. Rev. Stat. §18-2117.03 (1) (Reissue 2018), only those costs incurred after the execution of this Redevelopment Agreement by all parties hereto shall be eligible for payment. TIF Proceeds from the sale of the TIF Bond shall be expended in the Five Priorities in accordance with those cost estimates listed on Exhibit D. The Second, Third, Fourth and Fifth Priority Items are herein referred to as the “Redeveloper Priority Expenses.” Reimbursement for Priority One Expenses will be the actual costs incurred. Many of the costs for the Uses listed in Exhibit D are estimates and actual reimbursements will be based upon the actual design, inspection, project administration, construction, financing and implementation costs. The City Urban Development Director on behalf of the City is hereby authorized to amend or modify the order of priority for the Priority items as shown above. The grants are restricted and earmarked for the funding of Public Improvements as described herein and the Redeveloper does not have discretionary judgment over the application of said grant funds.
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Priority of Expenditures. TIF Proceeds from the issuance of TIF Indebtedness shall be expended in the following priority in accordance with those cost estimates listed on Exhibit C. FIRST TIF PRIORITY EXPENSE: Reimburse the Redeveloper TIF Admin. Fee, Bond Counsel fee, and the Redeveloper’s cost to record any attached Exhibits. SECOND TIF PRIORITY EXPENSE: Grant to City in the amount of up to $1,500,000 of the TIF Bond Proceeds for City Public Improvements. THIRD TIF PRIORITY EXPENSE: Payment of grant or grants to reimburse Redeveloper for all or a portion of the Site Acquisition costs in an amount not to exceed $4,515,889.00. The Third Priority Item is hereinafter referred to as the “Redeveloper Priority Expenses.” Except costs incurred for Site Acquisition, only costs for TIF Priority Expenses incurred after the date of this Agreement shall be eligible for reimbursement as TIF Priority Expenses under this Section. The funds granted to Redeveloper are restricted solely for the reimbursement of eligible costs of TIF Priority Expenses as described herein, and the Redeveloper shall not have discretionary judgment over the application of said grant funds. The City shall not have any obligation to make a grant to reimburse the Redeveloper for the Third Priority Expenses in excess of the available TIF Bond Proceeds remaining after the First and Second TIF Priority Expenses are paid in full. The City may, however, increase the grant to Redeveloper for the purpose of Third Priority Expenses using TIF Bond Proceeds not otherwise required by the City for Second Priority Expenses.
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Related to Priority of Expenditures

  • Advancement and Repayment of Expenses Subject to Section 4 hereof, the Expenses incurred by Indemnitee in defending and investigating any Proceeding shall be paid by the Company in advance of the final disposition of such Proceeding within 30 days after receiving from Indemnitee the copies of invoices presented to Indemnitee for such Expenses, if Indemnitee shall provide an undertaking to the Company to repay such amount to the extent it is ultimately determined that Indemnitee is not entitled to indemnification. In determining whether or not to make an advance hereunder, the ability of Indemnitee to repay shall not be a factor. Notwithstanding the foregoing, in a proceeding brought by the Company directly, in its own right (as distinguished from an action bought derivatively or by any receiver or trustee), the Company shall not be required to make the advances called for hereby if the Board of Directors determines, in its sole discretion, that it does not appear that Indemnitee has met the standards of conduct which make it permissible under applicable law to indemnify Indemnitee and the advancement of Expenses would not be in the best interests of the Company and its stockholders.

  • Mandatory Advancement of Expenses Subject to Section 8(a) below, the Company shall advance all expenses incurred by the Indemnitee in connection with the investigation, defense, settlement or appeal of any proceeding to which the Indemnitee is a party or is threatened to be made a party by reason of the fact that the Indemnitee is or was an agent of the Company. Indemnitee hereby undertakes to repay such amounts advanced only if, and to the extent that, it shall be determined ultimately that the Indemnitee is not entitled to be indemnified by the Company as authorized hereby. The advances to be made hereunder shall be paid by the Company to the Indemnitee within twenty (20) days following delivery of a written request therefor by the Indemnitee to the Company.

  • Repayment of Expenses Indemnitee shall reimburse the Company for all reasonable expenses paid by the Company in defending any Proceeding against Indemnitee in the event and only to the extent that it shall be ultimately determined that Indemnitee is not entitled to be indemnified by the Company for such expenses under the provisions of this Agreement.

  • Payment and Reimbursement of Expenses The Company, whether or not the transactions contemplated hereunder are consummated or this Agreement is terminated, will pay or cause to be paid (A) all expenses (including transfer taxes allocated to the respective transferees) incurred in connection with the delivery to the Underwriters of the Securities, (B) all expenses and fees (including, without limitation, fees and expenses of the Company’s accountants and counsel but, except as otherwise provided below, not including fees of the Underwriters’ counsel) in connection with the preparation, printing, filing, delivery, and shipping of the Registration Statement (including the financial statements therein and all amendments, schedules, and exhibits thereto), the Securities, each Preliminary Prospectus, the Disclosure Package, the Prospectus, any issuer free writing prospectus and any amendment thereof or supplement thereto, and the printing, delivery, and shipping of this Agreement and other underwriting documents, including Blue Sky Memoranda (covering the states and other applicable jurisdictions), (C) all filing fees incurred in connection with the qualification of the Securities for offering and sale by the Underwriters or by dealers under the securities or blue sky laws of the states and other jurisdictions which the Underwriters shall designate, (D) the fees and expenses of the Warrant Agent and transfer agent or registrar, (E) the filing fees incident to any required review and approval by FINRA of the terms of the sale of the Securities, (F) listing fees, if any, (G) the cost and expenses of the Company relating to investor presentations or any “roadshow” undertaken in connection with marketing of the Securities, (H) all reasonable, out-of-pocket, accountable expenses of the Underwriters (including but not limited to reasonable out-of-pocket accountable fees and disbursements of the Underwriters’ counsel and the Underwriters’ reasonable travel and related expenses and) incurred in connection with the Underwriters’ investigation of the Company, preparing to market and marketing the Securities, sale of the Securities or in contemplation of performing its obligations hereunder, which the Company shall pay to the Underwriters from time to time promptly upon request of the Representative and the amount of which shall not exceed $100,000, in the aggregate for legal fees and expenses and all other reimbursable expenses incurred by the Underwriters in connection with their obligations hereunder, without the written prior approval of the Company, which approval shall not be unreasonably withheld, and (I) all other costs and expenses of the Company incident to the performance of its obligations hereunder that are not otherwise specifically provided for herein.

  • Prepayment of Expenses The Company shall pay the expenses (including attorneys’ fees) actually and reasonably incurred by an Indemnified Person in connection with any Proceeding in advance of its final disposition; provided, however, that such payment of expenses in advance of the final disposition of the Proceeding shall be made only upon receipt of an undertaking by the Indemnified Person to repay all amounts advanced if it should be ultimately determined that the Indemnified Person is not entitled to be indemnified under this Section 8.1 or otherwise.

  • Advancement of Expenses and Costs Subject to the exceptions set forth in Section 10 hereof, all reasonable costs and expenses incurred by Indemnitee (including attorneys' fees, retainers and advances of disbursements required of Indemnitee) in defending a Proceeding shall be paid by the Corporation in advance of the final disposition of such Proceeding at the request of Indemnitee within 20 days after the receipt by the Corporation of a statement or statements from Indemnitee requesting such advance or advances from time to time. Indemnitee's entitlement to such costs and expenses shall include those incurred in connection with any proceeding by Indemnitee seeking an adjudication pursuant to this Agreement. Such statement or statements shall reasonably evidence the costs and expenses incurred by Indemnitee in connection therewith and shall include or be accompanied by a written undertaking by or on behalf of Indemnitee to repay such amount if it is ultimately determined that Indemnitee is not entitled to be indemnified against such costs and expenses by the Corporation as provided by this Agreement or otherwise.

  • Mandatory Payment of Expenses Notwithstanding any other provision of this Agreement other than Section 10 hereof, to the extent that Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in defense of any Claim, Indemnitee shall be indemnified against all Expenses incurred by Indemnitee in connection therewith.

  • Reimbursement of Expenses The Company shall reimburse Executive, upon presentation of proper expense statements, for all authorized, ordinary and necessary out-of-pocket expenses reasonably incurred by Executive during the Term in connection with the performance of his services pursuant to this Agreement hereunder in accordance with the Company’s expense reimbursement policy.

  • Advancement of Expenses To the extent not prohibited by law, the Company shall advance the expenses incurred by Indemnitee in connection with any proceeding, and such advancement shall be made within twenty (20) days after the receipt by the Company of a statement or statements requesting such advances (which shall include invoices received by Indemnitee in connection with such expenses but, in the case of invoices in connection with legal services, any references to legal work performed or to expenditures made that would cause Indemnitee to waive any privilege accorded by applicable law shall not be included with the invoice) and upon request of the Company, an undertaking to repay the advancement of expenses if and to the extent that it is ultimately determined by a court of competent jurisdiction in a final judgment, not subject to appeal, that Indemnitee is not entitled to be indemnified by the Company. Advances shall be unsecured, interest free and without regard to Indemnitee’s ability to repay the expenses. Advances shall include any and all expenses actually and reasonably incurred by Indemnitee pursuing an action to enforce Indemnitee’s right to indemnification under this Agreement, or otherwise and this right of advancement, including expenses incurred preparing and forwarding statements to the Company to support the advances claimed. Indemnitee acknowledges that the execution and delivery of this Agreement shall constitute an undertaking providing that Indemnitee shall, to the fullest extent required by law, repay the advance if and to the extent that it is ultimately determined by a court of competent jurisdiction in a final judgment, not subject to appeal, that Indemnitee is not entitled to be indemnified by the Company. The right to advances under this Section shall continue until final disposition of any proceeding, including any appeal therein. This Section 6 shall not apply to any claim made by Indemnitee for which indemnity is excluded pursuant to Section 10(b).

  • Payment of Expenses The Company hereby agrees to pay, to the extent not paid at Closing, all Company expenses incidental to the performance of the obligations of the Company under this Agreement, including but not limited to (i) the Company’s legal and accounting fees and disbursements, (ii) the preparation, printing, filing, mailing and delivery (including the payment of postage with respect to such mailing) of the Registration Statement, the Preliminary Sale Prospectus and the Prospectus, including any pre or post effective amendments or supplements thereto, and the printing and mailing of this Agreement and related documents, including the cost of all copies thereof and any amendments thereof or supplements thereto supplied to the Underwriters in quantities as may be required by the Underwriters, (iii) fees incurred in connection with conducting background checks of the Company’s management team, up to a maximum of $2,000 per principal or $20,000 in the aggregate, (iv) the preparation, printing, engraving, issuance and delivery of the Units, the Common Stock and the Warrants included in the Units, including any transfer or other taxes payable thereon, (v) filing fees incurred in registering the Offering with FINRA and the reasonable fees of counsel to the Representative not to exceed $15,000 in connection therewith, (vi) fees, costs and expenses incurred in listing the Securities on Nasdaq or such other stock exchanges as the Company and the Representative together determine, (vii) all fees and disbursements of the transfer and warrant agent, (viii) all of the Company’s expenses associated with “due diligence” and “road show” meetings arranged by the Representative and any presentations made available by way of a netroadshow, including without limitation trips for the Company’s management to meet with prospective investors, all travel, food and lodging expenses associated with such trips incurred by the Company or such management; (ix) $100,000 to Odeon for its services and expenses as the QIU; and (x) all other costs and expenses customarily borne by an issuer incidental to the performance of its obligations hereunder which are not otherwise specifically provided for in this Section 3.10. If the Offering is consummated, the Representative may deduct from the net proceeds of the Offering payable to the Company on the Closing Date the expenses set forth above (which shall be mutually agreed upon between the Company and the Representative prior to Closing) to be paid by the Company to the Representative and others. If the Offering is not consummated for any reason (other than a breach by the Representative of any of its obligations hereunder), then the Company shall reimburse the Representative in full for its out-of-pocket accountable expenses actually incurred through such date, including, without limitation, reasonable fees and disbursements of counsel to the Representative.

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