Raising of Funds. 12.1 Whenever the Trustees require funding (over and above the Dividend Income received in respect of Unallocated Trust Shares as contemplated in 21) for the costs of the day-to-day operation and administration of the Trust, the Trustees shall – 12.1.1 advise the Board to that effect in writing; and 12.1.2 convene a meeting of Trustees at which the Board shall be represented in order to consider the appropriate method of raising the required funds. 12.2 The Trustees and the Board shall be entitled to consider and apply the following sources of funding to discharge the payment obligations of the Trust – 12.2.1 donations and contributions by the Founder to the Trust; 12.2.2 loans advanced by the Founder, or any Member of the Founder Group, to the Trust; and 12.2.3 any other method or source of funding recommended by the Board from time to time, 12.3 The Trustees and the Board shall consult in a bona fide manner on the most appropriate way of raising funds, but in the event of the Board and the Trustees not reaching agreement on the matter, a written instruction from the Board shall prevail. For the avoidance of doubt, the Trustees shall not be entitled to raise funds in any manner whatsoever, unless the manner and extent thereof has been approved by Board.

Raising of Funds. (b) The PURCHASER(S) hereby declare/s and confirm/s that the PROMOTER has prior to the execution hereof, specifically informed the PURCHASER(S) that: (i) The PROMOTER may have an arrangement with certain banks and financial institutions (hereinafter collectively referred to “the said Banks”), under which the said Bank would grant a line of credit to the PROMOTER to facilitate development of projects undertaken and carried on by it, and as security for repayment of loans which may be advanced to the PROMOTER by the said Bank, the PROMOTER creates or causes to be created mortgages/charges on the lands and construction thereon in favour of the said Banks, and the securities created in favour of the said Banks are substituted from time to time; (ii) The title deeds relating to said Property described in the First Schedule hereunder written may have been deposited with the said Banks as security (along with other securities) for repayment of the loans already advanced and which may be advanced hereafter by the said Banks to the PROMOTER under the said line of credit arrangement; and (iii) The PROMOTER has prior to the execution hereof, caused the said Banks to release the said Apartment from the aforesaid security created in their favour. The PROMOTER specifically reserves the right to offer and to create charge on Complex (except the said Apartment) for obtaining development, construction and other finance from credit/financial institution, bank or other person/body that has already or may hereafter advance credit, finance or loans to the PROMOTER and the PURCHASER(S) has/ have given and granted his/her/ their/its specific and unqualified consent and permission (d) to the PROMOTER for doing the same. PURCHASER(S) whenever asked in support of by the PROMOTER in this regard, shall give and grant to the PROMOTER, his/her/their/its specific, full, free and unqualified consent and permission for doing the same and strict compliance of this condition on the part of the PURCHASER(S) shall be of the essence of allotment of the said Apartment. Failure on the part of the PURCHASER(S) to implement and comply with this essential condition will be treated as a breach of this Agreement and the PROMOTER shall thereupon be entitled to cancel and terminate this Agreement.

Raising of Funds. A. Funds may be raised by any manner approved by the Board of Directors.

Raising of Funds. 1. NEFCO may raise funds in the currency of the Republic of Moldova by issuing bonds, notes or any other financial instruments in accordance with the laws of the Republic of Moldova, for public or private placement in the Republic of Moldova and abroad. 2. Financial instruments issued by NEFCO in the Republic of Moldova shall, in respect of (i) risk weighting of assets for capital adequacy purposes for banks and in relation to similar requirements on insurance companies, (ii) eligibility for repo operations and other transactions with the Central Bank of the Republic of Moldova, and (iii) in relation to other investments or transactions which require special approval from the authorities of the Republic of Moldova be treated in a manner

Raising of Funds. It is the understanding of the parties that among other things, this transaction is contingent upon completion of an offering of shares of common stock of the Company by filing a registration statement on Form SB-2 with the SEC. If at least a net of$12,000,000.00 is not raised in this offering on or before November 29, 2002, or on or before a date agreed upon by the Parties hereto, no share exchange will take place and no party shall have any further liability or obligation to any other party herein. In the event that at least a net of $12,000,000.00 is raised hereunder, within thirty days after such funds are raised, the share exchange will take place, the funds will be disbursed by the escrow agent to the Company and the required documents will be filed with the SEC and the National Association of Securities Dealers. The number of shares to be sold and the offering price per share for the offering will be determined by the Company.

Raising of Funds. The Purchaser(s) hereby authorizes and permits THDCL to raise finance / loan from many Financial Institution / Bank by way of mortgage / charge / securitization of receivables of his / her/their said Premises subject to the said Premises being free of any encumbrance at the time of execution of Conveyance Deed. THDCL / Financial Institution / Bank shall always have the first lien / charge on the said Premises for all dues and other sums payable by the Purchaser(s) or in respect of the loan granted for the purpose of the construction of the said Premises / Building / Complex. In case of the Purchaser(s) who have opted for long term payment plan arrangement with any Financial Institutions / Banks, the conveyance of the said Premises in favour of the Purchaser(s) shall be executed only upon THDCL receiving No Objection Certificate from such Financial Institutions / Banks.

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Commingling of Funds So long as the Company is Servicer, any collections in respect of Contracts collected by the Company shall, prior to the deposit thereof in the Certificate Account, be held in bank accounts entitled substantially as follows: "[name of depository], as agent for U.S. Bank National Association as Trustee, other trustees, and Green Tree Financial Corporation, as their interests may appear."
Investment of Funds NCPS will not commingle Escrow Funds received by it in escrow with funds of others and shall not invest such Escrow Funds. The Escrow Funds will be held in a non-interest bearing account.
Payment of Funds No federal appropriated funds have been paid or will be paid by or on behalf of the parties to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
Return of Funds Contractor will return any overpayments due to unearned funds or funds disallowed pursuant to the terms of the Contract that were disbursed to the Contractor. The Contractor must return any overpayment within forty (40) calendar days after either discovery by the Contractor, its independent auditor, or notification by the Department or Customer of the overpayment.
Release of Funds On the Redemption Date, the outstanding Note Balance of the Notes plus accrued and unpaid interest on the Notes will become due and payable and that interest on the Notes will cease to accrue from and after the Redemption Date, unless the Issuer fails to pay the Notes on the Redemption Date. On redemption, the Indenture Trustee will release the Collateral from the Lien of this Indenture and release to the Issuer or any other Person entitled to funds then in the Bank Accounts under this Indenture according to Section 8.4(c).
Disbursement of Funds (a) No later than 2:00 p.m. (New York City time) on the date specified in each Notice of Borrowing (including Mandatory Borrowings), each Lender made available its pro rata portion, if any, of each Borrowing requested to be made on such date in the manner provided below; provided that on the Original Closing Date, such funds were made available at such earlier time as may be agreed among the Lenders, the Borrower and the Administrative Agent for the purpose of consummating the Transactions; provided further that all Swingline Loans shall be made available to the Borrower in the full amount thereof by the Swingline Lender no later than 4:00 p.m. (New York City time) on the date requested. (b) Each Lender shall make available all amounts it is to fund to the Borrower under any Borrowing for its applicable Commitments, and in immediately available funds to the Administrative Agent at the Administrative Agent’s Office and the Administrative Agent will (except in the case of Mandatory Borrowings and Borrowings to repay Unpaid Drawings) make available to the Borrower, by depositing to an account designated by the Borrower to the Administrative Agent the aggregate of the amounts so made available in the applicable currency. Unless the Administrative Agent shall have been notified by any Lender prior to the date of any such Borrowing that such Lender does not intend to make available to the Administrative Agent its portion of the Borrowing or Borrowings to be made on such date, the Administrative Agent may assume that such Lender has made such amount available to the Administrative Agent on such date of Borrowing, and the Administrative Agent, in reliance upon such assumption, may (in its sole discretion and without any obligation to do so) make available to the Borrower a corresponding amount. If such corresponding amount is not in fact made available to the Administrative Agent by such Lender and the Administrative Agent has made available such amount to the Borrower, the Administrative Agent shall be entitled to recover such corresponding amount from such Lender. If such Lender does not pay such corresponding amount forthwith upon the Administrative Agent’s demand therefor the Administrative Agent shall promptly notify the Borrower and the Borrower shall immediately pay such corresponding amount to the Administrative Agent in the applicable currency. The Administrative Agent shall also be entitled to recover from such Lender or the Borrower interest on such corresponding amount in respect of each day from the date such corresponding amount was made available by the Administrative Agent to the Borrower to the date such corresponding amount is recovered by the Administrative Agent, at a rate per annum equal to (i) if paid by such Lender, the Overnight Rate or (ii) if paid by the Borrower, the then-applicable rate of interest or fees, calculated in accordance with Section 2.8, for the respective Loans. (c) Nothing in this Section 2.4 shall be deemed to relieve any Lender from its obligation to, fulfill its commitments hereunder or to prejudice any rights that the Borrower may have against any Lender as a result of any default by such Lender hereunder (it being understood, however, that no Lender shall be responsible for the failure of any other Lender to fulfill its commitments hereunder).
Repayment of Funds If AMO declares that an Event of Default has not been cured to its exclusive satisfaction, AMO reserves the right to declare that prior payments of Funds become a debt to Canada which the Recipient will reimburse forthwith on demand to AMO for transmission to Canada.
Source of Funds Each Purchaser severally represents that at least one of the following statements is an accurate representation as to each source of funds (a “Source”) to be used by such Purchaser to pay the purchase price of the Notes to be purchased by such Purchaser hereunder: (a) the Source is an “insurance company general account” (as the term is defined in the United States Department of Labor’s Prohibited Transaction Exemption (“PTE”) 95-60) in respect of which the reserves and liabilities (as defined by the annual statement for life insurance companies approved by the NAIC (the “NAIC Annual Statement”)) for the general account contract(s) held by or on behalf of any employee benefit plan together with the amount of the reserves and liabilities for the general account contract(s) held by or on behalf of any other employee benefit plans maintained by the same employer (or affiliate thereof as defined in PTE 95-60) or by the same employee organization in the general account do not exceed 10% of the total reserves and liabilities of the general account (exclusive of separate account liabilities) plus surplus as set forth in the NAIC Annual Statement filed with such Purchaser’s state of domicile; or (b) the Source is a separate account that is maintained solely in connection with such Purchaser’s fixed contractual obligations under which the amounts payable, or credited, to any employee benefit plan (or its related trust) that has any interest in such separate account (or to any participant or beneficiary of such plan (including any annuitant)) are not affected in any manner by the investment performance of the separate account; or (c) the Source is either (i) an insurance company pooled separate account, within the meaning of PTE 90-1 or (ii) a bank collective investment fund, within the meaning of the PTE 91-38 and, except as disclosed by such Purchaser to the Company in writing pursuant to this clause (c), no employee benefit plan or group of plans maintained by the same employer or employee organization beneficially owns more than 10% of all assets allocated to such pooled separate account or collective investment fund; or (d) the Source constitutes assets of an “investment fund” (within the meaning of Part VI of PTE 84-14 (the “QPAM Exemption”)) managed by a “qualified professional asset manager” or “QPAM” (within the meaning of Part VI of the QPAM Exemption), no employee benefit plan’s assets that are managed by the QPAM in such investment fund, when combined with the assets of all other employee benefit plans established or maintained by the same employer or by an affiliate (within the meaning of Part VI(c)(1) of the QPAM Exemption) of such employer or by the same employee organization and managed by such QPAM, represent more than 20% of the total client assets managed by such QPAM, the conditions of Part I(c) and (g) of the QPAM Exemption are satisfied, neither the QPAM nor a person controlling or controlled by the QPAM maintains an ownership interest in the Company that would cause the QPAM and the Company to be “related” within the meaning of Part VI(h) of the QPAM Exemption and (i) the identity of such QPAM and (ii) the names of any employee benefit plans whose assets in the investment fund, when combined with the assets of all other employee benefit plans established or maintained by the same employer or by an affiliate (within the meaning of Part VI(c)(1) of the QPAM Exemption) of such employer or by the same employee organization, represent 10% or more of the assets of such investment fund, have been disclosed to the Company in writing pursuant to this clause (d); or (e) the Source constitutes assets of a “plan(s)” (within the meaning of Part IV(h) of PTE 96-23 (the “INHAM Exemption”)) managed by an “in-house asset manager” or “INHAM” (within the meaning of Part IV(a) of the INHAM Exemption), the conditions of Part I(a), (g) and (h) of the INHAM Exemption are satisfied, neither the INHAM nor a person controlling or controlled by the INHAM (applying the definition of “control” in Part IV(d)(3) of the INHAM Exemption) owns a 10% or more interest in the Company and (i) the identity of such INHAM and (ii) the name(s) of the employee benefit plan(s) whose assets constitute the Source have been disclosed to the Company in writing pursuant to this clause (e); or (f) the Source is a governmental plan; or (g) the Source is one or more employee benefit plans, or a separate account or trust fund comprised of one or more employee benefit plans, each of which has been identified to the Company in writing pursuant to this clause (g); or (h) the Source does not include assets of any employee benefit plan, other than a plan exempt from the coverage of ERISA. As used in this Section 6.2, the terms “employee benefit plan,” “governmental plan,” and “separate account” shall have the respective meanings assigned to such terms in section 3 of ERISA.
Limitation of Funds In no case shall the Government’s financial liability exceed the amount obligated under this Agreement.
Collection of Funds Except as permitted under this Indenture, the Indenture Trustee may demand payment or delivery of, and will receive and collect, directly the funds and other property payable to or to be received by the Indenture Trustee under this Indenture and the Sale and Servicing Agreement. The Indenture Trustee will apply the funds and other property received by it, and will make deposits to, and distributions from, the Bank Accounts, under this Indenture and the Sale and Servicing Agreement.

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