Refinancing Limitations, Requirements and Conditions Sample Clauses

Refinancing Limitations, Requirements and Conditions. 4.4.3.1 If TxDOT renders any assistance or performs any requested activity in connection with a Refinancing apart from delivering a consent and estoppel certificate under Section 20.9 or any direct lender agreement pursuant to Section 20.9.4, then Developer shall reimburse TxDOT all TxDOT’s Recoverable Costs and other fees, costs and expenses TxDOT incurs in connection with rendering any such assistance or performing any such activity. Developer also shall reimburse TxDOT’s Recoverable Costs of assessing the Refinancing Gain and TxDOT’s share thereof, if any. If TxDOT delivers to Developer a written invoice therefor at least two Business Days prior to the scheduled date of closing, then Developer shall reimburse such costs at closing. If TxDOT does not deliver a written invoice at least two Business Days prior to closing, then it may deliver such invoice within 30 days after receiving notice of closing and Developer shall reimburse TxDOT for such costs within ten days after TxDOT delivered the invoice to Developer. If for any reason the Refinancing does not close, Developer shall reimburse such TxDOT’s Recoverable Costs and such other fees, costs and expenses within ten days after TxDOT delivers to Developer a written invoice therefor. 4.4.3.2 The Refinancing Gain shall be calculated after deducting payment of such TxDOT’s Recoverable Costs and such other fees and expenses, as well as Developer’s reasonable professional costs and expenses directly associated with the Refinancing.
Refinancing Limitations, Requirements and Conditions. Proposed Refinancings are subject to the following limitations, requirements and conditions precedent: 15.4.3.1 Other than an Exempt Refinancing and a Rescue Refinancing, no Refinancing is permitted prior to the Substantial Completion Date, except to the extent Developer demonstrates to the Department’s reasonable satisfaction that (a) the Committed Investment will continue to meet or exceed the minimum amount described in Section 13.2.1, and (b) the Refinancing will produce Refinancing Gain in which the Department will be entitled to a portion in accordance with this Section 15.4.3. 15.4.3.2 If the Department renders any assistance or performs any requested activity in connection with a Refinancing apart from delivering an estoppel certificate, then concurrently with, and as a condition precedent to Developer’s right to close a Refinancing, Developer shall reimburse the Department all Department’s Recoverable Costs that the Department incurs in connection therewith. The Department shall deliver to Developer a written invoice and demand therefor prior to the scheduled date of closing. If for any reason the Refinancing does not close, Developer shall reimburse such Department’s Recoverable Costs and such other fees, costs and expenses within [ten] days after the Department delivers to Developer a written invoice and demand therefor. 15.4.3.3 The Refinancing Gain will be calculated in accordance with Appendix
Refinancing Limitations, Requirements and Conditions. 4.4.3.1 If LAWA renders any assistance or performs any requested activity in connection with a Refinancing apart from delivering a consent and estoppel certificate under any Direct Agreement, then concurrently with close of the Refinancing, and as a condition precedent to Developer’s right to close the Refinancing, Developer shall reimburse LAWA all of LAWA’s Recoverable Costs incurred in connection with the Refinancing. XXXX will deliver to Developer a written invoice and demand before the scheduled date of closing. If for any reason the Refinancing does not close, Developer shall reimburse LAWA’s Recoverable Costs in connection with the proposed Refinancing within 10 days after LAWA delivers to Developer a written invoice and demand for such costs. 4.4.3.2 Developer shall bear all risks for any Refinancing that negatively affects its Equity IRR, Key Ratios or financial performance.
Refinancing Limitations, Requirements and Conditions. ‌ 13.4.3.1 Other than an Exempt Refinancing and a Rescue Refinancing, no Refinancing is permitted prior to the Substantial Completion Date, except to the extent Developer demonstrates to IFA’s reasonable satisfaction that (a) the Committed Investment will not decrease as a result of the Refinancing to a level below the level required by Section 13.6, and (b) the Refinancing will produce Refinancing Gain in which IFA will be entitled to a portion in accordance with Exhibit 14 (Calculation and Payment of Refinancing Gain).
Refinancing Limitations, Requirements and Conditions. Proposed Refinancings are subject to the following limitations, requirements and conditions precedent: 17.3.3.1 Refinancings other than Exempt Refinancings and Rescue Refinancings shall be subject to the Owner’s prior written approval in its reasonable discretion. Except to the extent approved by the Owner in its sole discretion, Developer must demonstrate that: (a) the Committed Equity Investment requirements under Section 15.3 will continue to be satisfied following the Refinancing; and (b) the Refinancing will not increase the amount of Lenders’ Liabilities by more than ten percent (10%).
Refinancing Limitations, Requirements and Conditions. 4.6.5.1 If Authority or GDOT renders any assistance or performs any requested activity in connection with a Refinancing, then Developer shall reimburse Authority all Authority Recoverable Costs that Authority or GDOT incurs in connection with rendering any such assistance or performing any such activity. 4.6.5.2 If Authority delivers to Developer an estimate of the Authority Recoverable Costs at least ten Business Days prior to the scheduled date of closing and a written invoice therefor at least two Business Days prior to the scheduled date of closing, then Developer shall reimburse such costs at closing. If Authority does not deliver an estimate and written invoice as specified, then it may deliver such invoice within 60 days after receiving notice of closing and Developer shall reimburse Authority for such costs within 15 days after Authority’s delivery of the invoice to Developer. 4.6.5.3 If for any reason the Refinancing does not close, Developer shall reimburse to Authority all Authority Recoverable Costs that Authority or GDOT incurred within 10 days after Authority delivers to Developer a written invoice therefor.

Related to Refinancing Limitations, Requirements and Conditions

  • CONDITIONS TO ALL BORROWINGS The obligations of the Lenders to make any Loan or issue any Letter of Credit, whether on or after the Closing Date, shall also be subject to the satisfaction of the following conditions precedent:

  • Actions to Satisfy Closing Conditions Each Party shall take all such actions as are within its power to control, and shall use its best efforts to cause other actions to be taken which are not within its power to control, so as to ensure compliance with any conditions set forth in this Agreement which are for the benefit of itself or any other Party.

  • Agreements and Conditions On or before the Closing Date, Seller shall have complied with and duly performed and satisfied in all material respects all agreements and conditions on its part to be complied with and performed by such date pursuant to this Agreement.

  • Documentation Requirements ODM shall pay the MCP after it receives sufficient documentation, as determined by ODM, detailing the MCP’s Ohio Medicaid-specific liability for the Annual Fee. The MCP shall provide documentation that includes the following: 1. Total premiums reported on IRS Form 8963;

  • Funding Requirements If Subrecipient receives funds pursuant to this Contract for more than one program, the funds received by Subrecipient for each program shall be expended only for that program, and Subrecipient shall not expend more funds for any program than are set forth in the Attachment C, Budget Schedule(s) for that program. Subrecipient shall operate continuously throughout the term of this Contract with at least the minimum number and type of staff and volunteers required for provision of the services described. Such staff and volunteers shall be qualified in accordance with all applicable statutes and regulations. Subrecipient agrees to submit to Administrator, upon request, a list of persons, including employees, subcontractors and volunteers, who are to provide such services, and any changes to said list, by name, title, professional degree, and experience.

  • Conditions to Obligations OF EACH PARTY TO EFFECT THE MERGER. The respective obligations of each party to this Agreement to effect the Merger shall be subject to the satisfaction at or prior to the Effective Time of the following conditions:

  • CONDITIONS TO LOANS The obligations of Lenders to make Loans are subject to satisfaction of all of the applicable conditions set forth below.

  • Additional Conditions to Revolving Loans If a Revolving Loan is requested, all conditions set forth in Section 2.1 shall have been satisfied.

  • Conditions to Xxxxx’x Obligations The obligations of Xxxxx hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by Xxxxx of a due diligence review satisfactory to Xxxxx in its reasonable judgment, and to the continuing satisfaction (or waiver by Xxxxx in its sole discretion) of the following additional conditions:

  • Restrictions and Conditions (a) Any book entries for the shares of Restricted Stock granted herein shall bear an appropriate legend, as determined by the Administrator in its sole discretion, to the effect that such shares are subject to restrictions as set forth herein and in the Plan. (b) Shares of Restricted Stock granted herein may not be sold, assigned, transferred, pledged or otherwise encumbered or disposed of by the Grantee prior to vesting. (c) If the Grantee’s employment with the Company and its Subsidiaries is voluntarily or involuntarily terminated for any reason (including death) prior to vesting of shares of Restricted Stock granted herein, all shares of Restricted Stock shall immediately and automatically be forfeited and returned to the Company.