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.
Refinancing Limitations, Requirements and Conditions. Proposed Refinancings are subject to the following limitations, requirements and conditions precedent:
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. 4.4.3.1 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.
