Required Reports and Report Submission Dates. The Allocatee is required to prepare and submit reports and surveys, as described, detailed and scheduled in the Allocation Agreement. Reporting requirements will include information on uses of the NMTC Allocation and additional information as determined necessary by the CDFI Fund. The CDFI Fund may engage in additional due diligence, including background checks on principals and key staff persons of the applicant and its affiliated entities. If, prior to entering into an Allocation Agreement with the Allocatee, (A) information comes to the attention of the CDFI Fund that either (i) affects the Allocatee's eligibility for a NMTC Allocation, (ii) the CDFI Fund's evaluation of the Allocatee's Allocation Application (including administrative error), (iii) the Allocatee’s financial condition, or (iv) the Allocatee’s ability to carry out the terms and conditions of the Allocation Agreement; or (B) the CDFI Fund obtains information regarding fraud or mismanagement on the part of the Allocatee or the Controlling Entity, if such fraud or mismanagement by the Controlling Entity would hinder the Allocatee’s ability to perform under the Allocation Agreement, the CDFI Fund, in its sole discretion and without advance notice, may terminate this Notice of Allocation, and shall have no further obligation or responsibility hereunder, nor shall the CDFI Fund be obligated to enter into an Allocation Agreement with, or provide a NMTC Allocation to, the Allocatee. Moreover, by accepting this Notice of Allocation, the Allocatee agrees that if the CDFI Fund determines, at any time after the date of this Notice of Allocation and prior to the execution of the Allocation Agreement, that the Allocatee or an entity that controls the Allocatee, is controlled by the Allocatee or shares common management officials with the Allocatee (as determined by the CDFI Fund), is not in compliance with the terms of any previous Allocation Agreement, Assistance Agreement or Award Agreement entered into with the CDFI Fund, the CDFI Fund may, in its sole discretion and without advance notice, terminate and rescind the award notification made under the NOAA without further obligation or responsibility hereunder or, alternatively, elect not to enter into an Allocation Agreement pursuant to the NOAA until such time as the CDFI Fund determines, in its sole discretion, that the Allocatee or an entity that controls the Allocatee, is controlled by the Allocatee or shares common management officials with the Allocatee (as determined by the CDFI Fund), is in compliance with the terms of any previous Allocation Agreement, Assistance Agreement or Award Agreement with the CDFI Fund. Please note that failure to meet the terms and conditions of the Allocation Agreement can constitute an event of default thereunder and may cause the CDFI Fund to impose one or more sanctions, set forth in the Allocation Agreement, which may include, among other possible sanctions, the CDFI Fund's reallocation of any unused NMTC Allocations provided to the Allocatee.
Appears in 2 contracts
Samples: Allocation Agreement, Allocation Agreement
Required Reports and Report Submission Dates. The Allocatee is required to prepare and submit reports and surveys, as described, detailed and scheduled in the Allocation Agreement. Reporting requirements will include information on uses of the NMTC Allocation and additional information as determined necessary by the CDFI Fund. The CDFI Fund may engage in additional due diligence, including background checks on principals and key staff persons of the applicant and its affiliated entities. If, prior to entering into an Allocation Agreement with the Allocatee, (A) information comes to the attention of the CDFI Fund that either (i) affects the Allocatee's eligibility for a NMTC Allocation, (ii) the CDFI Fund's evaluation of the Allocatee's Allocation Application (including administrative error), (iii) the Allocatee’s financial condition, or (iv) the Allocatee’s ability to carry out the terms and conditions of the Allocation Agreement; or (B) the CDFI Fund obtains information regarding fraud or mismanagement on the part of the Allocatee or the Controlling Entity, if such fraud or mismanagement by the Controlling Entity would hinder the Allocatee’s ability to perform under the Allocation Agreement, the CDFI Fund, in its sole discretion and without advance notice, may terminate this Notice of Allocation, and shall have no further obligation or responsibility hereunder, nor shall the CDFI Fund be obligated to enter into an Allocation Agreement with, or provide a NMTC Allocation to, the Allocatee. Moreover, by accepting this Notice of Allocation, the Allocatee agrees that if the CDFI Fund determines, at any time after the date of this Notice of Allocation and prior to the execution of the Allocation Agreement, that the Allocatee or an entity that controls the Allocatee, is controlled by the Allocatee or shares common management officials with the Allocatee (as determined by the CDFI Fund), is not in compliance with the terms of any previous Allocation Agreement, Assistance Agreement or Award Agreement entered into with the CDFI Fund, the CDFI Fund may, in its sole discretion and without advance notice, terminate and rescind the award notification made under the NOAA this Allocation without further obligation or responsibility hereunder orhereunder. The Allocatee also agrees and understands that if it or an entity that controls the Allocatee, alternativelyis controlled by the Allocatee or shares common management officials with the Allocatee (as determined by the CDFI Fund), is not in compliance with the terms of any previous Allocation Agreement, Assistance Agreement or Award Agreement entered into with the CDFI Fund, the CDFI Fund may, in its sole discretion, alternatively elect not to enter into an Allocation Agreement pursuant to the NOAA this Notice of Allocation, or provide a NMTC Allocation pursuant to this Notice of Allocation until such time as the CDFI Fund determines, in its sole discretion, that the Allocatee or an entity that controls the Allocatee, is controlled by the Allocatee or shares common management officials with the Allocatee (as determined by the CDFI Fund), is in compliance with the terms of any previous Allocation Agreement, Assistance Agreement or Award Agreement with the CDFI Fund. Please note that failure to meet the terms and conditions of the Allocation Agreement can constitute an event of default thereunder and may cause the CDFI Fund to impose one or more sanctions, set forth in the Allocation Agreement, which may include, among other possible sanctions, the CDFI Fund's reallocation of any unused NMTC Allocations provided to the Allocatee.
Appears in 2 contracts
Samples: Allocation Agreement, Allocation Agreement
Required Reports and Report Submission Dates. The Allocatee is required to prepare and submit reports and surveys, as described, detailed and scheduled in the Allocation Agreement. Reporting requirements will include information on uses of the NMTC Allocation and additional information as determined necessary by the CDFI Fund. The CDFI Fund may engage in additional due diligence, including background checks on principals and key staff persons of the applicant and its affiliated entities. If, prior to entering into an Allocation Agreement with the Allocatee, (A) information comes to the attention of the CDFI Fund that either (i) affects the Allocatee's eligibility for a NMTC Allocation, (ii) the CDFI Fund's evaluation of the Allocatee's Allocation Application (including administrative error), (iii) the Allocatee’s financial condition, or (iv) the Allocatee’s ability to carry out the terms and conditions of the Allocation Agreement; or (B) the CDFI Fund obtains information regarding fraud or mismanagement on the part of the Allocatee or the Controlling Entity, if such fraud or mismanagement by the Controlling Entity would hinder the Allocatee’s ability to perform under the Allocation Agreement, the CDFI Fund, in its sole discretion and without advance notice, may terminate this Notice of Allocation, and shall have no further obligation or responsibility hereunder, nor shall the CDFI Fund be obligated to enter into an Allocation Agreement with, or provide a NMTC Allocation to, the Allocatee. Moreover, by accepting this Notice of Allocation, the Allocatee agrees that if the CDFI Fund determines, at any time after the date of this Notice of Allocation and prior to the execution of the Allocation Agreement, that the Allocatee or an entity that controls the Allocatee, is controlled by the Allocatee or shares common management officials with the Allocatee (as determined by the CDFI Fund), is not in compliance with the terms of any previous Allocation Agreement, Assistance Agreement or Award Agreement entered into with the CDFI Fund, the CDFI Fund may, in its sole discretion and without advance notice, terminate and rescind the award notification made under the NOAA this Allocation without further obligation or responsibility hereunder orhereunder. The Allocatee also agrees and understands that if it or an entity that controls the Allocatee, alternativelyis controlled by the Allocatee or shares common management officials with the Allocatee (as determined by the CDFI Fund), is not in compliance with the terms of any previous Allocation Agreement, Assistance Agreement or Award Agreement entered into with the CDFI Fund, the CDFI Fund may, in its sole discretion, alternatively elect not to enter into an Allocation Agreement pursuant to the NOAA this Notice of Allocation, or provide a NMTC Allocation pursuant to this Notice of Allocation until such time as the CDFI Fund determines, in its sole discretion, that the Allocatee or an entity that controls the Allocatee, is controlled by the Allocatee or shares common management officials with the Allocatee (as determined by the CDFI Fund), is in compliance with the terms of any previous Allocation Agreement, Assistance Agreement or Award Agreement with the CDFI Fund. Please note that failure to meet the terms and conditions of the Allocation Agreement can constitute an event of default thereunder and may cause the CDFI Fund to impose one or more sanctions, set forth in the Allocation Agreement, which may include, among other possible sanctions, the CDFI Fund's reallocation of any unused NMTC Allocations provided to the Allocatee.
Appears in 1 contract
Samples: Allocation Agreement
Required Reports and Report Submission Dates. The Allocatee is will be required to prepare and submit reports and surveys, as described, detailed and scheduled in the Allocation Agreement. Reporting requirements will include information on uses of the NMTC Allocation and additional information as determined necessary by the CDFI Fund. The CDFI Fund may engage in additional due diligence, including background checks on principals and key staff persons of the applicant and its affiliated entities. If, prior to entering into an Allocation Agreement with the Allocatee, (A) information comes to the attention of the CDFI Fund that either (i) affects the Allocatee's eligibility for a NMTC Allocation, (ii) Allocation or the CDFI Fund's evaluation of the Allocatee's Allocation Application allocation application (including administrative error), (iii) the Allocatee’s financial condition, or (iv) the Allocatee’s ability to carry out the terms and conditions of the Allocation Agreement; or (B) the CDFI Fund obtains information regarding fraud or mismanagement on the part of the Allocatee or the Controlling Entity, if such fraud or mismanagement by the Controlling Entity would hinder the Allocatee’s ability to perform under the Allocation Agreement, the CDFI Fund, in its sole discretion and without advance notice, may terminate this Notice of Allocation, and shall have no further obligation or responsibility hereunder, nor shall the CDFI Fund be obligated to enter into an Allocation Agreement with, or provide a NMTC Allocation to, the Allocatee. Moreover, by accepting this Notice of Allocation, the Allocatee agrees that if the CDFI Fund determines, at any time after the date of this Notice of Allocation and prior to the execution of the Allocation Agreement, that the Allocatee or an entity that controls the Allocatee, is controlled by the Allocatee or shares common management officials with the Allocatee (as determined by the CDFI Fund), is not in compliance with the terms of any previous Allocation Agreement, Assistance Agreement or Award Agreement entered into with the CDFI Fund, the CDFI Fund may, in its sole discretion and without advance notice, terminate and rescind the award notification made under the NOAA this Allocation without further obligation or responsibility hereunder orhereunder. The Allocatee also agrees and understands that if it or an entity that controls the Allocatee, alternativelyis controlled by the Allocatee or shares common management officials with the Allocatee (as determined by the CDFI Fund), is not in compliance with the terms of any previous Allocation Agreement, Assistance Agreement or Award Agreement entered into with the CDFI Fund, the CDFI Fund may, in its sole discretion, alternatively elect not to enter into an Allocation Agreement pursuant to the NOAA this Notice of Allocation, or provide a NMTC Allocation pursuant to this Notice of Allocation until such time as the CDFI Fund determines, in its sole discretion, that the Allocatee or an entity that controls the Allocatee, is controlled by the Allocatee or shares common management officials with the Allocatee (as determined by the CDFI Fund), is in compliance with the terms of any previous Allocation Agreement, Assistance Agreement or Award Agreement with the CDFI Fund. Please note that failure to meet the terms and conditions of the Allocation Agreement can constitute an event of default thereunder and may cause the CDFI Fund to impose one or more sanctions, set forth in the Allocation Agreement, which may include, among other possible sanctions, the CDFI Fund's reallocation of any unused NMTC Allocations provided to the Allocatee.
Appears in 1 contract
Samples: Allocation Agreement
Required Reports and Report Submission Dates. The Allocatee is will be required to prepare and submit reports and surveys, as described, detailed and scheduled in the Allocation Agreement. Reporting requirements will include information on uses of the NMTC Allocation and additional information as determined necessary by the CDFI Fund. The CDFI Fund may engage in additional due diligence, including background checks on principals and key staff persons of the applicant and its affiliated entities. If, prior to entering into an Allocation Agreement with the Allocatee, (A) information comes to the attention of the CDFI Fund that either (i) affects the Allocatee's eligibility for a NMTC Allocation, (ii) Allocation or the CDFI Fund's evaluation of the Allocatee's Allocation Application (including administrative error), (iii) the Allocatee’s financial condition, or (iv) the Allocatee’s ability to carry out the terms and conditions of the Allocation Agreement; or (B) the CDFI Fund obtains information regarding fraud or mismanagement on the part of the Allocatee or the Controlling Entity, if such fraud or mismanagement by the Controlling Entity would hinder the Allocatee’s ability to perform under the Allocation Agreement, the CDFI Fund, in its sole discretion and without advance notice, may terminate this Notice of Allocation, and shall have no further obligation or responsibility hereunder, nor shall the CDFI Fund be obligated to enter into an Allocation Agreement with, or provide a NMTC Allocation to, the Allocatee. Moreover, by accepting this Notice of Allocation, the Allocatee agrees that if the CDFI Fund determines, at any time after the date of this Notice of Allocation and prior to the execution of the Allocation Agreement, that the Allocatee or an entity that controls the Allocatee, is controlled by the Allocatee or shares common management officials with the Allocatee (as determined by the CDFI Fund), is not in compliance with the terms of any previous Allocation Agreement, Assistance Agreement or Award Agreement entered into with the CDFI Fund, the CDFI Fund may, in its sole discretion and without advance notice, terminate and rescind the award notification made under the NOAA this Allocation without further obligation or responsibility hereunder orhereunder. The Allocatee also agrees and understands that if it or an entity that controls the Allocatee, alternativelyis controlled by the Allocatee or shares common management officials with the Allocatee (as determined by the CDFI Fund), is not in compliance with the terms of any previous Allocation Agreement, Assistance Agreement or Award Agreement entered into with the CDFI Fund, the CDFI Fund may, in its sole discretion, alternatively elect not to enter into an Allocation Agreement pursuant to the NOAA this Notice of Allocation, or provide a NMTC Allocation pursuant to this Notice of Allocation until such time as the CDFI Fund determines, in its sole discretion, that the Allocatee or an entity that controls the Allocatee, is controlled by the Allocatee or shares common management officials with the Allocatee (as determined by the CDFI Fund), is in compliance with the terms of any previous Allocation Agreement, Assistance Agreement or Award Agreement with the CDFI Fund. Please note that failure to meet the terms and conditions of the Allocation Agreement can constitute an event of default thereunder and may cause the CDFI Fund to impose one or more sanctions, set forth in the Allocation Agreement, which may include, among other possible sanctions, the CDFI Fund's reallocation of any unused NMTC Allocations provided to the Allocatee.
(a) ELIGIBLE ACTIVITIES Investments in, or loans to, QALICBs whose principal activities involve the development or rehabilitation of real estate. Investments in, or loans to, other CDEs. Purchase of loans from other CDEs. Financial Counseling and Other Services. Section 3.2(b): SERVICE AREA Section 3.2(c): SUBSIDIARY ALLOCATEES Section 3.2(d): UNRELATED ENTITIES Unrelated Entities Clause: Applicable Not Applicable
Appears in 1 contract
Samples: Allocation Agreement
Required Reports and Report Submission Dates. The Allocatee is will be required to prepare and submit reports and surveys, as described, detailed and scheduled in the Allocation Agreement. Reporting requirements will include information on uses of the NMTC Allocation and additional information as determined necessary by the CDFI Fund. The CDFI Fund may engage in additional due diligence, including background checks on principals and key staff persons of the applicant and its affiliated entities. If, prior to entering into an Allocation Agreement with the Allocatee, (A) information comes to the attention of the CDFI Fund that either (i) affects the Allocatee's eligibility for a NMTC Allocation, (ii) Allocation or the CDFI Fund's evaluation of the Allocatee's Allocation Application (including administrative error), (iii) the Allocatee’s financial condition, or (iv) the Allocatee’s ability to carry out the terms and conditions of the Allocation Agreement; or (B) the CDFI Fund obtains information regarding fraud or mismanagement on the part of the Allocatee or the Controlling Entity, if such fraud or mismanagement by the Controlling Entity would hinder the Allocatee’s ability to perform under the Allocation Agreement, the CDFI Fund, in its sole discretion and without advance notice, may terminate this Notice of Allocation, and shall have no further obligation or responsibility hereunder, nor shall the CDFI Fund be obligated to enter into an Allocation Agreement with, or provide a NMTC Allocation to, the Allocatee. Moreover, by accepting this Notice of Allocation, the Allocatee agrees that if the CDFI Fund determines, at any time after the date of this Notice of Allocation and prior to the execution of the Allocation Agreement, that the Allocatee or an entity that controls the Allocatee, is controlled by the Allocatee or shares common management officials with the Allocatee (as determined by the CDFI Fund), is not in compliance with the terms of any previous Allocation Agreement, Assistance Agreement or Award Agreement entered into with the CDFI Fund, the CDFI Fund may, in its sole discretion and without advance notice, terminate and rescind the award notification made under the NOAA this Allocation without further obligation or responsibility hereunder orhereunder. The Allocatee also agrees and understands that if it or an entity that controls the Allocatee, alternativelyis controlled by the Allocatee or shares common management officials with the Allocatee (as determined by the CDFI Fund), is not in compliance with the terms of any previous Allocation Agreement, Assistance Agreement or Award Agreement entered into with the CDFI Fund, the CDFI Fund may, in its sole discretion, alternatively elect not to enter into an Allocation Agreement pursuant to the NOAA this Notice of Allocation, or provide a NMTC Allocation pursuant to this Notice of Allocation until such time as the CDFI Fund determines, in its sole discretion, that the Allocatee or an entity that controls the Allocatee, is controlled by the Allocatee or shares common management officials with the Allocatee (as determined by the CDFI Fund), is in compliance with the terms of any previous Allocation Agreement, Assistance Agreement or Award Agreement with the CDFI Fund. Please note that failure to meet the terms and conditions of the Allocation Agreement can constitute an event of default thereunder and may cause the CDFI Fund to impose one or more sanctions, set forth in the Allocation Agreement, which may include, among other possible sanctions, the CDFI Fund's reallocation of any unused NMTC Allocations provided to the Allocatee.
Appears in 1 contract
Samples: Allocation Agreement
Required Reports and Report Submission Dates. The Allocatee is will be required to prepare and submit reports and surveys, as described, detailed and scheduled in the Allocation Agreement. Reporting requirements will include information on uses of the NMTC Allocation and additional information as determined necessary by the CDFI Fund. The CDFI Fund may engage in additional due diligence, including background checks on principals and key staff persons of the applicant and its affiliated entities. If, prior to entering into an Allocation Agreement with the Allocatee, (A) information comes to the attention of the CDFI Fund that either (i) affects the Allocatee's ’s eligibility for a NMTC Allocation, (ii) Allocation or the CDFI Fund's ’s evaluation of the Allocatee's ’s Allocation Application (including administrative error), (iii) the Allocatee’s financial condition, or (iv) the Allocatee’s ability to carry out the terms and conditions of the Allocation Agreement; or (B) the CDFI Fund obtains information regarding fraud or mismanagement on the part of the Allocatee or the Controlling Entity, if such fraud or mismanagement by the Controlling Entity would hinder the Allocatee’s ability to perform under the Allocation Agreement, the CDFI Fund, in its sole discretion and without advance notice, may terminate this Notice of Allocation, and shall have no further obligation or responsibility hereunder, nor shall the CDFI Fund be obligated to enter into an Allocation Agreement with, or provide a NMTC Allocation to, the Allocatee. Moreover, by accepting this Notice of Allocation, the Allocatee agrees that if the CDFI Fund determines, at any time after the date of this Notice of Allocation and prior to the execution of the Allocation Agreement, that the Allocatee or an entity that controls the Allocatee, is controlled by the Allocatee or shares common management officials with the Allocatee (as determined by the CDFI Fund), is not in compliance with the terms of any previous Allocation Agreement, Assistance Agreement or Award Agreement entered into with the CDFI Fund, the CDFI Fund may, in its sole discretion and without advance notice, terminate and rescind the award notification made under the NOAA this Allocation without further obligation or responsibility hereunder orhereunder. The Allocatee also agrees and understands that if it or an entity that controls the Allocatee, alternativelyis controlled by the Allocatee or shares common management officials with the Allocatee (as determined by the CDFI Fund), is not in compliance with the terms of any previous Allocation Agreement, Assistance Agreement or Award Agreement entered into with the CDFI Fund, the CDFI Fund may, in its sole discretion, alternatively elect not to enter into an Allocation Agreement pursuant to the NOAA this Notice of Allocation, or provide a NMTC Allocation pursuant to this Notice of Allocation until such time as the CDFI Fund determines, in its sole discretion, that the Allocatee or an entity that controls the Allocatee, is controlled by the Allocatee or shares common management officials with the Allocatee (as determined by the CDFI Fund), is in compliance with the terms of any previous Allocation Agreement, Assistance Agreement or Award Agreement with the CDFI Fund. Please note that failure to meet the terms and conditions of the Allocation Agreement can constitute an event of default thereunder and may cause the CDFI Fund to impose one or more sanctions, set forth in the Allocation Agreement, which may include, among other possible sanctions, the CDFI Fund's ’s reallocation of any unused NMTC Allocations provided to the Allocatee.
Appears in 1 contract