Sponsor Affiliates. The Company may designate from time to time any Sponsor Affiliates pursuant to the provisions of Sections 12-44-30(20) and 00-00-000 of the FILOT Act, which Sponsor Affiliates shall join with the Company and make investments with respect to the Project, or participate in the financing of such investments, and shall agree to be bound by the terms and provisions of this Fee Agreement pursuant to the terms of a written joinder agreement with the County and the Company, in form reasonably acceptable to the County. The Company shall provide the County and the Department with written notice of any Sponsor Affiliate designated pursuant to this Section within ninety (90) days after the end of the calendar year during which any such Sponsor Affiliate has placed in service any portion of the Project, in accordance with Section 12-44-130(B) of the FILOT Act.
Sponsor Affiliates. The Operating Company may designate from time to time Sponsor Affiliates pursuant to the provisions of Section 12-44-30(20) and Section 00-00-000 of the Act, which Sponsor Affiliates shall be persons who join with the Company and make investments with respect to the Project, or who participate in the financing of such investments, who agree to be bound by the terms and provisions of this Agreement, and who shall be direct affiliates of the Operating Company or other persons described in Section 8.01 hereof. All Sponsor Affiliates must meet the requirements of said Section 12-44-30(20) and Section 12-44- 130 of the Code and be approved by Resolution of the County Council. To the extent permitted by the Act (and specifically Section 00-00-000 thereof), the investment by any such Sponsor Affiliate shall qualify for the FILOT Payments payable under Section 5.02 hereof (subject to the other conditions set forth therein). The Operating Company shall provide the County and the Department with written notice of any Sponsor Affiliate designated pursuant to this Section 8.02 within ninety (90) days after the end of the calendar year during which any such Sponsor Affiliate has placed in service assets to be used in connection with the Project, all in accordance with Section 12-44-130(B) of the Act.
Sponsor Affiliates. The Company may designate from time to time any Sponsor Affiliates pursuant to the provisions of Sections 12-44-30(20) and 00-00-000 of the FILOT Act, which Sponsor Affiliates shall join with the Company and make investments with respect to the Project, or participate in the financing of such investments, and shall agree to be bound by the terms and provisions of this Fee Agreement pursuant to the terms of a written joinder agreement with the County and the Company, in subtantially the form attached hereto as Exhibit D. The County hereby consents to the addition of any such Sponsor Affiliates. The Company shall provide the County and the Department with written notice of any Sponsor Affiliate designated pursuant to this Section within ninety (90) days after the end of the calendar year during which any such Sponsor Affiliate has placed in service any portion of the Project, in accordance with Section 12-44-130(B) of the FILOT Act.
Sponsor Affiliates. The Company may designate from time to time Sponsor Affiliates pursuant to the provisions of Section 12-44-30(20) and Section 00-00-000 of the Act, which Sponsor Affiliates shall be persons who join with the Company and make investments with respect to the Project, or who participate in the financing of such investments, who agree to be bound by the terms and provisions of this Agreement, and who shall be direct affiliates of the Company or other persons described in Section 8.01 hereof. All Sponsor Affiliates must meet the requirements of said Section 12-44-30(20) and Section 00-00-000 of the Code. To the extent permitted by the Act (and specifically Section 00-00-000 thereof), the investment by any such Sponsor Affiliate shall qualify for the FILOT Payments payable under Section 5.02 hereof (subject to the other conditions set forth therein). The Company shall provide the County and the Department with written notice of any Sponsor Affiliate designated pursuant to this Section 8.02 within ninety (90) days after the end of the calendar year during which any such Sponsor Affiliate has placed in service assets to be used in connection with the Project, all in accordance with Section 12-44-130(B) of the Act.
Sponsor Affiliates. The Company may designate from time to time additional sponsor affiliates pursuant to the provisions of Section 12-44-30(19) and Section 00-00-000 of the Act, which sponsor affiliates shall be entities which may join with the Company to make investments with respect to the Project, or which may participate in the financing of such investments, and which agree to be bound by the terms and provisions of this Fee Agreement. All additional sponsor affiliates (not designated herein) which otherwise meet the requirements of Section 12-44-30(19) and Section 00-00-000 of the Act must be approved by resolution of the County Council and must execute a Joinder Agreement, in substantially the form attached hereto as Exhibit C, by which an additional sponsor affiliate agrees to be bound by terms of this Fee Agreement. The Company shall provide the County and the Department with written notice of any additional sponsor affiliate designated pursuant to this Section within 90 days after the end of the calendar year during which any such additional sponsor affiliate has placed in service assets to be used in connection with the Project, all in accordance with Section 12-44-130(B) of the Act.
Sponsor Affiliates. The Company may designate Sponsor Affiliates from time to time, including at the time of execution of this Fee Agreement, pursuant to and subject to the provisions of Section 00-00-000 of the Act. To designate a Sponsor Affiliate, the Company must deliver written notice to the County identifying the Sponsor Affiliate and, to the extent required by the Act, requesting the County’s approval of the Sponsor Affiliate. Except with respect to a Sponsor Affiliate designated at the time of execution of this Fee Agreement, which may be approved in the County Council ordinance authorizing the execution and delivery of this Fee Agreement, approval of the Sponsor Affiliate may be given by resolution of County Council; provided, however, that the County hereby expressly consents to any future designation by the Company as a Sponsor Affiliate (i) Affiliates, provided, however, the Company notifies the County and the Department within ninety (90) days following the end of the calendar year during which the Project or a Stage of it was placed into service; and (ii) any third party that the Company may elect to involve in the construction or financing of the Project, provided, however, the Company notifies the County and the Department within ninety (90) days following the end of the 14 calendar year during which the Project or a Stage thereof was placed into service. The Sponsor Affiliate’s joining in the investment at the Project will be effective on delivery of a Joinder Agreement, in substantially the same form as what is attached as Exhibit B, executed by the Sponsor Affiliate to the County. Sponsor Affiliate Properties is hereby approved as a Sponsor Affiliate. 803 Park, LLC is deemed to be a Sponsor Affiliate.
Sponsor Affiliates. The Company may designate from time to time any Sponsor Affiliates pursuant to the provisions of Sections 12-44-30(20) and 00-00-000 of the FILOT Act, which Sponsor Affiliates shall join with the Company and make investments with respect to the Project, or participate in the financing of such investments, and shall agree to be bound by the terms and provisions of this Fee Agreement pursuant to the terms of a written joinder agreement as shown in the attached Exhibit C hereof, with the County and the Company, in form reasonably acceptable to the County. The Company shall provide the County and the Department with written notice of any Sponsor Affiliate designated pursuant to this Section within ninety (90) days after the end of the calendar year during which any such Sponsor Affiliate has placed in service any portion of the Project, in accordance with Section 12-44-130(B) of the FILOT Act.
Sponsor Affiliates. In the event of any disclosure of Confidential Information to a Sponsor Affiliate, Sponsor and any such Sponsor Affiliate shall be jointly and severally liable for all of Sponsor’s and Sponsor Affiliates’ obligations with respect to this Agreement. Sponsor shall promptly identify to UMB by name and address all Sponsor Affiliates to whom Sponsor has disclosed Confidential Information.
Sponsor Affiliates. The Company may designate from time to time Sponsor Affiliates pursuant to the provisions of Section 12-44-30(20) and Section 00-00-000 of the Act, which Sponsor Affiliates shall be persons who join with the Company and make investments with respect to the Project, or who participate in the financing of such investments, who agree to be bound by the terms and provisions of this Agreement. All Sponsor Affiliates must meet the requirements of Section 12-44-30(20) and Section 00-00-000 of the Code and be approved by Resolution of the County Council. To the extent permitted by the Act (and specifically Section 00-00-000 thereof), the investment by any such Sponsor Affiliate shall qualify for the FILOT Payments payable under Section 5.02 hereof (subject to the other conditions set forth therein). The Company shall provide the County and the Department with written notice of any Sponsor Affiliate designated pursuant to this Section 8.02 within ninety (90) days after the end of the calendar year during which any such Sponsor Affiliate has placed in service assets to be used in connection with the Project, all in accordance with Section 12-44-130(B) of the Act.
Sponsor Affiliates. The County hereby authorizes the Company to designate, from time to time, other Sponsors or Sponsor Affiliates pursuant to the provisions of Sections 12-44-30(19) or (20), respectively, and Section 00-00-000 of the FILOT Act, and hereby preapproves, as Sponsors or Sponsor Affiliates, persons who join with the Company and other co-investors and make investments with respect to the Project, or who participate in the financing of such investments, who agree to be bound by the terms and provisions of this Fee Agreement and who shall be Affiliates of Company or other Sponsors or Sponsor Affiliates, or other persons described in Section 5.09 hereof. All other Sponsors or Sponsor Affiliates who otherwise meet the requirements of Section 12-44-30 (19) or (20) and Section 00-00-000 of the FILOT Act must be approved by the County in writing. To the extent that the aggregate investment in the Project by the end of the Project Investment Period by all Sponsors and Sponsor Affiliates exceeds Five Million Dollars ($5,000,000), to the extent permitted by Section 12-44-30(19) of the FILOT Act, all investment by such Sponsors and Sponsor Affiliates during the Investment Period shall qualify for the FILOT pursuant to Section 4.01 of this Fee Agreement (subject to the other conditions set forth therein) regardless of whether each such entity invested amounts equal to the FILOT Act Minimum Investment Requirement by the end of the Investment Period. Sponsor or Sponsor Affiliate shall provide the County and the Department of Revenue with written notice of any other Sponsor or Sponsor Affiliate designated pursuant to this Section 5.13 within ninety (90) days after the end of the calendar year during which any such Sponsor or Sponsor Affiliate has placed in service property to be used in connection with the Project, all in accordance with Section 12-44-130(B) of the FILOT Act. The parties agree that, if any Sponsor or Sponsor Affiliate ceases to become party to this Fee Agreement, the Fee Agreement shall continue to remain in effect with respect to any remaining Sponsors or Sponsor Affiliates.
