Continuing Covenant Agreement Sample Contracts

F reddie Mac Loan Number: Property Name: Continuing Covenant Agreement – TEL (Immediate)
Continuing Covenant Agreement • June 13th, 2023

THIS CONTINUING COVENANT AGREEMENT (“Continuing Covenant Agreement”) is made by and between Borrower and Initial Funding Lender, in its capacity as Initial Funding Lender under the Funding Loan Agreement referenced below (together with its successors and assigns in such capacity, the “Funding Lender”), and is dated as of the Effective Date.

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AMENDED AND RESTATED CONTINUING COVENANT AGREEMENT
Continuing Covenant Agreement • May 5th, 2020 • California

dated as of September [ ], 2013, between the SUCCESSOR AGENCY to the REDEVELOPMENT AGENCY OF THE CITY OF SAN JOSE, a public entity existing under the laws of the State of California (the “Successor Agency”), and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association (the “Bank”).

CONTINUING COVENANT AGREEMENT
Continuing Covenant Agreement • May 5th, 2020

THIS CONTINUING COVENANT AGREEMENT, dated as of December 18, 2013 (as amended, modified or restated from time to time, this “Agreement”), is among the CITY OF SAN JOSE FINANCING AUTHORITY, a joint exercise of powers authority organized and existing under and by virtue of the laws of the State of California (the “Authority”), the CITY OF SAN JOSE, a municipal corporation and chartered city duly organized and existing by virtue of the Constitution and laws of the State of California (the “City”) and U.S. BANK NATIONAL ASSOCIATION, a national banking association (the “Purchaser”).

EX-10.2 3 d673651dex102.htm EX-10.2 EXECUTION VERSION AMENDMENT NO. 2 TO CONTINUING COVENANT AGREEMENT
Continuing Covenant Agreement • May 5th, 2020 • New York

This AMENDMENT NO. 2 dated as of June 26, 2018 (this “Amendment”) is by and among BUFFALO GULF COAST TERMINALS LLC (“Parent”), HFOTCO LLC (“Obligor”), BANK OF AMERICA, N.A., as administrative agent and collateral agent (the “Administrative Agent”), and the BONDHOLDERS signatory hereto and amends, and provides consent under, that certain Continuing Covenant Agreement dated as of August 19, 2014 (as amended, restated, extended, supplemented, modified and otherwise in effect from time to time, including pursuant to that Consent and Amendment dated June 5, 2017, the “Continuing Covenant Agreement”) by and among Parent, Obligor, the Administrative Agent and certain persons as “Bondholders” (the “Bondholders”). Capitalized terms used herein without definition shall have the meanings assigned to such terms in the Continuing Covenant Agreement.

RIDER TO CONTINUING COVENANT AGREEMENT - TEL
Continuing Covenant Agreement • September 20th, 2019
CONTINUING COVENANT AGREEMENT
Continuing Covenant Agreement • March 8th, 2017 • California

THIS CONTINUING COVENANT AGREEMENT, dated as of March 1, 2017 (as amended, supplemented, modified or restated from time to time, this “Agreement”), among the COUNTY OF CONTRA COSTA PUBLIC FINANCING AUTHORITY, a joint exercise of powers authority duly created by and existing under the laws of the State of California (the “Authority”), the COUNTY OF CONTRA COSTA, body corporate and politic and political subdivision of the State of California (the “County”), and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association.

Continuing Covenant Agreement (Series 2020B)
Continuing Covenant Agreement • May 24th, 2022 • Missouri

This Continuing Covenant Agreement, dated as of May 1, 2020 (as amended, supplemented and restated or otherwise modified from time to time, this “Agreement”), between BJC HEALTH SYSTEM, a Missouri nonprofit corporation (the “Corporation”), as Obligated Group Agent on behalf of itself and each Member of the Obligated Group (referred to in such capacity as the “Obligated Group Agent”), and BANK OF AMERICA, N.A., a national banking association, and its successors, assignees, designees and nominees hereunder (the “Purchaser”).

Rider to Continuing Covenant Agreement – TEL Ground Lease Mortgage
Continuing Covenant Agreement • May 10th, 2023
Fourth Amended and Restated Continuing Covenant Agreement
Continuing Covenant Agreement • November 1st, 2022 • Illinois

November 1, 2022 (as amended, modified or restated from time to time, this “Agreement”), is between THE COUNTY OF COOK, ILLINOIS, a body politic and corporate and a home rule unit of the State of Illinois (the “County”), and PNC BANK, NATIONAL ASSOCIATION, a national banking association (the “Purchaser”).

RIDER TO CONTINUING COVENANT AGREEMENT – TEL SELF MANAGEMENT (Revised 9-30-2019)
Continuing Covenant Agreement • August 2nd, 2019
RIDER TO CONTINUING COVENANT AGREEMENT – TEL ALUMINUM WIRING
Continuing Covenant Agreement • August 2nd, 2019
RIDER TO CONTINUING COVENANT AGREEMENT - TEL REPLACEMENT RESERVE FUND – ADDITIONAL DEPOSIT (Revised 10-1-2020)
Continuing Covenant Agreement • August 20th, 2019

[IF DEPOSITS ARE DEFERRED, USE THIS RIDER WITH THE “REPLACEMENT RESERVE FUND – DEFERRED DEPOSITS RIDER TO MULTIFAMILY LOAN AND SECURITY AGREEMENT”]

Rider to Continuing Covenant Agreement – TEL
Continuing Covenant Agreement • May 10th, 2023
RIDER TO CONTINUING COVENANT AGREEMENT – TEL SUBORDINATE DEBT (Revised 9-30-2019)
Continuing Covenant Agreement • August 2nd, 2019

[IF THE “SINGLE PURPOSE ENTITY BORROWER (LOANS $15,000,000 OR LESS) RIDER” IS ALSO ATTACHED TO THE CONTINUING COVENANT AGREEMENT, (1) INCORPORATE THE CHANGES TO SECTION 6.13(a)(x)(C) SHOWN BELOW INTO SUCH RIDER, AND (2) REPLACE SECTION A BELOW WITH “RESERVED”]

RIDER TO CONTINUING COVENANT AGREEMENT – TEL TAX CREDIT PROPERTIES (Revised 3-15-2022)
Continuing Covenant Agreement • February 15th, 2022
Rider to Continuing Covenant Agreement – TEL Foreign Guarantor
Continuing Covenant Agreement • May 10th, 2023
Rider to Continuing Covenant Agreement – TEL
Continuing Covenant Agreement • May 10th, 2023
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RIDER TO CONTINUING COVENANT AGREEMENT – TEL
Continuing Covenant Agreement • September 19th, 2019
RIDER TO CONTINUING COVENANT AGREEMENT – TEL RECYCLED BORROWER (Revised 9-30-2019)
Continuing Covenant Agreement • August 30th, 2019
CONTINUING COVENANT AGREEMENT
Continuing Covenant Agreement • July 13th, 2024 • Missouri
RIDER TO CONTINUING COVENANT AGREEMENT - TEL REQUIRED YEARLY CAPITAL EXPENDITURES (Revised 9-30-2019)
Continuing Covenant Agreement • August 2nd, 2019

[TO BE USED IN CONJUNCTION WITH THE “- REPLACEMENT RESERVE FUND – DEFERRED DEPOSITS RIDER TO MULTIFAMILY LOAN AND SECURITY AGREEMENT”]

Continuing Covenant Agreement
Continuing Covenant Agreement • July 7th, 2022 • Colorado

This CONTINUING COVENANT AGREEMENT dated as of August 1, 2022 (as amended, modified or restated from time to time, this “Agreement”), between the Regional Transportation District (the “District”), a public body politic and corporate and political subdivision of the State of Colorado, organized and existing under the terms of the Regional Transportation District Act, Section 32-9-101, et. seq. Colorado Revised Statutes, as amended (the “Act”), organized and existing under a home rule charter pursuant to Article XX of the Constitution of the State of Colorado and [PURCHASER NAME].

RIDER TO CONTINUING COVENANT AGREEMENT – TEL
Continuing Covenant Agreement • April 20th, 2020
RIDER TO CONTINUING COVENANT AGREEMENT - TEL REPAIR RESERVE FUND (Revised 9-30-2019)
Continuing Covenant Agreement • August 2nd, 2019
RIDER TO CONTINUING COVENANT AGREEMENT - TEL REHABILITATION ESCROW FUND (Revised 6-15-2020)
Continuing Covenant Agreement • September 20th, 2019
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