Financial Close Deadline definition
Examples of Financial Close Deadline in a sentence
In the event Financial Close is not achieved by the Financial Close Deadline, the rights of the Department and the Developer to terminate this Agreement will be governed by Section 20.04.
Subject to the termination rights of each party pursuant to Section 20.04, the Department and the Developer each agree to: (i) use reasonable commercial efforts to satisfy the conditions within their control to reach Financial Close on or prior to the Financial Close Deadline; and (ii) use reasonable commercial efforts to cooperate and assist the other party to reach Financial Close by the Financial Close Deadline.
The SIB Loan will not bear interest, but will be repaid in full by the Developer on or before the Financial Close Date or as required by the terms of Section 20.04 if this Agreement is terminated for failure to reach Financial Close by the Financial Close Deadline.
In the event Financial Close is not achieved by the Financial Close Deadline, either party may terminate this Agreement pursuant to Section 20.04.
Developer shall be required to achieve financial close on or before the Financial Close Deadline as set forth in the Agreement.
For the purposes of this Section 3.6.1, the “last date of the market interest rate adjustment period” means the earlier of 10:00 a.m. on the interest rate commitment date or 10:00 a.m. on the Financial Close Deadline (as may be extended); and “interest rate commitment date” means the date on which the interest rate is set for each respective debt instrument protected by this Section 3.6.1(a).
Subject to Section 3.4.4, Developer or TxDOT may terminate this Agreement pursuant to Section 31.6 if Financial Close does not occur by the Financial Close Deadline and such failure is directly attributable an Excuse from Closing.
The failure to achieve Financial Close by the Financial Close Deadline, unless such failure is directly attributable to an Excuse from Closing, shall be considered a Developer Default (for which TxDOT may give notice and seek liquidated damage and termination remedies under Section 29.5.6 and terminate this Agreement under Section 31.3.1).
In the event this Agreement is terminated for failure to reach Financial Close by the Financial Close Deadline, the Developer shall repay the SIB Loan pursuant to the terms of Section 20.04.
Developer shall not be entitled to submit a claim for any Extra Work Costs, Delay Costs, time, Financial Close Deadline or Completion Deadline extensions, or other relief associated with securing and obtaining Governmental Approvals, except as provided under Section 3.2.2. Refer to Section 1.4.2 regarding costs of certain services of the Presidio Trust for which Developer bears no cost responsibility.