General Provisions With Respect to Financing Improvements Clause Samples

The "General Provisions With Respect to Financing Improvements" clause establishes the basic rules and procedures governing how improvements to a property or project may be financed. It typically outlines the types of improvements eligible for financing, the methods by which funds can be obtained or allocated, and any conditions or limitations that apply to such financing, such as approval requirements or cost-sharing arrangements. By setting these foundational guidelines, the clause ensures that all parties understand the framework for funding improvements, thereby reducing disputes and providing clarity on financial responsibilities.
General Provisions With Respect to Financing Improvements. Developer shall have the right to request City to utilize, in connection with any exactions or other on- or off-site improvement with respect to the Project, any public financing method then available under Applicable City Regulations or Laws applicable to such improvement. In connection with any such request, City shall consider, among other things, the utilization of the requested financing method, taking into account the requirements of the Applicable City Regulations and/or Laws, and the benefit to be derived with respect to the development of the Project of such public financing methods as they relate to the reduction in cost of development of the Project and the enhancement thereof to achieve the intent of the Parties hereunder. If, after such good faith consideration, City agrees to utilize such financing method, City shall take such actions as may be necessary or appropriate in order so to do, and Developer shall cooperate therewith. The financing methods contemplated hereunder shall include, without limitation, formation of assessment benefit, maintenance or other districts, issuance of revenue bonds, and other similar methods which may be available from time to time, or at any time, during the term of this Agreement. Developer shall reimburse City for all costs and expenses (including without limitation consultants, City staff and/or City attorney or outside counsel time) incurred under this Section 4.7.
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General Provisions With Respect to Financing Improvements. Developer shall have the right to request City to utilize, in connection with any exactions or other on- or off-site improvement with respect to the Project, any public financing method then available under applicable City or State regulations or laws applicable to such improvement. In connection with any such request, City shall consider, among other things, the utilization of the requested financing method taking into account the requirements of applicable City or State regulations and/or laws, and the benefit to be derived with respect to the development of the Project of such public financing methods as they relate to the reduction in cost of development of the Project and the enhancement thereof to achieve the intent of the Parties hereunder. If, after such good faith consideration, City agrees to utilize such financing method, City shall take such actions as may be necessary or appropriate in order so to do, and Developer shall cooperate therewith. The financing methods contemplated hereunder shall include, without limitation, formation of assessment benefit, maintenance or other districts, issuance of revenue bonds, applications for grants, and other similar methods which may be available from time to time or at any time, during the term of this Agreement. Developer shall reimburse City for all costs and expenses 3.6.1(a) (including without limitation consultants, City staff and/or City Attorney or outside counsel time) incurred for any such Developer request for public financing methods under this Section 4.1.2. City agrees to reasonably cooperate with Developer in the formation of any assessment districts (including without limitation ▇▇▇▇▇ ▇▇▇▇ Districts and landscaping and lighting districts, a Community Benefit District, or other kind of community facilities districts (any of which shall be referred to as a “Financing Mechanism”).
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General Provisions With Respect to Financing Improvements. Developer shall have the right to request City to utilize, in connection with any exactions or other on- or off-site improvement with respect to the Project, any public financing method then available
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Related to General Provisions With Respect to Financing Improvements

  • REPRESENTATIONS WITH RESPECT TO RULE 17F 5. The Foreign Custody Manager represents to the Fund that it is a U.S. Bank as defined in section (a)(7) of Rule 17f-5. The Fund represents to the Custodian that the Board has determined that it is reasonable for the Board to rely on the Custodian to perform the responsibilities delegated pursuant to this Agreement to the Custodian as the Foreign Custody Manager of the Portfolios.

  • Representations with Respect to Rule 17f-5 The Foreign Custody Manager represents to each Fund that it is a U.S. Bank as defined in section (a)(7) of Rule 17f-5. Each Fund represents to the Custodian that its Board has determined that it is reasonable for such Board to rely on the Custodian to perform the responsibilities delegated pursuant to this Agreement to the Custodian as the Foreign Custody Manager of the Portfolios.

  • Obligations with Respect to Loan Parties The obligations of the Borrower to direct or prohibit the taking of certain actions by the other Loan Parties as specified herein shall be absolute and not subject to any defense the Borrower may have that the Borrower does not control such Loan Parties.

  • Actions with Respect to Shared Collateral; Prohibition on Contesting Liens (a) With respect to any Shared Collateral, (i) only the Applicable Authorized Representative shall act or refrain from acting with respect to the Shared Collateral (including with respect to any intercreditor agreement with respect to any Shared Collateral), (ii) the Applicable Authorized Representative shall not follow any instructions with respect to such Shared Collateral (including with respect to any intercreditor agreement with respect to any Shared Collateral) from any Non-Controlling Authorized Representative and (iii) no Non-Controlling Authorized Representative or other Secured Party (other than the Applicable Authorized Representative) shall or shall instruct the Applicable Authorized Representative to, commence any judicial or nonjudicial foreclosure proceedings with respect to, seek to have a trustee, receiver, liquidator or similar official appointed for or over, attempt any action to take possession of, exercise any right, remedy or power with respect to, or otherwise take any action to enforce its security interest in or realize upon, or take any other action available to it in respect of, any Shared Collateral (including with respect to any intercreditor agreement with respect to any Shared Collateral), whether under any Security Document, applicable law or otherwise, it being agreed that only the Applicable Authorized Representative, acting on the instructions of the Secured Parties (other than any Non-Controlling Secured Parties) and in accordance with the applicable Security Documents, shall be entitled to take any such actions or exercise any such remedies with respect to Shared Collateral. Notwithstanding the equal priority of the Liens securing each Series of Obligations, the Applicable Authorized Representative may deal with the Shared Collateral as if such Applicable Authorized Representative had a senior Lien on such Collateral. No Non-Controlling Authorized Representative or Non-Controlling Secured Party will contest, protest or object to any foreclosure proceeding or action brought by the Applicable Authorized Representative or Controlling Secured Party or any other exercise by the Applicable Authorized Representative or Controlling Secured Party of any rights and remedies relating to the Shared Collateral, or to cause the Applicable Authorized Representative to do so. The foregoing shall not be construed to limit the rights and priorities of any Secured Party, Applicable Authorized Representative or Authorized Representative with respect to any Collateral not constituting Shared Collateral. (b) Each of the Authorized Representatives agrees that it will not accept any Lien on any Collateral for the benefit of any Series of Obligations (other than funds deposited for the discharge or defeasance of any Additional Agreement) other than pursuant to the Security Documents and pursuant to Sections 2.05(c) or (j), 2.11(d) or (e) or 2.22 of the Credit Agreement, and by executing this Agreement (or a Joinder Agreement), each Authorized Representative and the Series of Secured Parties for which it is acting hereunder agree to be bound by the provisions of this Agreement and the other Security Documents applicable to it. (c) Each of the Secured Parties agrees that it will not (and hereby waives any right to) contest or support any other Person in contesting, in any proceeding (including any Insolvency or Liquidation Proceeding), the perfection, priority, validity, attachment or enforceability of a Lien held by or on behalf of any of the Secured Parties in all or any part of the Collateral, or the provisions of this Agreement; provided that nothing in this Agreement shall be construed to prevent or impair the rights of any of the Applicable Authorized Representative or any Authorized Representative to enforce this Agreement.

  • Obligations with Respect to Transfers and Exchanges of Notes (1) To permit registrations of transfers and exchanges, the Company shall execute and the Trustee shall authenticate Certificated Notes and Global Notes at the Registrar’s request. (2) No service charge shall be made for any registration of transfer or exchange, but the Company may require payment of a sum sufficient to cover any transfer tax, assessments, or similar governmental charge payable in connection therewith. (3) The Registrar shall not be required to register the transfer of or exchange of (a) any Note selected for redemption in whole or in part pursuant to Article 3, except the unredeemed portion of any Note being redeemed in part, or (b) any Note for a period beginning 15 Business Days before the mailing of a notice of an offer to repurchase or redeem Notes or 15 Business Days before an Interest Payment Date (whether or not an Interest Payment Date or other date determined for the payment of interest), and ending on such mailing date or Interest Payment Date, as the case may be. (4) Prior to the due presentation for registration of transfer of any Note, the Company, the Trustee, the Paying Agent or the Registrar may deem and treat the person in whose name a Note is registered as the absolute owner of such Note for the purpose of receiving payment of principal of and interest on such Note and for all other purposes whatsoever, whether or not such Note is overdue, and none of the Company, the Trustee, the Paying Agent or the Registrar shall be affected by notice to the contrary. (5) All Notes issued upon any transfer or exchange pursuant to the terms of this Indenture shall evidence the same debt and shall be entitled to the same benefits under this Indenture as the Notes surrendered upon such transfer or exchange.