Common use of Refinancing Limitations, Requirements and Conditions Clause in Contracts

Refinancing Limitations, Requirements and Conditions. 4.4.3.1 If TxDOT renders any assistance or performs any requested activity in connection with a Refinancing apart from delivering a consent and estoppel certificate under Section 20.9 or any direct lender agreement pursuant to Section 20.9.4, then Developer shall reimburse TxDOT all TxDOT’s Recoverable Costs and other fees, costs and expenses TxDOT incurs in connection with rendering any such assistance or performing any such activity. Developer also shall reimburse TxDOT’s Recoverable Costs of assessing the Refinancing Gain and TxDOT’s share thereof, if any. If TxDOT delivers to Developer a written invoice therefor at least two Business Days prior to the scheduled date of closing, then Developer shall reimburse such costs at closing. If TxDOT does not deliver a written invoice at least two Business Days prior to closing, then it may deliver such invoice within 30 days after receiving notice of closing and Developer shall reimburse TxDOT for such costs within ten days after TxDOT delivered the invoice to Developer. If for any reason the Refinancing does not close, Developer shall reimburse such TxDOT’s Recoverable Costs and such other fees, costs and expenses within ten days after TxDOT delivers to Developer a written invoice therefor. 4.4.3.2 The Refinancing Gain shall be calculated after deducting payment of such TxDOT’s Recoverable Costs and such other fees and expenses, as well as Developer’s reasonable professional costs and expenses directly associated with the Refinancing.

Refinancing Limitations, Requirements and Conditions. 4.4.3.1 If TxDOT renders any assistance or performs any requested activity in connection with a Refinancing apart from delivering a consent and estoppel certificate under Section 20.9 or any direct lender agreement pursuant to Section 20.9.4, then Developer shall reimburse TxDOT all TxDOT’s Recoverable Costs and other fees, costs and expenses TxDOT incurs in connection with rendering any such assistance or performing any such activity. Developer also shall reimburse TxDOT’s Recoverable Costs of assessing the Refinancing Gain and TxDOT’s share thereof, if any. If TxDOT delivers to Developer a written invoice therefor at least two Business Days prior to the scheduled date of closing, then Developer shall reimburse such costs at closing. If TxDOT does not deliver a written invoice at least two Business Days prior to closing, then it may deliver such invoice within 30 days after receiving written notice of closing and Developer shall reimburse TxDOT for such costs within ten days after TxDOT delivered delivers the invoice to Developer. If for any reason the Refinancing does not close, Developer shall reimburse such TxDOT’s Recoverable Costs and such other fees, costs and expenses within ten days after TxDOT delivers to Developer a written invoice therefor. 4.4.3.2 The Refinancing Gain shall be calculated after deducting payment of such TxDOT’s Recoverable Costs and such other fees and expenses, as well as Developer’s reasonable professional costs and expenses directly associated with the Refinancing.

Refinancing Limitations, Requirements and Conditions. 4.4.3.1 If TxDOT renders any assistance or performs any requested activity in connection with a Refinancing apart from delivering a consent and estoppel certificate under Section 20.9 or any direct lender agreement pursuant to Section 20.9.4, then Developer shall reimburse TxDOT all TxDOT’s Recoverable Costs and other fees, costs and expenses TxDOT incurs in connection with rendering any such assistance or performing any such activity. Developer also shall reimburse TxDOT’s Recoverable Costs of assessing the Refinancing Gain and TxDOT’s share thereof, if any. If TxDOT delivers to Developer a written invoice therefor at least two Business Days prior to the scheduled date of closing, then Developer shall reimburse such costs at closing. If TxDOT does not deliver a written invoice at least two Business Days prior to closing, then it may deliver such invoice within 30 days after receiving notice of closing and Developer shall reimburse TxDOT for such costs within ten days after TxDOT delivered the invoice to Developer. If for any reason the Refinancing does not close, Developer shall reimburse such TxDOT’s Recoverable Costs and such other fees, costs and expenses within ten days after TxDOT delivers to Developer a written invoice therefor. 4.4.3.2 The Refinancing Gain shall be calculated after deducting payment of such TxDOT’s Recoverable Costs and such other fees and expenses, as well as Developer’s reasonable professional costs and expenses directly associated with the Refinancing.

Refinancing Limitations, Requirements and Conditions. 4.4.3.1 If TxDOT renders any assistance or performs any requested activity in connection with a Refinancing apart from delivering a consent and estoppel certificate under Section 20.9 or any direct lender agreement pursuant to Section 20.9.4, then Developer shall reimburse TxDOT all TxDOT’s Recoverable Costs and other fees, costs and expenses TxDOT incurs in connection with rendering any such assistance or performing any such activity. Developer also shall reimburse TxDOT’s Recoverable Costs of assessing the Refinancing Gain and TxDOT’s share thereof, if any. If TxDOT delivers to Developer a written invoice therefor at least two Business Days prior to the scheduled date of closing, then Developer shall reimburse such costs at closing. If TxDOT does not deliver a written invoice at least two Business Days prior to closing, then it may deliver such invoice within 30 days after receiving notice of closing and Developer shall reimburse TxDOT for such costs within ten days after TxDOT delivered the invoice to Developer. If for any reason the Refinancing does not close, Developer shall reimburse such TxDOT’s Recoverable Costs and such other fees, costs and expenses within ten days after TxDOT delivers to Developer a written invoice therefor. 4.4.3.2 The Refinancing Gain shall be calculated after deducting payment of such TxDOT’s Recoverable Costs and such other fees and expenses, as well as Developer’s reasonable professional costs and expenses directly associated with the Refinancing.