Common use of Developer Documents Clause in Contracts

Developer Documents. The Las Entradas Developer has executed and delivered each of the below listed documents (individually, a “Las Entradas Developer Document” and collectively, the “Las Entradas Developer Documents”) in the capacity provided for in each such Las Entradas Developer Document, and each such Las Entradas Developer Document constitutes a valid and binding obligation of the Las Entradas Developer, enforceable against the Las Entradas Developer in accordance with its terms: (a) this Las Entradas Developer Letter of Representations; (b) the Development Agreement (EntradaGlen) effective July 7, 2021, as amended by the First Amendment to Development Agreement (EntradaGlen) effective June 15, 2022, and the Second Amendment to the Development Agreement (EntradaGlen) effective November 16, 2022 (collectively and as amended, the “Development Agreement”), executed and delivered by the City, the Las Entradas Developer and Cottonwood Holdings, Ltd., a Texas limited partnership (the “Cottonwood Developer” and, together with the Las Entradas Developer, the “Developers”); (c) the EntradaGlen Public Improvement District Financing Agreement (the “Financing Agreement”) dated April 16, 2025, executed and delivered by the City and the Las Entradas Developer; (d) the Reimbursement Agreement EntradaGlen Public Improvement District, effective as of April 17, 2024 (the “Reimbursement Agreement”), executed and delivered by the City and the Las Entradas Developer; (e) the Continuing Disclosure Agreement of the Las Entradas Developer; and (f) the Deposit Agreement. The Las Entradas Developer has complied in all material respects with all of the Las Entradas Developer’s agreements and covenants and satisfied all conditions required to be complied with or satisfied by the Las Entradas Developer under the Las Entradas Developer Documents on or prior to the date hereof. The representations and warranties of the Las Entradas Developer contained in the Las Entradas Developer Documents are true and correct in all material respects on and as of the date hereof.

Developer Documents. The Las Entradas Cottonwood Developer has executed and delivered each of the below listed documents (individually, a “Las Entradas Cottonwood Developer Document” and collectively, the “Las Entradas Cottonwood Developer Documents”) in the capacity provided for in each such Las Entradas Cottonwood Developer Document, and each such Las Entradas Cottonwood Developer Document constitutes a valid and binding obligation of the Las Entradas Cottonwood Developer, enforceable against the Las Entradas Cottonwood Developer in accordance with its terms: (a) this Las Entradas Cottonwood Developer Letter of Representations; (b) the Development Agreement (EntradaGlen) effective July 7, 2021, as amended by the First Amendment to Development Agreement (EntradaGlen) effective June 15, 2022, and the Second Amendment to the Development Agreement (EntradaGlen) effective November 16, 2022 (collectively and as amended, the “Development Agreement”), executed and delivered by the City, the Cottonwood Developer and Las Entradas Developer and Cottonwood Holdings, Ltd.Development Corporation, a Texas limited partnership corporation (the “Cottonwood Las Entradas Developer” and, together with the Las Entradas Cottonwood Developer, the “Developers”);; and (c) the EntradaGlen Public Improvement District Financing Agreement (the “Financing Agreement”) dated April 16, 2025, executed and delivered by the City and the Las Entradas Developer; (d) the Reimbursement Agreement EntradaGlen Public Improvement District, effective as of April 17, 2024 (the “Reimbursement Agreement”), executed and delivered by the City and the Las Entradas Developer; (e) the Continuing Disclosure Agreement of the Las Entradas Cottonwood Developer; and (f) the Deposit Agreement. The Las Entradas Cottonwood Developer has complied in all material respects with all of the Las Entradas Cottonwood Developer’s agreements and covenants and satisfied all conditions required to be complied with or satisfied by the Las Entradas Cottonwood Developer under the Las Entradas Cottonwood Developer Documents on or prior to the date hereof. The representations and warranties of the Las Entradas Cottonwood Developer contained in the Las Entradas Cottonwood Developer Documents are true and correct in all material respects on and as of the date hereof.