NMTC Allocation Clause Samples

NMTC Allocation. Subject to all of the terms and conditions hereof and in reliance upon all representations, warranties, assurances, certifications and agreements contained herein, the Fund hereby agrees to allocate to the Allocatee and the Allocatee hereby agrees to accept from the Fund an NMTC Allocation. The amount of the NMTC Allocation represents the amount of Qualified Equity Investments which may be issued by the Allocatee, and as to which NMTCs may be claimed. If any of the conditions specified herein or in any document connected herewith, including the Notice of Allocation, have not been fulfilled to the satisfaction of the Fund, the Fund will, in its sole discretion, elect not to effectuate the NMTC Allocation until such time as said conditions shall be fulfilled to the satisfaction of the Fund. Once the Fund has determined that the conditions required herein, including the Notice of Allocation, have been met and the Allocatee has returned to the Fund an executed copy of the Allocation Agreement along with an acceptable opinion of counsel, the Fund will set the Allocation Date. This Allocation Agreement will be effective as of the Allocation Date.