Priority of Expenditures Sample Clauses

Priority of Expenditures. Expenditures of the Partnership shall be paid in the following order of priority:
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Priority of Expenditures. 14 3.3.1 First Priority........................................................................ 14 3.3.2 Second Priority....................................................................... 14 3.3.3 Third Priority........................................................................ 14 3.3.4
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Priority of Expenditures. TIF Proceeds from the issuance of TIF Indebtedness shall be expended in the following priority in accordance with those cost estimates listed on Exhibit C. Only those costs incurred after the execution of this Redevelopment Agreement by all parties hereto shall be eligible for payment. TIF Proceeds from the sale of the TIF Bond shall be expended in the following priority in accordance with those cost estimates listed on Exhibit C. FIRST PRIORITY: Reimburse the City for the costs associated with issuance of the TIF Indebtedness including bond counsel fees, issuance costs, and administrative fees, shown on the Uses and Sources of Funds in Exhibit C; SECOND PRIORITY: Reimburse Redeveloper for Project Site Purchase Assistance costs, to the extent TIF Proceeds are available. The First Priority and Second Priority Items are hereinafter referred to as the “Redeveloper Priority Expenses.” The costs for the Uses listed in Exhibit C are estimates and reimbursements will be based upon the actual acquisition and implementation costs.
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Priority of Expenditures. TIF Proceeds from the issuance of TIF Indebtedness shall be expended in the following priority in accordance with those cost estimates listed on Exhibit B. Only those costs incurred after the execution of this Redevelopment Agreement by all parties hereto shall be eligible for payment. TIF Proceeds from the sale of the TIF Bond shall be expended in the following priority in accordance with those cost estimates listed on Exhibit B. FIRST PRIORITY: Reimburse the City for the cost of any Relocation Assistance (define in Section 925 below), if any, and costs associated with issuance of the TIF Indebtedness including bond counsel fees, fiscal advisory fees, placement fees, administrative fees, capitalized interest, if any, and reserves; SECOND PRIORITY: Reimburse the City for the Block 52 Improvements in an amount not to exceed the amount shown on Exhibit B. THIRD PRIORITY: Reimburse the Redeveloper for Façade Enhancement, Fill Vault Space and Demolition, to the extent TIF Proceeds are available. The City and Redeveloper may by mutual written agreement reduce or increase the scope, scale, size or phasing of a Third Priority item or items so long as the overall available Total TIF Uses amount is not exceeded. In the event there is not enough available Grant Funds (defined below) from TIF Proceeds to complete the Third Priority item(s) as shown above, then the City and Redeveloper may by mutual written agreement reduce the scope, scale, size or phasing of a Third Priority item or items or eliminate a Third Priority item or items. The Third Priority Items are hereinafter referred to as the “Redeveloper Priority Expenses.” The costs for the Uses listed in Exhibit B are estimates and reimbursements will be based upon the actual design, engineering, staking, inspections, project administration, construction, and implementation costs.
Sample 1
Priority of Expenditures. TIF Proceeds from the issuance of TIF Indebtedness shall be expended in the following priority in accordance with those cost estimates listed on Exhibit D. Except as provided by Neb. Rev. Stat. §18-2117.03 (1) (Reissue 2018), only those costs incurred after the execution of this Redevelopment Agreement by all parties hereto shall be eligible for payment. TIF Proceeds from the sale of the TIF Bond shall be expended in the Five Priorities in accordance with those cost estimates listed on Exhibit D. The Second, Third, Fourth and Fifth Priority Items are herein referred to as the “Redeveloper Priority Expenses.” Reimbursement for Priority One Expenses will be the actual costs incurred. Many of the costs for the Uses listed in Exhibit D are estimates and actual reimbursements will be based upon the actual design, inspection, project administration, construction, financing and implementation costs. The City Urban Development Director on behalf of the City is hereby authorized to amend or modify the order of priority for the Priority items as shown above. The grants are restricted and earmarked for the funding of Public Improvements as described herein and the Redeveloper does not have discretionary judgment over the application of said grant funds.
Sample 1
Priority of Expenditures. TIF Proceeds from the issuance of TIF Indebtedness shall be expended in the following priority in accordance with those cost estimates listed on Exhibit B. Only those costs incurred after the execution of this Redevelopment Agreement by all parties hereto shall be eligible for payment. FIRST PRIORITY: Reimburse the City for cost of issuance of the TIF Indebtedness including bond counsel fees, fiscal advisory fees, placement fees, recording fees, capitalized interest, a 1% administrative fee, and reserves; SECOND PRIORITY: Reimburse the Redeveloper for the costs of installing energy enhancements in the form of upgraded HVAC units; THIRD PRIORITY: Reimburse the Redeveloper for the Redeveloper costs of rehabilitating historic facades and the internal courtyard; The costs for the Uses listed in Exhibit B are estimates and reimbursements will be based upon the actual design, inspections, project administration, construction, and implementation costs.
Sample 1
Priority of Expenditures. TIF Proceeds from the issuance of TIF Indebtedness shall be expended in the following priority in accordance with those cost estimates listed on Exhibit D Only those costs incurred after the execution of this Redevelopment Agreement by all parties hereto shall be eligible for payment, except for costs relating to the items identified in Neb. Rev. Stat. §18-2117.03(1) which may be incurred prior to the execution of this Redevelopment Agreement. TIF Proceeds from the sale of the TIF Bond shall be expended in the following priority in accordance with those cost estimates listed on Exhibit D.
Sample 1
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Priority of Expenditures. TIF Proceeds from the issuance of TIF Indebtedness shall be expended in the following priority in accordance with those cost estimates listed on Exhibit C. FIRST TIF PRIORITY EXPENSE: Reimburse the Redeveloper TIF Admin. Fee, Bond Counsel fee, and the Redeveloper’s cost to record any attached Exhibits. SECOND TIF PRIORITY EXPENSE: Grant to City in the amount of up to $1,500,000 of the TIF Bond Proceeds for City Public Improvements. THIRD TIF PRIORITY EXPENSE: Payment of grant or grants to reimburse Redeveloper for all or a portion of the Site Acquisition costs in an amount not to exceed $4,515,889.00. The Third Priority Item is hereinafter referred to as the “Redeveloper Priority Expenses.” Except costs incurred for Site Acquisition, only costs for TIF Priority Expenses incurred after the date of this Agreement shall be eligible for reimbursement as TIF Priority Expenses under this Section. The funds granted to Redeveloper are restricted solely for the reimbursement of eligible costs of TIF Priority Expenses as described herein, and the Redeveloper shall not have discretionary judgment over the application of said grant funds. The City shall not have any obligation to make a grant to reimburse the Redeveloper for the Third Priority Expenses in excess of the available TIF Bond Proceeds remaining after the First and Second TIF Priority Expenses are paid in full. The City may, however, increase the grant to Redeveloper for the purpose of Third Priority Expenses using TIF Bond Proceeds not otherwise required by the City for Second Priority Expenses.
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Related to Priority of Expenditures

  • Proof of expenditure Costs incurred by Programme Operators, Project Promoters and project partners shall be supported by documentary evidence as required in Article 8.12 of the Regulation.

  • Advancement and Repayment of Expenses Subject to Section 4 hereof, the Expenses incurred by Indemnitee in defending and investigating any Proceeding shall be paid by the Company in advance of the final disposition of such Proceeding within 30 days after receiving from Indemnitee the copies of invoices presented to Indemnitee for such Expenses, if Indemnitee shall provide an undertaking to the Company to repay such amount to the extent it is ultimately determined that Indemnitee is not entitled to indemnification. In determining whether or not to make an advance hereunder, the ability of Indemnitee to repay shall not be a factor. Notwithstanding the foregoing, in a proceeding brought by the Company directly, in its own right (as distinguished from an action bought derivatively or by any receiver or trustee), the Company shall not be required to make the advances called for hereby if the Board of Directors determines, in its sole discretion, that it does not appear that Indemnitee has met the standards of conduct which make it permissible under applicable law to indemnify Indemnitee and the advancement of Expenses would not be in the best interests of the Company and its stockholders.

  • Mandatory Advancement of Expenses Subject to Section 8(a) below, the Company shall advance all expenses incurred by the Indemnitee in connection with the investigation, defense, settlement or appeal of any proceeding to which the Indemnitee is a party or is threatened to be made a party by reason of the fact that the Indemnitee is or was an agent of the Company. Indemnitee hereby undertakes to repay such amounts advanced only if, and to the extent that, it shall be determined ultimately that the Indemnitee is not entitled to be indemnified by the Company as authorized hereby. The advances to be made hereunder shall be paid by the Company to the Indemnitee within twenty (20) days following delivery of a written request therefor by the Indemnitee to the Company.

  • Repayment of Expenses Indemnitee shall reimburse the Company for all reasonable expenses paid by the Company in defending any Proceeding against Indemnitee in the event and only to the extent that it shall be ultimately determined that Indemnitee is not entitled to be indemnified by the Company for such expenses under the provisions of this Agreement.

  • Payment and Reimbursement of Expenses The Company covenants and agrees with the Agent that the Company will pay or cause to be paid the following: (i) the fees, disbursements and expenses of the Company’s counsel and accountants in connection with the registration of the Shares under the 1933 Act and all other expenses in connection with the preparation, printing and filing of the Registration Statement, the Base Prospectus, Prospectus Supplement, any Issuer Free Writing Prospectus and the Prospectus and amendments and supplements thereto and the mailing and delivering of copies thereof to the Agent; (ii) the cost of printing or producing this Agreement or any Terms Agreement, any Blue Sky and Legal Investment Memoranda, closing documents (including any compilations thereof) and any other documents in connection with the offering, purchase, sale and delivery of the Shares; (iii) all expenses in connection with the qualification of the Shares for offering and sale under state securities laws as provided in Section 3(b) hereof, including the reasonable fees and disbursements of counsel for the Agent in connection with such qualification and in connection with the Blue Sky and Legal Investment Surveys; (iv) any filing fees incident to, and the reasonable fees and disbursements of counsel for the Agent in connection with, any required review by FINRA of the terms of the sale of the Shares; (v) all fees and expenses in connection with listing or quoting the Shares on the Nasdaq Capital Market; (vi) the cost of preparing the Shares; (vii) the costs and charges of any transfer agent or registrar or any dividend distribution agent; (viii) the reasonable fees and disbursements of counsel to the Agent in an aggregate amount not to exceed $50,000 (which amount shall include all fees and disbursements of such counsel described in clauses (iii) and (iv) above); and (ix) all other costs and expenses incident to the performance of its obligations hereunder which are not otherwise specifically provided for in this Section 5. It is understood, however, that, except as provided in this Section 5 and Section 7 hereof, the Agent will pay all of its own costs and expenses, including the fees of its counsel, transfer taxes on resale of any of the Shares by it, and any advertising expenses connected with any offers it may make.

  • Prepayment of Expenses The Company shall pay the expenses (including attorneys’ fees) actually and reasonably incurred by an Indemnified Person in connection with any Proceeding in advance of its final disposition; provided, however, that such payment of expenses in advance of the final disposition of the Proceeding shall be made only upon receipt of an undertaking by the Indemnified Person to repay all amounts advanced if it should be ultimately determined that the Indemnified Person is not entitled to be indemnified under this Section 8.1 or otherwise.

  • Advancement of Expenses and Costs All Expenses incurred by or on --------------------------------- behalf of Indemnitee (or reasonably expected by Indemnitee to be incurred by Indemnitee within three months) in connection with any Proceeding shall be paid promptly by the Company, and in any event in advance of the final disposition of such Proceeding within sixty days after the receipt by the Company of a statement or statements from Indemnitee requesting from time to time such advance or advances, whether or not a determination to indemnify has been made under Section 9. Such statement or statements shall evidence such Expenses incurred (or reasonably expected to be incurred) by Indemnitee in connection therewith and shall include or be accompanied by a written undertaking by or on behalf of Indemnitee to repay such amount if it shall ultimately be determined that Indemnitee is not entitled to be indemnified therefor pursuant to the terms of this Agreement. The right to indemnification of advances as granted by this Section 8 shall be enforceable by the director or officer in any court of competent jurisdiction, if the Company denies such request, in whole or in part, or if no disposition thereof is made within 60 days. Such person's costs and expenses incurred in connection with successfully establishing his/her right to indemnification, in whole or in part, in any such action shall also be indemnified by the Company. It shall be a defense to any such action seeking an adjudication or award in arbitration pursuant to this Agreement (other than an action brought to enforce a claim for the advance of costs, charges and expenses under this Section 8 where the required undertaking, if any, has been received by the Company) that the claimant has not met the standard of conduct set forth in the Nevada General Corporation Law, as the same exists or hereafter may be amended (but, in the case of any such amendment, only to the extent that such amendment permits the Company to provide broader indemnification rights than said law permitted the Company to provide prior to such amendment), but the burden of proving such defense shall be on the Company. Neither the failure of the Company (including its Board of Directors, its independent legal counsel and its stockholders) to have made a determination prior to the commencement of such action that indemnification of the claimant is proper in the circumstances because he/she has met the applicable standard of conduct set forth in the Nevada General Corporation Law, as the same exists or hereafter may be amended (but, in the case of any such amendment, only to the extent that such amendment permits the Company to provide broader indemnification rights that said law permitted the Company to provide prior to such amendment), nor the fact that there has been an actual determination by the Company (including its Board of Directors, its independent legal counsel and its stockholders) that the claimant has not met such applicable standard of conduct, shall be a defense to the action or create a presumption that the claimant has not met the applicable standard of conduct.

  • Mandatory Payment of Expenses Notwithstanding any other provision of this Agreement other than Section 10 hereof, to the extent that Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in defense of any Claim, Indemnitee shall be indemnified against all Expenses incurred by Indemnitee in connection therewith.

  • Reimbursement of Expenses The Company shall reimburse the Executive for all reasonable and appropriate travel, entertainment and other expenses incurred or paid by the Executive in connection with, or related to, the performance of his/her responsibilities or services under this Agreement, in accordance with policies and procedures, and subject to limitations, adopted by the Company from time to time.

  • Advancement of Expenses To the extent not prohibited by law, the Company shall advance the expenses incurred by Indemnitee in connection with any proceeding, and such advancement shall be made within twenty (20) days after the receipt by the Company of a statement or statements requesting such advances (which shall include invoices received by Indemnitee in connection with such expenses but, in the case of invoices in connection with legal services, any references to legal work performed or to expenditures made that would cause Indemnitee to waive any privilege accorded by applicable law shall not be included with the invoice) and upon request of the Company, an undertaking to repay the advancement of expenses if and to the extent that it is ultimately determined by a court of competent jurisdiction in a final judgment, not subject to appeal, that Indemnitee is not entitled to be indemnified by the Company. Advances shall be unsecured, interest free and without regard to Indemnitee’s ability to repay the expenses. Advances shall include any and all expenses actually and reasonably incurred by Indemnitee pursuing an action to enforce Indemnitee’s right to indemnification under this Agreement, or otherwise and this right of advancement, including expenses incurred preparing and forwarding statements to the Company to support the advances claimed. Indemnitee acknowledges that the execution and delivery of this Agreement shall constitute an undertaking providing that Indemnitee shall, to the fullest extent required by law, repay the advance if and to the extent that it is ultimately determined by a court of competent jurisdiction in a final judgment, not subject to appeal, that Indemnitee is not entitled to be indemnified by the Company. The right to advances under this Section shall continue until final disposition of any proceeding, including any appeal therein. This Section 6 shall not apply to any claim made by Indemnitee for which indemnity is excluded pursuant to Section 10(b).

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