Public Financing. The parties hereby agree and acknowledge that, in order to assist with the financing of construction of Streets A, B, C, D and Grand Crossing Parkway and the storm drain system, sanitary sewer, domestic, fire and reclaimed water systems, and dry utilities located within the public rights of way of Streets A, B, C, D and Grand Crossing Parkway, the parties may initiate proceedings to form one or more community facilities or other assessment or public financing districts which may encompass all or certain portions of the Premises. The parties hereby agree to cooperate in good faith with each other to (i) initiate such formation proceedings, (ii) form one or more community facilities or other assessment or financing districts over all or any portion of the Premises, and (iii) cause such public financing district or districts to issues bonds to assist with the financing of construction of Streets A, B, C, D and Grand Crossing Parkway and the storm drain system, sanitary sewer, domestic, fire and reclaimed water systems, and dry utilities located within the public rights of way of Streets A, B, C, D and Grand Crossing Parkway. Company and Lessor hereby agree that the Premises or any portion thereof, as determined by the parties, shall be included within the boundaries of said public financing district or districts. In addition, the parties hereto hereby agree to cooperate with each other and, if necessary, the City of Industry to promptly execute all other documents and take all other actions reasonably requested by Lessor and/or Company in connection with any and all actions and approvals required to be taken in the ordinary course of formation of such community facilities or other assessment or public financing district over all or any portion of the Premises or any actions related thereto in accordance with the terms of the Xxxxx-Xxxx Community Facilities Act of 1982, as amended, Rule 15c2-12 promulgated by the Securities and Exchange Commission, or any other California law governing formation of such public financing districts. The parties hereby agree and acknowledge that, in order to assist with the annual maintenance of the landscaping and irrigation systems installed upon the slopes manufactured during the grading of the Project, the parties may initiate proceedings to form one or more maintenance districts which may encompass all or certain portions of the Premises. The parties hereby agree to cooperate in good faith with each other to (i) initiate suc...
Public Financing. County agrees to cooperate with Developer in the formation and implementation of public financing districts or areas of benefit, such as, a Community Facilities District or Statewide Community Infrastructure Program districts, as provided in the CEDHSP Financing Plan, as may be amended. County and Developer acknowledge and agree that facilities eligible to be financed through the CFD shall include, without limitation, portions of Country Club Drive, portions of the Community Park, portions of the trails, wetlands and open space amenities, a recycled water line for EID, if necessary, a sewer line upgrade and, potentially, a portion of the pedestrian overcrossing environmental review and permitting costs, EID fees and any and all development impact fees applicable to the Project. County and Developer shall use their best efforts to cause to be formed any such financing district(s) provided that such formation is consistent with the criteria set forth in the CEDHSP Financing Plan and applicable County ordinances or adopted policies regulating such matters. County agrees that any credits or reimbursements owed to Developer shall not be affected or reduced because improvements for which credits or reimbursements are due were financed with any special taxes or bond proceeds.
Public Financing. West Coast shall have issued its equity securities (“Equity Securities”) in a transaction or series of related transactions on terms satisfactory to Purchaser in Purchaser’s sole and subjective discretion, resulting in aggregate gross proceeds to West Coast of at least $15,000,000.00 US (a “Qualified Financing”).
Public Financing. The Sublease and Subtenant satisfy the requirements for a permitted Sublease and permitted Subtenant under the Convention Center Subleases attached hereto as Exhibit “I” and the requirements under any other documents effectuating the public financing by the Landlord, City or the JEPA for or related to the Premises, the Tenant’s Phase 1A Improvements or the Convention Center for so long as such financing remains outstanding; provided that such requirements must not be materially more stringent than the requirements that were in effect under the public financing that is outstanding as of the Commencement Date as determined by Tenant in its reasonable discretion; and
Public Financing. The Transfer and Transferee satisfy the requirements for a permitted Transfer and permitted Transferee under the Convention Center Subleases attached hereto as Exhibit “I” and the requirements under any other documents effectuating the public financing by the Landlord, City or JEPA for or related to the Premises, the Tenant’s Phase 1A Improvements or the Convention Center for so long as such financing remains outstanding; provided that such requirements must not be materially more stringent than the requirements that were in effect under the public financing that is outstanding as of the Commencement Date as determined by Tenant in its reasonable discretion;
Public Financing. (i) Designer Holdings shall provide the Agent with copies of the Indenture, the Declaration of Trust, the form of Subordinated Debenture and Preferred Security, the Public Financing Guarantees and all other material Public Financing documents prior to the execution or effectiveness thereof and each of the Indenture, the Public Financing Guarantees, the Declaration of Trust, the Subordinated Debenture and the Preferred Securities shall be in substantially the same form as the copies thereof delivered to the Agent on October 29, 1996, with such changes as the Agent may approve, and each of the other Public Financing Documents shall be satisfactory in form and
Public Financing. Permit (A) the obligations of Designer Holdings under the Public Financing Guarantees or the Subordinated Debentures or any other obligations of Designer Holdings in connection with the Public Financing to become secured obligations or to rank pari passu with or senior to any of the Obligations, (B) the Trust to engage in any activity other than the (i) issuing the Preferred Securities and common securities representing undivided beneficial interests in the assets of the Trust, (ii) investing the gross proceeds of the Preferred Securities and the common securities of the Trust in the Subordinated Debentures and (iii) only those other activities necessary or incidental thereto, or (C) any change in any material term of the Public Financing as described in the Preliminary Prospectus to the Registration Statement on Form S-1 (File No. 33-13097) filed by Designer Holdings and the Trust with the Securities and Exchange Commission on September 30, 1996, as amended through October 22, 1996, or include in any document or agreement any material term not so described therein, without the prior written consent of the Required Lenders.
Public Financing. In recognition of Authority’s obligations under Section 3.3(f) of the Original Redevelopment Agreement, Authority approves the proposed Infrastructure Conduit Bond Financing Structure Summary attached hereto as Exhibit B, subject to the Major Contingencies therein and as such structure may change from time to time by approval of the parties. Authority shall diligently cooperate with Developer to implement such financing in accordance with the time frames that comport with the Summary, as same may change from time to time by approval of the parties.
Public Financing. The District Government shall issue and sell taxable and tax-exempt Bonds in an aggregate amount sufficient (taking into account financing costs, interest costs and earnings during construction, and available cash on hand) to generate net proceeds that will fully fund the Baseball Stadium Budget. The net proceeds of the Bonds will be deposited prior to the deadline date specified in Section 7.06 into a fund held by a Qualified Trustee. The Construction Administration Agreement and Bond documents for the Bonds shall provide the procedure for disbursements from the fund to pay the costs of the Baseball Stadium and the Infrastructure.
Public Financing. UDAG. Upon receipt, Landlord shall pay to Tenant the net loan proceeds of that certain $1 million HUD Economic Development Initiative and/or Recycled UDAG Funds (the "UDAG Loan") referred to in Paragraph 31(a)(ii) of this Lease.
