DFA Loan definition
Examples of DFA Loan in a sentence
The Authority hereby promises to pay to Developer, from the sources of payment specified in Section 1.07 of this Exhibit 23 (Developer Financing Arrangements), the principal of the DFA Loan in monthly installments payable on each Payment Date in the amounts set forth and otherwise in accordance with the Loan Amortization Schedule, subject to any set-off of DFA Offset Amounts permitted under Section 1.09.
Each of Developer and the Authority shall maintain, in accordance with its customary record-keeping practices, records evidencing the outstanding indebtedness of the Authority to Developer resulting from the DFA Loan, including the amounts of principal and interest payable and paid to Developer from time to time hereunder.
Accordingly, the Parties agree that neither amount is required to be physically transferred to each other and that each Party will be deemed to have set off the amount due from the other Party against the amount payable to the other Party on the Substantial Completion Date, such that the Authority will have paid the DFA Satisfaction Amount to Developer on the Substantial Completion Date and Developer will have advanced the DFA Loan to the Authority on the Substantial Completion Date.
Each of the Authority and Developer acknowledges that the DFA Satisfaction Amount and the DFA Loan are equivalent financial amounts, due to be paid by it, respectively, to the other Party on the same date.
For the avoidance of doubt, the DFA Loan shall remain outstanding and be repaid as set forth herein, including without limitation as set forth in Section 1.04 of this Exhibit 23.
Accrued interest on the DFA Loan shall be payable monthly in arrears on each Payment Date in accordance with the Loan Amortization Schedule and shall be computed in accordance with Section 1.08 of this Exhibit 23 (Developer Financing Arrangements).
The obligation of Developer to advance the DFA Loan in accordance with Section 1.02 of this Exhibit 23 (Developer Financing Arrangements) shall be subject to the condition precedent that Developer has received the Certificate of Substantial Completion from the Authority, which condition may only be waived by both Developer and the Authority in writing.
Each of Developer and the Authority intend that the DFA Loan constitute an obligation that is in “registered form” within the meaning of Section 871(h) of the Internal Revenue Code and the Treasury Regulations promulgated thereunder and shall interpret the provisions of this Section 1.06 in a manner consistent therewith.