FINANCING OF IMPROVEMENTS. Subject to SECTION 6.7 of the Participation Agreement, the Facility Lessee shall at all times have the right to finance Improvements other than through this Facility Lease. The Facility Lessee may elect to finance Improvements to the Facility through this Facility Lease in accordance with 18 SECTION 12.1 of the Participation Agreement.
FINANCING OF IMPROVEMENTS. If deemed appropriate by CITY, CITY and OWNER shall cooperate in the formation of any special assessment district, community facilities district or alternate financing mechanism to pay for the construction and/or maintenance and operation of public or private improvements required as part of the Development Plan and/or payment of any Development Impact Fees. Without limiting the generality of the foregoing, for the purposes of this paragraph, included within the definition of public improvements are street improvements, sewer improvements, drainage improvements, water improvements, other utility improvements, park improvements, trail improvements, pedestrian or bicycle improvements and open space. To the extent any such district or other financing entity is formed and sells bonds in order to finance such reimbursements, OWNER may be reimbursed to the extent that OWNER spends funds or dedicates land for the establishment of public improvements. Notwithstanding the foregoing, it is acknowledged and agreed by the parties that nothing contained in this Agreement shall be construed as requiring CITY or the City Council to form any such district or to issue and sell bonds.
FINANCING OF IMPROVEMENTS. The Facility Lessee shall at all times have the right to finance Improvements other than through the Facility Lease, so long as no Liens on the Facility, the Facility Site or any portion thereof are granted or created in connection with such financing; PROVIDED, HOWEVER that, in the case of a financing of a Severable Improvement which is not a Required Improvement, a Lien on such Severable, non-Required Improvement may be granted or created in connection with such financing. The Facility Lessee may elect to finance Improvements to the Facility through the Facility Lease in accordance with Section 14.1 of the Participation Agreement.
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FINANCING OF IMPROVEMENTS. Lessee may secure private financing to provide funds required for the construction of the Improvements. No mortgage or other encumbrance the Lessee executes in connection with that financing (a "Leasehold Mortgage”) will extend to or be a lien or encumbrance upon Xxxxxx's interest in any part of the Premises or in any right appurtenant to that interest. Moreover, the Lessor has no obligation to subordinate the Lessor’s interest in the Premises to the lien or security interest of any mortgage or other encumbrance that Lessee may execute on the authority of this Article 11.03 (A).
FINANCING OF IMPROVEMENTS. (a) Upon prior written consent of City, CLUB shall have the right, during the Term hereof, to mortgage, encumber, hypothecate or otherwise enter into and execute loan security instruments involving CLUB's licensehold estate created by this Amended License. In the event that CLUB, pursuant to a mortgage, deed of trust or other instn1ment, mortgages or otherwise encumbers an interest in the licensehold estate, then in such event the Mortgagee or other secured party or pledge shall not become liable to perform the obligations of the CLUB under this Amended License unless and until said Mortgagee becomes the owner of the licensehold estate and, thereafter, said Mortgagee shall remain liable for such obligations, only so long as such Mortgagee remains the owner of the licensehold estate. All licensehold assignees who elect to become licensehold owners shall be entitled to benefits accorded CLUB herein.
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FINANCING OF IMPROVEMENTS. As a material condition to this Lease: (A) to secure construction and permanent financing for the Development Work associated with the Development, Tenant must obtain such construction and permanent loans (collectively, the “Financing”) and enter into all such loan and servicing agreements with respect thereto, together with any and all such further documents that may be required by the construction and permanent lender(s) and Landlord required for the financing, loan or the credit enhancement thereof, for the Development Work (collectively, the “Financing Documents”), subject to such review and approval as may be required pursuant to the Legal Requirements, as may be necessary to complete the Development; (B) Tenant and Landlord shall cooperate with the Permitted Leasehold Mortgagees and to promptly comply with any and all reasonable requests of the such lenders(s) in connection with the processing of Tenant’s application(s) for the Financing of the Development, including cooperation with all due diligence activities conducted by the lenders in connection therewith; and (C) Tenant and Landlord, if required by a lender, must participate in closing(s) for the construction and permanent financing of the Development, at which time(s), the Financing Documents will be executed and delivered to the appropriate parties.
FINANCING OF IMPROVEMENTS. CORPORATION is solely responsible for the cost and financing of any and all improvements and repairs regardless of the type and length of financing. CITY is not obligated and will not participate in capital improvement financing and will not provide any additional revenues for operations.
FINANCING OF IMPROVEMENTS. Nothing contained herein shall be construed to compel the City to enact legislation or to take any action either to allow cost recovery, form a community facilities district, improvement district, or other special taxing district, or to enact any other legislation or take any other action to provide financing for the Public Infrastructure or DIF Public Infrastructure to be constructed by Project Applicant. Should public funds be used to finance improvements as provided hereunder, Project Applicant shall comply with all applicable state laws governing the procurement of services related to the construction of public infrastructure for which reimbursement is sought, including the requirements of Title 34 of the Arizona Revised Statutes.
