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FIESTA MARKETPLACE PARTNERS (7)
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FIESTA MARKETPLACE PARTNERS (7)
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Last modified
9/4/2024 5:48:48 PM
Creation date
8/26/2024 3:02:04 PM
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Contracts
Company Name
FIESTA MARKETPLACE PARTNERS
Contract #
A-1986-080
Agency
Community Development
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(b) A loan commitment may specify contingencies or conditions which <br />must be satisfied before the closing of the loan, or the disbursement of loan <br />funds, but the oommmitment shall be an irrevocable commitment, enforceable by <br />the borrower upon satisfaction of all contingencies or conditions. <br />(c) Else opinion of Recipient's counsel shall certify that the <br />documents comply with Section 10.02; that Recipient's counsel has examined <br />into the authority of all parties to the loan wmeaitment and the acceptance, <br />and of all persons executing the loan commitment and acceptance on behalf of <br />the parties; and that said parties and persons were authorized to rake the <br />loan ccanitraent and acceptance. _ <br />(d) �Lhe opinion of Recipient's counsel shall state that, subject <br />only to such contingencies and conditions as are expressed in the documents, <br />the lending institution is irrevocably committed to loan, and the borrower to <br />accept upon the tems,and conditions specified, the principal amount specified <br />in the loan commitment; and that the loan ow nitment, and the acceptance, and <br />all of the terns and conditions of the loan conmitnent, and the loan, are <br />lawful and enforceable under the laws of the Recipient's State; and that the <br />documents conform to the provisions of this Crant Agreement, except in any <br />particulars specified in the opinion. <br />(e) If, under the terms of the loan commitment, the making of the <br />loan is contingent upon the happening of any condition precedent, then the <br />approval of the oommitrment by the Secretary as the evidence required under <br />this Crant Agreement may be conditioned by the Secretary upon the submittal <br />and acceptance of further evidence that such contingencies have been satisfied, <br />or that the contingencies have been otherwise removed, or that the loan has <br />closed. <br />(f) where evidence of a loan commitment is required to be submitted <br />to the Secretary under this [,rant Agreement, evidence of the actual closing of <br />the loan shall Le acceptable, in lieu of the foregoing, provided such evidence <br />canplies with Section 1.0.06. <br />Section 10.06 Evidence of Loans - Form <br />(a) Evidence of a loan having been made or closed shall be in the <br />form specified at :section 10.02; shall be on the letterhead of the lending <br />institution; shall state the principal amount of the loan, its purposes (interim <br />or permanent), and the authorized uses of loan funds; shall describe or identify <br />the security for the loan; shall state the term of the loan; shall identify all <br />parties to the loan; shall be executed by an authorized officer of the lending <br />institution; and shall have attached an opinion of recipient's counsel shade in <br />accordance with Section 10.03, certifying that the docunments comply with <br />Section 10.02, and that the officer of the lending institution was authorized <br />to execute the documents. <br />(b) Evidence of a loan having been made or closed may .also be suLmitted <br />in the form of copies of recorded notes, deeds, bonds, indentures and other <br />documents which comply with section 10.02 and which contain sufficient evidence, <br />including evidence of recordation, to enable the Secretary to determine the <br />matters specified above at subsection (a) of this Section 10.06 and that the <br />loan has been made or closed. <br />Section 1047 Evidence of_Liqui3 Assets - Form <br />Whenever a Participating Party is required to provide evidence of <br />liquid assets for -an activity in an amount and manner satisfactory and acceptable <br />to a lending institutiar, such evidence shall be in the form specified at <br />Section 16.02; shall be on the letterhead of the lending institution; shall <br />identify the Participating Party; and shall state that the Participating } <br />has on hand or inmediately available to the Participating Farty, liquid <br />assets of a value and in an amount satisfactory and acceptable to the lending <br />institution, and that the availability and use of the liquid assets for the <br />activity to be carried out by the Participating Party in connection with the <br />Project is assured to the satisfaction of the lending institution. 'The document <br />shall be executed by an authorized officer of the lending institution; and <br />shall have attached an opinion of Recipient's counsel, made in.accordance with <br />15 <br />Revised 6/81 <br />
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