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§1808.611. Covenants of Eligible CDFI with respect to Bond and each Bond Loan.

12 C.F.R. § 1808.611

The Eligible CDFI shall covenant in the Bond Loan agreement that it will:
(a)
Furnish to the Qualified Issuer, at the Eligible CDFI's expense, certain annual and periodic financial and performance reporting;
(b)
Maintain books and records related to the Bond Loan and Secondary Loans, the collateral and the project that is to be financed by Bond Loan proceeds, and allow inspection thereof;
(c)
Preserve its corporate existence and Certified CDFI status;
(d)
Comply with all laws to which it is subject;
(e)
Maintain insurance, as required by the Qualified Issuer, against such risks as would customarily be maintained by commercially reasonable companies in a similar line of business;
(f)
Pay and discharge all Federal, State and local taxes;
(g)
Ensure proper use of proceeds of the Bond Loan;
(h)
Pay all required administrative expenses;
(i)
Indemnify the Guarantor, the CDFI Fund, the Qualified Issuer and the Master Servicer/Trustee and their Affiliates;
(j)
Collaterally assign all rights, title, and interest in and to Secondary Loan collateral to the Master Servicer/Trustee;
(k)
Maintain the collateral;
(l)
Enforce the covenants against the Secondary Borrowers;
(m)
Be bound, to the extent applicable, to provisions of the Bond Trust Indenture;
(n)
Periodically, as directed by the CDFI Fund, furnish certain information designed to measure the impacts of the Bond Loan and the CDFI Bond Guarantee Program;
(o)
Periodically, as directed by the CDFI Fund, furnish to the Qualified Issuer and/or the CDFI Fund updates to the Capital Distribution Plan; and
(p)
Comply with all other representations and warranties set forth in the Bond Loan documents.
Notes, amendments, and revision history

Authority

Authority: The Small Business Jobs Act of 2010, Pub. L. 111-240, §§ 1134 and 1703; 12 U.S.C. 4713a.

Source

Source: 78 FR 8310, Feb. 5, 2013, unless otherwise noted.