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05-27-2026 Council Packet
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05-27-2026 Council Packet
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<br />18 <br />Little Canada-Lupe - Borrower Loan Agreement - LC Apartments(199386221.3) - 5/12/2026 6:38:21 PM <br />Borrower in accordance with GAAP, and have a complete audit of such books of record and account made <br />by the Accountant for each Fiscal Year. <br />Section 6.9 Reporting Requirements. The Borrower will furnish or cause to be furnished to <br />the Controlling Person the following in form satisfactory to the Controlling Person and in such number of <br />copies as the Controlling Person may reasonably require: <br />(a) As soon as available and in any event within thirty (30) days after the close of each <br />fiscal quarter of each Fiscal Year of the Borrower: <br />(1) unaudited financial statements for the Borrower and the Project <br />Facilities, including a balance sheet and related statement of income as of the end of such <br />fiscal quarter and for such fiscal quarter and the current Fiscal Year to the end of such fiscal <br />quarter, which shall be internally prepared and presented on a consistent basis; <br />(2) a compliance statement signed by an Authorized Person or <br />designee of an Authorized Person stating that, except as disclosed in such certificate, (i) <br />during such fiscal quarter the Borrower has observed and performed all of its covenants <br />and agreements set forth in this Agreement and the other Funding Loan Documents <br />(including the rules qualifying the interest payable on the Governmental Note for federal <br />income tax exemption pursuant to Section 142(d) of the Code and the regulations issued <br />thereunder), except as disclosed in such certificate, (ii) if the Project Facilities have <br />received a tax credit allocation, during such fiscal quarter the Project Facilities have <br />complied with the requirements of Section 42 of the Code and the regulations issued <br />thereunder, and (iii) no Event of Default has occurred or exists; <br />(b) As soon as available and in any event within one hundred twenty (120) days after <br />the close of each Fiscal Year of the Borrower: <br />(1) audited financial statements for the Borrower, on a consolidated <br />basis, including a balance sheet and related statements of income and changes in financial <br />position as of the end of such Fiscal Year and for such Fiscal Year, which shall be prepared <br />and reported on without qualification by the Accountant in accordance with GAAP, and <br />shall fairly present the financial condition of the Borrower and the Project Facilities as of <br />the end of such Fiscal Year (with a draft of such financial statements delivered within <br />ninety (90) days of the close of such Fiscal Year); and <br />(2) a compliance statement signed by an Authorized Person or <br />designee of an Authorized Person stating that (i) during such Fiscal Year the Borrower has <br />observed and performed all of its covenants and agreements set forth in this Agreement <br />and the other Funding Loan Documents, except as disclosed in such certificate, and (ii) no <br />Default or Event of Default has occurred or exists, except as disclosed in such certificate; <br />(3) an occupancy report stating as of the last day of the month prior <br />to the date of delivery thereof, with respect to each lease of all or any part of the Project <br />Facilities, the tenant’s name, the date thereof, the premises demised, the term, the rent, the <br />security deposits, any advance rent payments in excess of one month and any defaults by <br />the tenant or the Borrower in respect thereof (including, without limitation, the amounts of <br />arrearages); and
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