Investment Agreement Page 3

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definition of public welfare investments), files a bankruptcy petition or takes similar
action, is liquidated or dissolved or makes an assignment for the benefit of creditors, or
fails to maintain its status as a community development financial institution in accordance
with the provisions of 12 C.F.R. Sections 1805.200 and .701, as may be amended from
time to time.
6.
Financial Reporting. In addition to the quarterly report on investment
activity required in Section 3 of this Agreement, [HOUSING LOAN FUND] shall
undertake the following obligations in connection with this Agreement:
a.
Permit Investor Bank and any reasonable number of its officers or
employees, or any outside representatives designated by Investor Bank and
reasonably satisfactory to [HOUSING LOAN FUND], to attend meetings of
[HOUSING LOAN FUND]’s board of directors as an observer, and to visit and
inspect, at the expense of Investor Bank, any of the properties of [HOUSING
LOAN FUND], including their books and records, and to discuss their affairs,
finances and accounts with their officers, except with respect to trade secrets and
similar confidential information, to such reasonable extent and at such reasonable
times and intervals as Investor Bank may reasonably request without disruption of
[HOUSING LOAN FUND]’s operations.
b.
Deliver to Investor Bank (i) as soon as practicable after the end of each
fiscal quarter and in any event within forty-five (45) days thereafter, unaudited
financial statements, including a balance sheet, income statement and statement of
changes in cash flow; (ii) as soon as practicable after the end of each fiscal year
and in any event within one hundred and twenty (120) days thereafter, complete
audited financial statements, including a balance sheet, income statement and
statement of changes in cash flows, prepared in accordance with generally
accepted accounting principles and setting forth in each case in comparative form
the figures for the previous fiscal year; (iii) as soon as practicable and in any event
within thirty (30) days after filing thereof, the annual tax return of [HOUSING
LOAN FUND]; and (iv) any additional documents, including the budget of
[HOUSING LOAN FUND], reports of independent accountants and notices of an
event material to the business of [HOUSING LOAN FUND] that are sent to the
directors of [HOUSING LOAN FUND].
.
7.
General. The relationship of Investor Bank and [HOUSING LOAN
FUND] is that of debtor and creditor and does not constitute a partnership, joint venture,
or any other type of business organization. Neither party shall have any authority to act
on behalf of or obligate the other party and Investor Bank assumes no liability whatsoever
for any decision, action or omission taken by [HOUSING LOAN FUND] at any time prior
to, during or after the term of the investment described in this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date
specified above.
[INVESTOR NAME]
[ORGANIZATION NAME]
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