Consent and Authorization for the Release of Information
The individual(s) or company (the “Business”) submitting a pre-application or full application for a loan (“Loan”) under the California Rebuilding Fund, LLC (“Fund”) program will, by doing so, consent to and authorize, on behalf of both the Business and all individual(s) holding more than a 20% interest in the Business, each Permitted Person (as defined below) to disclose and share (a) any information submitted by the Business in any pre-application, full application, or otherwise, whether electronically, orally, in writing or by other means, for or relating to any Loan requested by the Business and (b) any information relating to the servicing and/or the performance of any Loan provided to the Business (collectively, the information described in (a) and (b) above, the “Information”) to any individual, entity, organization, or federal, state or local governmental unit, for any Permitted Purpose (as defined below). The Business understands, acknowledges and agrees that this consent and authorization is a critical element of the Fund’s program and, accordingly, that this consent and authorization is (i) permanent (e.g., will not terminate upon the approval or denial of a Loan or upon the full or partial repayment of a Loan), and (ii) irrevocable.
For purposes of the foregoing, “Permitted Person” means: the Fund; Kiva Microfunds; Kiva Capital Management, LLC, or any subsequent manager or administrator for the Fund; the Fund’s Governance & Allocation Committee and each of its members; the California Rebuilding Loan Application Portal (“Portal”); any host of the Portal; any Community Development Financial Institution or other lender that reviews, approves, or funds an application for a Loan; any servicer and/or sub-servicer of a Loan; Calvert Impact Capital, Inc., or any subsequent arranger for the Fund; Community Reinvestment Fund, USA, or any subsequent technology services provider for the Fund; any individual, entity or organization providing capital, loans or grants to the Fund; any special purpose vehicle or other entity or organization that purchases, receives or otherwise acquires, directly or indirectly, any interest in one or more Loans; any credit facility and any credit facility collateral agent participating in the Fund’s program; the California Infrastructure and Economic Development Bank and any other federal, state or local governmental unit participating in the Fund’s program; any other individual, entity or organization participating in the offering of the Fund’s program; any successor to any of the foregoing; or any officer, director, manager, employee, committee member, contractor, agent, or representative of any of the foregoing.
For purposes of the foregoing, “Permitted Purpose” means the providing to or use of any Information: by any investor, lender, or grant making individual, entity or organization, for or relating to the purposes of the Fund’s program; for the implementation of the Fund’s program; by the California Infrastructure and Economic Development Bank; in connection with the preparation of reports, studies or disclosures to or by the California Infrastructure and Economic Development Bank, or any other federal, state or local governmental units for or relating to the purposes of the Fund’s program, whether or not specifically required by statute, rule, regulation or ordinance; for any research, analysis or studies to implement or facilitate the Fund’s program; for the development or improvement of any software, hardware or other technology that may be used to implement or facilitate the Fund’s program; for any recommended or required record-keeping or reporting functions relating to the Fund’s program; or as reasonably requested or required under applicable law, regulation, stock exchange rule or by legal, judicial, regulatory or administrative process (by oral questions, interrogatories, requests for information or documents in legal proceedings, subpoena, civil investigative demand or other similar process).