that it was in the if you look back at the deposit language and current find it says you know you get a thirty day due diligence period but after that time is expired the money is never going to be refunded do i do not understand how you can see here you have a real estate purchase agreement there is a deposit put down and the deal is not go forward how do you get understand how this process works in do you have to get to the end of the application process and have you get word of the tax credits before you feel a little bit of need to go through with this not necessarily this many places where that could have stopped eligible it says right in the appraisal that they assumed eligibility they didn't determine it independently it's on the way that that i interpreted data i find it incredible that somebody would have an appraisal prepared negotiating position all of the nine million dollars in tax credits and then say well this is just all based on funny numbers we really haven't made a determination yet as to whether or not we're eligible let alone whether or not we're actually going to receive the tax returns i think that under the rules that any person call you he body else can make a determination eligibility based upon the written criteria if you have a certain number of lonely income personnel if your community has a certain number of lol we'll come people those are the sorts of things that themselves on a deal unless and until they knew they can place those hands i think they could go off if you had made a determination that they felt very comfortable with the eligibility of this project and had had pursued century pacific to purchased those tax credits and had that lined up in advance in anticipation of receiving approval from  i had interpreted the language as being favorable interpretation to call for you to move forward so in other words you read let me ask you this right here  some evidence and have the motion for a hearing on the motion for summary judgment to show that it had made a visit in terminations of eligibility and then found that it was not eligible but you didn't make it showing  value is true because under the language of the deposit if you look at paragraph ah it says they put the two hundred thirty thousand dollars into escrow and if they don't terminate your golf you does not terminate within the thirty day you're not terminated because of the survey issues and if they even so are not able to obtain financing even so the two hundred thirty thousand dollars subject to paragraph three where it says that if there is a view terminations made by gulf of you that it is not eligible to receive a tax credit dollars of the deposit shall be nonrefundable to wire except in the event of the seller of the fault so that even if they didn't get the financing for the twenty two million dollars they have still given up on the two hundred thirty thousand between paragraph three recycles and now what i think with the trial court was saying was that you can have a situation where the the buyer call you does not obtain the tax exempt bond financing so they don't have the money to pay the twenty two million and invest they don't have to purchase the property they merely give up the earnest money of two hundred thirty thousand however when you look at paragraph ten you have read where it says the determination of eligibility and once they determine that they are eligible then they have to if this project is going to be eligible or is eligible and would receive a tax credit line to raise cash at the beginning of the project where they take the real estate taxes that would be otherwise assessed against the property and are able to then sell that to a buyer and then the  able to use that as a credit against his own real estate taxes and then there's a market for that but that's different than going out and borrowing money and they sell the tax credits they take the cash in their use that for development so when  is that they were not able to obtain the new tax credit financing that does not mean they were not eligible for the tax credit poignancy there's a limited amount of tax credit financing that's determined by the right across the country you know how much is going to be allocated to each state each state makes its own now location of what that amount is going to be to various eligible applicants not all the