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Agmt 2002 Citizens Housing Corporation
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Agmt 2002 Citizens Housing Corporation
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Last modified
9/24/2009 11:56:58 AM
Creation date
8/21/2009 3:02:03 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
5/6/2002
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PERM
Document Relationships
Inst 2002261091
(Reference)
Path:
\City Clerk\City Council\Recorded Documents\2002
Reso 2002-065
(Approved by)
Path:
\City Clerk\City Council\Resolutions\2002
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Loan Agreement <br />San Leandro and Citizens' Housing Corporation <br />Page 9 of 9 <br />any type; provided, however, that Developer shall have 30 days to discharge or provide adequate security <br />for any involuntary lien upon the Property. <br />SECTION 5.03 MERGER CONSOLIDATION, SALE OF ASSETS <br />Merge into or consolidate with any corporation or other entity, or acquire all or substantially all of the assets <br />of any other corporation or entity; or sell, lease, assign, transfer or otherwise dispose of all or substantially <br />all of Developer's assets. <br />SECTION 5.04 LOANS, ADVANCES, INVESTMENTS <br />Make any loan or advances to or investments in, any person or entity except those usually made in the <br />ordinary course of business. <br />ARTICLE VI: EVENTS OF DEFAULT <br />The Loan and the interest then accrued thereon, shall become and be immediately due and payable <br />pursuant to Section 1.01 upon the written demand of the City, without any other notice or demand of any <br />kind or any presentment or protest, if any one of the following events (hereinafter an Event of Default) shall <br />occur and be continuing at the time of such demand, whether voluntarily or involuntarily, or without <br />limitation, occurring or brought about by operation of law or pursuant to or in compliance with any judgment, <br />decree or order of any court or any body, provided, however, that such sum shall not be then payable if <br />Developer's payments have been waived, or time for making the Developer's payments has been extended <br />by the City. <br />SECTION 6.01 INCORRECT REPRESENTATION OR WARRANTY <br />Any representation or warranty contained in, or made in connection with the execution and delivery of this <br />Agreement, or in any certificate or statement furnished pursuant hereto, shall prove to have been incorrect <br />when made in any material respect. <br />SECTION 6.02 DEFAULT IN COVENANTS <br />Developer shall default in the performance of any other term, covenant, or agreement contained in this <br />Agreement, and such default shall continue unremitting for thirty (30) days after written notice thereof shall <br />have been given to the Developer by the City, provided, however, that if such default cannot reasonably be <br />cured in 30 days, Developer shall provide the City with a written explanation of proposed efforts to cure the <br />default and within five (5) days after approval of such explanation by the City, Developer shall commence to <br />cure and thereafter diligently pursuant such cure. <br />SECTION 6.03 VOLUNTARY INSOLVENCY <br />If the Developer shall become insolvent or shall cease to pay its debt as they mature or shall voluntarily file <br />a petition seeking reorganization of, or the appointment of a receiver, trustee, or liquidation far it or a <br />substantial portion of its assets, or to effect a plan or other arrangement with creditors, or shall be <br />adjudicated bankrupt, or shall make voluntary assignment for the benefit of creditors. <br />9 <br />
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