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Reso 2000-103
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Reso 2000-103
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Resolution
Document Date (6)
6/26/2000
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• GUARANTY CONTINUED PAGE 3 <br /> repeated and may be for longer than the original loan term; (b) to release, substitute, agree not to <br /> sue, or deal with any one or more of Borrower's sureties, endorsers, or other guarantors on any <br /> terms or in any manner Lender may choose; (c) to determine how, when and what application of <br /> payments and credits shall be made on the Indebtedness; (d) to apply such security and direct the <br /> order or manner of sale thereof, including without limitation, any nonjudicial sale permitted by <br /> the terms of the controlling security agreement or deed of trust, as Lender in its discretion may <br /> determine; (e) to sell, transfer, assign, or grant participations in all or any part of the <br /> Indebtedness; and (f) to assign or transfer this Guaranty in whole or in part. <br /> GUARANTOR'S REPRESENTATIONS AND WARRANTIES. Guarantor represents and <br /> warrants to Lender that (a) no representations or agreements of any kind have been made to <br /> Guarantor which would limit or qualify in any way the terms of this Guaranty; (b) this Guaranty <br /> is executed at Borrower's request and not at the request of Lender; (c) Guarantor has full power, <br /> right and authority to enter into this Guaranty; (d) the provisions of this Guaranty do not conflict <br /> with or result in a default under any agreement or other instrument binding upon Guarantor and <br /> do not result in a violation of any law, regulation, court decree or order applicable to Guarantor; <br /> (e) Guarantor has not and will not, without the prior written consent of Lender, sell, lease, assign, <br /> encumber, hypothecate, transfer, or otherwise dispose of all or substantially all of Guarantor's <br /> assets, or any interest therein; (f) upon Lender's request, Guarantor will provide to Lender <br /> financial and credit information in form acceptable to Lender, and all such financial information <br /> which currently has been, and all future financial information which will be provided to Lender <br /> is and will be true and correct in all material respects and fairly present the financial condition of <br /> .Guarantor as of the dates the financial information is provided; (g) no material adverse change <br /> has occurred in Guarantor's financial condition since the date of the most recent financial <br /> statements provided to Lender and no event has occurred which may materially adversely affect <br /> Guarantor's financial condition; (h) no litigation, claim, investigation, administrative proceeding <br /> or similar action (including those for unpaid taxes) against Guarantor is pending or threatened; (i) <br /> Lender has made no representation to Guarantor as to the creditworthiness of Borrower; and (j) <br /> Guarantor has established adequate means of obtaining from Borrower on a continuing basis <br /> information regarding Borrower's financial condition. <br /> GUARANTOR'S WAIVERS. Except as prohibited by applicable law, Guarantor waives any <br /> right to require Lender to (a) make any presentment, protest, demand, or notice of any kind, <br /> including notice of change of any terms of repayment of the Indebtedness, default by Borrower <br /> or any other guarantor or surety, any action or nonaction taken by Borrower, Lender, or any other <br /> guarantor or surety of Borrower, or the creation of new or additional Indebtedness; (b) proceed <br /> against any person, including Borrower, before proceeding against Guarantor; (c) proceed against <br /> any collateral for the Indebtedness, including Borrower's collateral, before proceeding against <br /> Guarantor; (d) apply any payments or proceeds received against the Indebtedness in any order; <br /> (e) give notice of the terms, time, and place of any sale of the collateral pursuant to the Uniform <br /> Commercial Code or any other law governing such sale; (f) disclose any information about the <br />
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