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10. No Limitation of Remedies. Nothing in this Agreement is intended to limit any rights, <br /> powers or remedies of City in enforcing the Loan Documents. Nothing herein shall constitute or be <br /> construed as a waiver of any rights or remedies of City under the Loan Documents, or at law or in <br /> equity. The Loan Documents are hereby confirmed and ratified in all respects. <br /> 11. Miscellaneous. Notwithstanding anything to the contrary contained in the Loan <br /> Documents, the City agrees as follows: <br /> 11.1 Any cure of any default made or tendered by one or more of Assignee's limited <br /> partners shall be deemed to be a cure by Assignee and shall be accepted or rejected on the same <br /> basis as if made or tendered by Assignee. Copies of all notices which are sent to Assignee under <br /> the Loan Documents shall also be sent to Assignee's limited partner at: <br /> U.S. Bancorp Community Development <br /> Corporation <br /> 1307 Washington Avenue, Suite 300 <br /> Mail Code: SL MO RMCD <br /> St. Louis, MO 63103 <br /> Attn.: Director of Project Management <br /> Phone: (314) 335-2600 <br /> Fax: (314) 335-2601 <br /> with a copy to: Kutak Rock LLP <br /> 1650 Farnam Street <br /> Omaha, NE 68102 • <br /> Attn: Jill H. Goldstein <br /> 11.2 Each of following transfers shall be permitted under the Loan Documents and <br /> shall not constitute a default thereunder: <br /> (a) transfers of the respective interests of Assignee's limited partner to any <br /> entity which is either(a) an affiliate of the limited partner or(b) which is controlled, directly or <br /> indirectly,by Assignee's limited partner or an affiliate thereof. <br /> (b) transfers of interests within Assignee's limited partner. <br /> (c) the removal or withdrawal in lieu of removal of a general partner of <br /> Assignee by its limited partner for cause in accordance with Assignee's partnership agreement <br /> and the replacement thereof by Assignee's limited partner or an affiliate thereof without the <br /> consent of the City or by another entity with the prior written consent of the City, which consent <br /> shall not be unreasonably withheld. <br /> (d) execution of a purchase option and/or right of first refusal agreement by <br /> the Assignee's general partner or an affiliate, to be exercised following expiration of the fifteen- <br /> year"compliance period" as defined in and determined in accordance with Section 42(i) of the <br /> Internal Revenue Code of 1986, as amended("Code"). <br /> 4 <br /> Assignment and Modification—50k AH <br />