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Reso 1998-012
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Reso 1998-012
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Resolution
Document Date (6)
2/2/1998
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SECTION 5.05 CHANGE THE PROTECT Permit nor suffer to exist any material change in <br />the project's plans and/or specifications submitted to the LENDER. <br />SECTION 5.06 LOANS, ADVANCES, INVESTMENTS Make any loan or advances to or <br />investments in, any person or entity except those usually made in the ordinary course of business. <br />The entire unpaid principal of the PROMISSORY NOTE, and the interest then accrued <br />thereon, shall become and be immediately due and payable upon the written demand of the <br />LENDER, without any other notice or demand of any kind or any presentment or protest, if any one of <br />the following events (hereinafter an EVENT OF DEFAULT) shall occur and be continuing at the time of <br />such demand, whether voluntarily or involuntarily, or without limitation, occurring or brought about <br />by operation of law or pursuant to or in compliance with any judgment, decree or order of any court <br />or any body, provided, however, that such sum shall not be then payable if BORROWER's payments <br />have been waived, or time for making the BORROWER's payments has been extended by the <br />LENDER: <br />SECTION 6.01 NON-PAYMENT OF LOAN If the BORROWER shall fail to make payment <br />when due of any installment of principal on the PROMISSORY NOTE, or interest accrued thereon, <br />and if the default shall remain unremitting for thirty (30) days. <br />SECTION 6.02 INCORRECT REPRESENTATION OR WARRANTY Any representation or <br />warranty contained in, or made in connection with the execution and delivery of this AGREEMENT, <br />or in any certificate or statement furnished pursuant hereto, shall prove to have been incorrect when <br />made in any material respect. <br />SECTION 6.03 DEFAULT IN COVENANTS The BORROWER shall default in the <br />performance of any other term, covenant, or agreement contained in this AGREEMENT, and such <br />default shall continue unremitting for thirty (30) days after the earliest of either (1) it becomes known <br />to an executive officer of the BORROWER; or (2) written notice thereof shall have been given to the <br />BORROWER by the LENDER. <br />SECTION 6.04 OTHER A R FMFNTS Default by BORROWER under the terms of any <br />agreement or instrument pursuant to which BORROWER has borrowed money from any person. <br />SECTION 6.05 VOLUNTARY INSOLVENCY If the BORROWER shall become insolvent or <br />shall cease to pay its debt as they mature or shall voluntarily file a petition seeking reorganization of, <br />or the appointment of a receiver, trustee, or liquidation for it or a substantial portion of its assets, or to <br />effect a plan or other arrangement with creditors, or shall be adjudicated bankrupt, or shall make a <br />voluntary assignment for the benefit of creditors. <br />SECTION 6.06 INVOLUNTARY INSOLVENCY If an insolvency petition shall be filed <br />against the BORROWER under any bankruptcy, insolvency, or similar law or seeking the <br />reorganization of or the appointment of any receiver, trustee, or liquidator for the BORROWER, or of <br />a substantial part of the property of the BORROWER, or a writ or warrant of attachment or similar <br />process shall be issued against a substantial part of the property of the BORROWER, and such petition <br />shall not be dismissed, or such writ or warrant of attachment or similar process shall not be released or <br />bonded, within thirty (30) days after filing of levy. <br />Loan Agreement Page 8 of 11 <br />
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