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14-20 Cedar Glen Bond Ordinance Addendums
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14-20 Cedar Glen Bond Ordinance Addendums
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3/18/2020 2:57:42 PM
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3/18/2020 2:55:23 PM
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
3/23/2020
Bill Number
14-20
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ARTICLE VII <br /> EVENTS OF DEFAULT AND REMEDIES <br /> Section 7.1. Events of Default. <br /> Each of the following shall be an Event of Default: <br /> (a) The Borrower shall fail to pay any Loan Payment on or prior to the date <br /> on which that Loan Payment is due and payable or within the Loan Payment Cure Period; <br /> (b) The Borrower shall fail to observe and perform any other agreement, term <br /> or condition contained in this Agreement and the continuation of such failure for a period <br /> of 30 days after written notice thereof shall have been given to the Borrower by the Issuer <br /> or the Trustee, or for such longer period as the Issuer and the Trustee may agree to in <br /> writing; provided, that if the failure is other than the payment of money and is of such <br /> nature that it can be corrected but not within the applicable period, that failure shall not <br /> constitute an Event of Default so long as the Borrower institutes curative action within <br /> the applicable period and diligently pursues that action to completion, which must be <br /> resolved within 180 days after the aforementioned notice; <br /> (c) The Borrower shall: (i) admit in writing its inability to pay its debts <br /> generally as they become due; (ii) have an order for relief entered in any case <br /> commenced by or against it under the federal bankruptcy laws, as now or hereafter in <br /> effect, which is not dismissed within 90 days; (iii) commence a proceeding under any <br /> other federal or state bankruptcy, insolvency, reorganization or similar law, or have such <br /> a proceeding commenced against it and either have an order of insolvency or <br /> reorganization entered against it or have the proceeding remain undismissed and unstayed <br /> for 90 days; (iv) make an assignment for the benefit of creditors; or(v)have a receiver or <br /> trustee appointed for it or for the whole or any substantial part of its property which <br /> appointment is not vacated within a period of 90 days; <br /> (d) Any representation or warranty made by the Borrower herein or any <br /> statement in any report, certificate, financial statement or other instrument furnished in <br /> connection with this Agreement or with the purchase of the Bonds shall at any time prove <br /> to have been false or misleading in any adverse material respect when made or given; and <br /> (e) There shall occur an "Event of Default" as defined in the Indenture or the <br /> Regulatory Agreement. <br /> Notwithstanding the foregoing, if, by reason of Force Majeure, the Borrower is unable to <br /> perform or observe any agreement, term or condition hereof which would give rise to an Event <br /> of Default under subsection (b) hereof, the Borrower shall not be deemed in default during the <br /> continuance of such inability. However, the Borrower shall promptly give notice to the Trustee <br /> and the Issuer of the existence of an event of Force Majeure and shall use its best efforts to <br /> remove the effects thereof; provided that the settlement of strikes or other industrial disturbances <br /> shall be entirely within its discretion. <br />
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