Laserfiche WebLink
or imposition of any liens,charges,or encumbrances whatsoever upon any of the property or assets <br /> of Borrower under the terms of any instrument or agreement. <br /> (f) The execution, delivery and performance by the Borrower of this Loan Agreement <br /> and the Series 2023 Note do not require the consent or approval of the giving of notice to, the <br /> registration with, or the taking of any other action in respect of, any federal, state or other <br /> governmental authority or agency, not previously obtained or performed. <br /> (g) Assuming the due authorization,execution and delivery thereof by the other parties <br /> thereto,this Loan Agreement and the Series 2023 Note have been duly executed and delivered by <br /> the Borrower and constitute the legal, valid and binding agreements of the Borrower, enforceable <br /> against the Borrower in accordance with their respective terms, except as may be limited by <br /> bankruptcy, insolvency or other similar laws affecting the enforcement of creditors' rights in <br /> general. <br /> (h) There are no actions, suits or proceedings pending, or, to the knowledge of the <br /> Borrower,threatened, before any court, administrative agency or arbitrator which, individually or <br /> in the aggregate, might result in any material adverse change in the financial condition of the <br /> Borrower or might impair the ability of the Borrower to perform its obligations under this Loan <br /> Agreement or the Series 2023 Note. <br /> (i) No event has occurred and is continuing which with the lapse of time or the giving <br /> of notice would constitute an event of default under this Loan Agreement or the Series 2023 Note. <br /> (j) Upon the Mandatory Project Completion Date,as evidenced by a written Certificate <br /> of Completion,to be delivered to the Controller,the Series 2023 Note will be forgiven. <br /> Section 2.3. Series 2023 Note. Concurrently with the execution and delivery hereof,the <br /> City is authorizing the Loan to the Borrower and will fund the Loan upon execution of the <br /> Development Agreement. The Loan is being evidenced by the execution and delivery by the <br /> Borrower of the Series 2023 Note substantially in the form attached hereto as Exhibit A. <br /> (End of Article II) <br /> 7 <br /> 4865-5920-9350.2 <br />