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Resolution No 16-2024 - Related to Property Conveyance to McCormick Company Lathrop St.
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Resolution No 16-2024 - Related to Property Conveyance to McCormick Company Lathrop St.
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4/17/2025 3:39:21 PM
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5/14/2024 4:19:37 PM
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Board of Public Works
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Resolutions
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5/14/2024
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resulting either from a merger or consolidation of the <br />Lessee into or with another entity or a dissolution or <br />liquidation of the Lessee following a transfer of all <br />or substantially all of its assets as an entirety, <br />under the conditions permitting such actions contained <br />in Section 8.3 hereof. A default under this Section <br />10.1(c) shall not constitute an event of default so <br />long as the payments called for in Article V hereof are <br />made. <br />Section 10.2. Remedies on Default. Whenever any event <br />of default referred to in Section 10.1 hereof shall have <br />happened and be subsisting, the Lessor may take any one or <br />more of the following remedial steps: <br />(a) The Lessor or the Trustee as provided in the <br />Indenture may, at its option, after the continuance of <br />the event of default for thirty (30) days after written <br />notice given to the Lessee, specifying the event of <br />default, declare all installments of rent payable under <br />Section 5.3 hereof for the remainder of the Lease Term <br />to be immediately due and payable, whereupon the same <br />shall become immediately due and payable. If the <br />Lessor or the Trustee elects to exercise the remedy <br />afforded in this Section 10.2(a) and accelerate all <br />installments of rent payable under Section 5.3 hereof, <br />the amount then due and payable by the Lessee as acceler- <br />ated rent shall be the sum of: <br />(i) all principal payments of the Bonds then <br />outstanding and unpaid, and <br />(ii) all interest payments on the Bonds then <br />due, together with interest payments to become due <br />at the accelerated maturity date, and <br />(iii) any premium on the Bonds payable if the <br />Trustee elects or is required to declare all of <br />the principal of and interest on the Bonds imme- <br />diately due and payable under Section 1002 of the <br />Indenture. <br />(b) The Lessor, after the continuance of the <br />event of default for thirty (30) days after written notice <br />given to the Lessee specifying the event of default, <br />with the prior written consent of the Trustee, may re- <br />enter and take possession of the Project without <br />terminating this Lease, and sublease the Project for <br />the account of the Lessee, holding the Lessee liable <br />for the difference between the rent and other amounts <br />payal?le by such sublessee in such subleasing and the <br />rents and other amounts payable.by the Lessee hereunder. <br />40 299..,:243 <br />X-2 <br />
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