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04-24-14 Redevelopment Commission Meeting
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6C(2)
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1. Collateral Assignment. The Assignor grants, transfers and assigns to the Lender, its <br /> successors and assigns, the Environmental Agreement, together with any and all amendments, <br /> extensions, modifications, supplements, and all rights of the Assignor therein, to have and to hold unto <br /> the Lender as security for the full performance of the Loan under the Loan Documents and any <br /> amendments, extensions, renewals and increases of or to the Loan, and all future loans owing by DSM <br /> or the Assignor and secured by an interest in the Ivy Tower Building to the Lender or to any other direct <br /> or indirect subsidiary of Lender, and all costs and expenses of Lender incurred in the documentation, <br /> negotiation, modification, enforcement, collection and otherwise in connection with any of the <br /> foregoing, including reasonable attorneys' fees and expenses (hereinafter referred to collectively as the <br /> "Obligations"). The Assignor agrees that the Lender shall have the rights stated in this Collateral <br /> Assignment with respect to the Environmental Agreement, in addition to the other rights that the Lender <br /> may have by law. <br /> 2. UCC Financing Statement. To perfect its security interest in this Collateral Assignment, <br /> Lender may file a financing statement with the Indiana Secretary of State, in accordance with applicable <br /> Indiana law until such time as all Loan Documents are fulfilled. <br /> 3. Performance of Environmental Agreement by Assignor. The Assignor agrees to faithfully <br /> abide by,perform and discharge each and every obligation of the Environmental Agreement that is to be <br /> performed by the Assignor. The Assignor shall use its best efforts to enforce or secure the performance <br /> of each and every term of the Environmental Agreement. The Assignor agrees to provide prompt <br /> written notice to the Lender of the occurrence or existence of any default by any party to the <br /> Environmental Agreement. <br /> 4. Power to Modify or Assign the Environmental Agreement. The Assignor hereby <br /> expressly releases, relinquishes and surrenders all of the Assignor's right,power and authority to amend, <br /> modify, release, terminate or in any way alter the Environmental Agreement without the Lender's prior <br /> written consent, which consent shall not be unreasonably withheld or delayed, and any attempt on the <br /> part of the Assignor to exercise any such right, power or authority without the Lender's prior written <br /> consent shall constitute a default hereunder. The Assignor will not make additional assignments of the <br /> Environmental Agreement or any part thereof without the Lender's prior written consent, which consent <br /> shall not be unreasonably withheld. <br /> 5. Lender's Right to Enforce and Perform Under Environmental Agreement. The Lender, <br /> in addition to its rights and remedies under the other Loan Documents and applicable law may, at its <br /> option, without notice to or demand upon the Assignor and without waiving or releasing any Obligation, <br /> irrespective of whether declaration of default under any Loan Document has been made and without <br /> regard to the adequacy of security for the Obligations, either in person or by agent with or without <br /> bringing any action or proceeding or by a receiver to be appointed by a court,to the extent permitted by <br /> law, make, cancel, enforce, modify, or cure defaults in the Assignor's performance under the <br /> Environmental Agreement, negotiate with the Contracting Party and do any and all other acts which the <br /> Lender deems necessary to protect the security hereof and the lien hereof. <br /> 6. Lender Not Obligated to Perform. This Collateral Assignment is given only as collateral <br /> security, and the Lender shall not be obligated to perform or discharge any obligation or liability of the <br /> Assignor under the Environmental Agreement. No action or inaction of the Lender under or in <br /> connection with the Environmental Agreement shall in any manner release the Assignor from its <br /> obligations under this Collateral Assignment or the Obligations. <br /> -2- <br />
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