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Agenda - Council - 09/27/2011 - Special
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Agenda - Council - 09/27/2011 - Special
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3/18/2025 2:18:11 PM
Creation date
9/28/2011 2:42:06 PM
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Meetings
Meeting Document Type
Agenda
Meeting Type
Council
Document Title
Special
Document Date
09/27/2011
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EXHIBIT A <br />FORM OF DRAW REQUEST AND <br />DRAW REQUEST CERTIFICATION <br />F & C Ramsey, LLC, an Indiana limited liability company ( "Developer "), hereby certify <br />as follows (all terms not otherwise defined herein having the meanings set forth in the Loan <br />Agreement (as amended from time to time, the "Loan Agreement ")) dated <br />2011, between the Developer and The Housing and Redevelopment Authority in and for the City <br />of Ramsey, Minnesota, a public body politic and corporate under the laws of the State of <br />Minnesota ( "HRA "): <br />(a) At the date hereof no suit or proceeding at law or in equity, and no <br />notice has been received that any investigation or proceeding of any governmental body <br />has been instituted or, to the knowledge of Developer, is threatened, which in either case <br />could have a material adverse effect on the financial condition or business operations of <br />Developer. <br />(b) At the date hereof, no default or event of default (other than any <br />attributable to HRA) under the Loan Agreement or under any of the other Loan <br />Documents has occurred and is continuing, and no event has occurred which, upon the <br />service of notice and /or the lapse of time, would constitute an event of default thereunder, <br />except the following: <br />(c) The representations and warranties set forth in Article V of the <br />Loan Agreement are hereby reaffirmed and restated, and Developer represents and <br />warrants to HRA that the same are true, correct and complete on the date hereof, except <br />as to the following: <br />(d) No material adverse change has occurred in the financial condition <br />or in the assets or liabilities of Developer from those set forth in the latest financial <br />statements for each furnished to HRA, except the following: <br />(e) The progress of construction of the Project is such that it can be <br />completed on or before the Completion Date specified in the Loan Agreement for the cost <br />originally represented to HRA, except for the following: <br />(f) The Loans, as of the date hereof, are in balance as required by the <br />Loan Agreement, and the undisbursed proceeds of the Loans, including the Advance <br />requested herein, together with undisbursed proceeds of Developer's loan from <br />are adequate and sufficient to pay for all labor, materials, <br />equipment, work, services and supplies necessary for the completion of the Minimum <br />Improvements to which such Advance relates, including the installation of all fixtures <br />and equipment required for the operation of the completed Project, except for the <br />
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