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Agenda - Council - 02/14/2017
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Agenda - Council - 02/14/2017
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Meetings
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Agenda
Meeting Type
Council
Document Date
02/14/2017
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to an entity that operates a business; or Borrower is actively marketing the lease of the Property <br />or portions thereof to one or more businesses. <br />6.5 Business taxes and insurance. Borrower and Co -Borrower covenant to pay all taxes <br />associated with their business, including but not limited to income taxes, sales taxes, <br />employee taxes, and all other business related taxes, whether federal, state, county, <br />municipal, or imposed by any other governmental unit. Borrower and the Corporate <br />Guarantor Co -Borrower further covenant to maintain liability, hazard insurance policies in <br />coverages and with such endorsements as are reasonably satisfactory to Lender, and to pay <br />all worker's compensation and unemployment premiums or charges, when due, to maintain <br />all insurance policies and employment -related coverages in full force and effect throughout <br />the term of this Agreement. <br />PART 7. DEFAULT <br />7.1 Default defined. Default under this Agreement shall consist of anyone or more of the <br />following events: <br />a. Failure to pay when due any amount required of Borrower, Co -Borrower or any <br />Guarantor under this Agreement or under the Note, security agreement, or other loan <br />instrument or document executed in connection with this Agreement. <br />b. Failure to perform any act or deed required of Borrower, Co -Borrower or any <br />Guarantor or failure to refrain from any act prohibited, under this Agreement or <br />under any related instrument or document executed in connection with this <br />Agreement. <br />c. Failure of majority limited liability company membership interest holders of <br />Borrower and Co -Borrower to maintain their status as majority owners of Borrower. <br />d. Any warranty, representation, or statement made or furnished to Lender by or on <br />behalf of Borrower, Co -Borrower or any Guarantor which is false or misleading in <br />any material respect, either now or at the time made or furnished. <br />e. The dissolution or termination of Borrower's or Co -Borrower's existence as a going <br />business, insolvency, appointment of a receiver for any part of Borrower's, Co - <br />Borrower's or any Guarantor's property, any assignment for the benefit of creditors, <br />any type of creditor workout, or the commencement of any proceeding under any <br />bankruptcy or insolvency laws by or against Borrower, Co -Borrower or by or <br />against any Guarantor. <br />f. Failure to discharge taxes or other liens, other mortgages or charges levied or <br />assessed against the Collateral other than the lien (the second Mortgage) created <br />under this Agreement by the parties. <br />g. <br />Any other event defined as an event of default in any separate promissory note, <br />security agreement, mortgage or other instrument or document executed in <br />connection with this Agreement. <br />7 <br />
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