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Agenda - Council - 08/08/2017
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Agenda - Council - 08/08/2017
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Meetings
Meeting Document Type
Agenda
Meeting Type
Council
Document Date
08/08/2017
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6.5 Business taxes and insurance. Borrower covenants to pay all taxes associated with their business, <br />including but not limited to income taxes, sales taxes, employee taxes, and all other business related <br />taxes, whether federal, state, county, municipal, or imposed by any other governmental unit. <br />Borrower further covenants to maintain liability, hazard insurance policies in coverages and with <br />such endorsements as are reasonably satisfactory to Lender, and to pay all worker's compensation and <br />unemployment premiums or charges, when due, to maintain all insurance policies and employment - <br />related coverages in full force and effect throughout 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 following events: <br />7.1.1.Failure to pay when due any amount required of Borrower or any Guarantor under this <br />Agreement or under the Note, security agreement, or other loan instrument or document <br />executed in connection with this Agreement. <br />7.1.2.Failure to perform any act or deed required of Borrower or any Guarantor or failure to refrain <br />from any act prohibited, under this Agreement or under any related instrument or document <br />executed in connection with this Agreement. <br />7.1.3.Failure of majority limited liability company membership interest holders of Borrower to <br />maintain its status as majority owners of Borrower. <br />7.1.4.Any warranty, representation, or statement made or furnished to Lender by or on behalf of <br />Borrower or any Guarantor which is false or misleading in any material respect, either now or at <br />the time made or furnished. <br />7.1.5.The dissolution or termination of Borrower's existence as a going business, insolvency, <br />appointment of a receiver for any part of Borrower's or any Guarantor's property, any <br />assignment for the benefit of creditors, any type of creditor workout, or the commencement of <br />any proceeding under any bankruptcy or insolvency laws by or against Borrower or by or <br />against any Guarantor. <br />7.1.6.Failure to discharge taxes or other liens, other mortgages or charges levied or assessed against <br />the Collateral other than the lien created under this Agreement by the parties. <br />7.1.7.Any other event defined as an event of default in any separate promissory note, security <br />agreement, mortgage or other instrument or document executed in connection with this <br />Agreement. <br />7.1.8.Death of an Individual Guarantor to the extent life insurance assigned or pledged to the Lender, <br />or other sources of funds or security, are unavailable to reasonably substitute for the financial <br />security which the deceased Individual Guarantor had provided to the Lender with his/her <br />Guaranty during his/her life. <br />7.1.9.Any attempt by any Guarantor to revoke the guaranty or impair its enforceability. <br />7.2. Remedies. In the event default occurs, Lender may exercise anyone or more of the following rights <br />and remedies: <br />7.2.1.Declare the entire balance of the Loan referred to in this Agreement or any or all loans <br />governed by this Agreement as immediately due and payable. <br />6 <br />
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