Agenda - Economic Development Authority - 06/13/2019

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ARTICLE IV EVENTS OF DEFAULT Section 4.1. Events of Default Defined. The following shall be "Events of Default" under this Agreement and the term "Event of Default" shall mean whenever it is used in this Agreement any one or more of the following events: (1) Failure by the Developer or the Tenant to timely pay any ad valorem real property taxes and special assessments levied against the Development Property and all public utility or other City payments due and owing with respect to the Development Property. (2) Failure of the Developer or the Tenant to observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement. (3) The holder of any mortgage on the Development Property or any improvements thereon, or any portion thereof, commences foreclosure proceedings as a result of any default under the applicable mortgage documents. (4) If the Developer or Tenant shall: (a) file any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the United States Bankruptcy Act of 1978, as amended or under any similar federal or state law; or (b) make an assignment for the benefit of their creditors; or (c) admit in writing its inability to pay their debts generally as they become due; or (d) be adjudicated a bankrupt or insolvent; or if a petition or answer proposing the adjudication of the Developer or the Tenant as bankrupt or their reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within sixty (60) days after the filing thereof; or a receiver, liquidator or trustee of the Developer, or of the Project, or part thereof, shall be appointed in any proceeding brought against the Developer or Tenant, and shall not be discharged within sixty (60) days after such appointment, or if the Developer or Tenant, shall consent to or acquiesce in such appointment. Section 4.2. Remedies on Default. Whenever any Event of Default referred to in Section 4.1 occurs and is continuing, the City, as specified below, may take any one or more of the following actions after the giving of thirty (30) days' written notice to the Developer and the Tenant, but only if the Event of Default has not been cured within said thirty (30) days: (1) The City may suspend its performance under this Agreement and the TIF Note until it receives assurances from the Developer or the Tenant, deemed adequate by the City, that 9 11750570v4