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R99-187 AUTHORIZING THE ISSUANCE AND SALE OF ECONOMIC DEVELOPMENT REVENUE BONDS
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R99-187 AUTHORIZING THE ISSUANCE AND SALE OF ECONOMIC DEVELOPMENT REVENUE BONDS
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4/7/2016 9:29:42 AM
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Resolution/Ordinance
Res Ord Num
R99-187
Res Ord Title
AUTHORIZING THE ISSUANCE AND SALE OF ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 1999, AUTHORIZING EXECUTION OF A LOAN AGREEMENT, AN ASSIGNMENT AND AGREEMENT, AND A BOND PURCHASE AGREEMENT
Approved Date
11/1/1999
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Assignment of Rents and Leases, the Arbitrage Regulation Agreement and the Notes. The <br /> Assignee may request inspection prior to any disbursement of the Bond proceeds hereafter made. <br /> Neither the Company nor any third party shall have the right to use or rely upon the reports of the <br /> inspection, for any purpose. Neither the Issuer nor the Assignee shall be required to exercise such li <br /> right of entry and access. ' <br /> Section 6.2. Financial Statements. <br /> Within one hundred twenty (120) days after the end of each Fiscal Year, the Company <br /> shall furnish the Assignee with copies of its audited financial statements for each of its Fiscal <br /> Years accompanied by a letter from the Company's accountant in a form satisfactory to the <br /> Assignee stating that the Assignee may rely upon such audited financial statement and a certificate <br /> of its President or chief financial officer stating: <br /> (i) That the information contained in such statements is true and correct; and <br /> ii That, to the best of his knowled e after a reasonable investi ation no Default exists <br /> � ) S g , � <br /> or if there is such a Default, specifying the nature and period of existence thereof and what action, <br /> if any, the Company is taking or proposed to take with respect thereto. <br /> The Company shall also furnish monthly internal financial statements within twenty (20) <br /> days of the end of each calendar month and shall also promptly furnish the Assignee such <br /> additional information as may be requested by the Assignee. The Company represents that all <br /> financial information furnished to the Assignee will be accurate and not misleading in any material <br /> respect. The Assignee may release such financial statements to any Bondholder requesting them. <br /> Section 6.3. Additional Indebtedness. <br /> The Company covenants that during the term of the Bonds it will not undertake any <br /> additional indebtedness, the original principal amount of which exceeds Twenty Five Thousand <br /> Dollars ($25,000) without the prior written consent of the Assignee and Original Purchaser of the <br /> Bonds, which shall not be unreasonably withheld, except that, the Company may undertake <br /> indebtedness in the ordinary course of business. For the purposes of this paragraph "indebtedness <br /> in the ordinary course of business" shall include (i) trade accounts payable, (ii) accrued salaries <br /> and wages including all taxes in connection therewith, (iii) accrued property taxes, (iv) accrued <br /> interest on the Bonds and (v) normal and customary maintenance expenses. <br /> Section 6.4. Indemnification. <br /> To the extent permitted by law, the Company will protect, indemnify and hold harmless <br /> the Issuer from and against all liabilities, obligations, claims, damages, penalties, cause of action, <br /> costs and expenses (including all reasonable attorney fees, costs and expenses of defending against <br /> same) incurred by, imposed upon or asserted against the Issuer for any reason in connection with <br /> this Loan Agreement, the Mortgage, the Assignment of Rents and Leases, the Project, the Note, <br /> the Bonds or the Arbitrage Regulation Agreement, including (a) any loss or damage to the <br /> property, or injury to or death of any person, that may be occasioned by any cause or condition <br /> 34 <br />
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