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6.3 EDSR 07-20-2015
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6.3 EDSR 07-20-2015
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7/17/2015 8:48:44 AM
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(e) All information, financial or other, which has been submitted by Borrower <br /> the personal guarantors and the Entity Guarantor in connection with the Loan is true, <br /> accurate and complete in all material respects. <br /> (f) Entity Guarantor is under common ownership. <br /> 14. Indemnification. Borrower agrees to indemnify Lender and save it harmless <br /> against all loss, liability, expense, or damages including but not limited to attorneys' fees, which <br /> may arise by reason of the assertion of any lien against the Loan Property or the Equipment. <br /> Borrower will indemnify and hold Lender harmless from any damages Lender may suffer or <br /> incur from Borrower's breach of its covenant in Section 12(h). <br /> 15. Defaults. Each of the following shall constitute an Event of Default: <br /> (a) If Borrower or Entity Guarantor abandons the Loan Property. <br /> (b) Bankruptcy, reorganization, assignment, insolvency or liquidation <br /> proceedings, or other proceedings for relief under any applicable bankruptcy law or other <br /> law for relief of debtors are instituted by or against Borrower and, if such proceedings are <br /> instituted against Borrower, an order, judgment or decree, without the consent of <br /> Borrower appointing a trustee or receiver for Borrower or any part of its property or <br /> approving a petition under the bankruptcy laws of the United States or any similar laws <br /> of any state or other competent jurisdiction, shall have remained in force undischarged or <br /> unstayed for a period of thirty(30) days. <br /> (c) Any judgment, attachment, garnishment or other similar process is entered <br /> against Borrower or against any property or assets of Borrower and is not released, <br /> satisfied or discharged or bonded to Lender's satisfaction within thirty(30) days of entry. <br /> (d) Any of the terms, covenants or conditions of any permit or other <br /> agreement issued or made by the City or other governmental body having jurisdiction <br /> over the Loan Property are not complied with within the time required thereby or are <br /> terminated or modified by the City or such other governmental body and Borrower has <br /> not taken or has not caused the Entity Guarantor to take the necessary steps to correct or <br /> cure the same within thirty(30) days after written notice is given by Lender. <br /> (e) Any mechanic's or material supplier's lien is filed, against the Loan <br /> Property and is not released, satisfied or discharged or bonded to Lender's satisfaction, <br /> subject, however, to Borrower's right to contest the same in accordance with the <br /> provisions of the Security Agreement. <br /> (f) A transfer which violates by Paragraph 9 hereof, Encumbrances and <br /> Transfer, occurs. <br /> (g) Borrower: (i) fails to pay any amount due under this Agreement, the Note, <br /> the Mortgage when due; (ii) fails to perform any other obligation to be performed under <br /> 7 <br /> 464429v2 EL1 85-33 <br />
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