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6.3. EDSR 12-21-2015
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6.3. EDSR 12-21-2015
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Agreement, the Note, the Security Agreement, and any other document to be <br />executed by Borrower pursuant to this Agreement. <br />(h) Source of Funds Certificate. Deliver to Lender a source of funds <br />certificate ("Source of Funds Certificate"), in a form acceptable to Lender, <br />verified on oath by an officer of Borrower showing the itemized breakdown of the <br />source and amounts of the "Project Funds", including, without limitation, <br />Borrower's equity contribution, and any Other Financing. Not less than fifty <br />percent (5001a) of the Project funds must come from a source other than the Loan <br />proceeds. <br />(h) Escrow Agreement. Deliver to Lender the Escrow Agreement, as <br />defined in Section 5 below. <br />Lender may waive any of the above requirements in its sole discretion. <br />5. Disbursement of Loan. Within two (2) business days after receipt by <br />Lender of all of the items required pursuant to Section 4 above, in the form and condition <br />required therein, Lender agrees to disburse the Loan proceeds into the escrow account set <br />up pursuant to the Escrow Agreement by and among Lender, Borrower and Sherburne <br />County Abstract ("Escrow Agent"). The Escrow Agreement shall be in form and content <br />reasonably acceptable to the parties and shall provide, among other things, that: (a) <br />Escrow Agent shall not be obligated to release all or any portion of the Loan proceeds <br />until it has a copy of the Bill of Lading for the Equipment and such other proof of <br />delivery thereof as Escrow Agent may require in its reasonable business judgment; (b) <br />that Escrow Agent shall pay all such funds directly to Hegman Machinery (the party <br />selling the Equipment to Borrower); and (c) that if Borrower does not comply with <br />section 15(f) of this Agreement, that Escrow Agent may return the Loan proceeds to <br />Lender in reliance upon a written request from Lender. <br />6. Forgivable Loan Requirements and Covenants. <br />(a) Loan Forgiveness Program. This Loan is made pursuant to the <br />Lender's Forgivable Loan Program. From and after the Closing Date through and <br />until the Conversion Date (as defined below), Borrower shall not be required to <br />make any payments of principal or interest, though interest shall accrue at the <br />interest rate set forth in the Note. <br />(b) Reporting. On each anniversary of the Closing Date, Borrower <br />shall provide an annual report in a form acceptable to Lender, certified by an <br />officer of Borrower, reporting: (i) the number of jobs created by Borrower; (ii) <br />the hourly wage paid to each position; (iii) average weekly hours worked by each <br />employee; and (iv) the location of the business, and each annual reports shall have <br />the pay stubs for each employee attached. <br />-3- <br />
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