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6.3. EDSR 12-21-2015
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6.3. EDSR 12-21-2015
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and such other types of insurance as are reasonably required by Lender <br />from time to time, including, without limitation, the coverages expressly <br />required by the Security Agreement, insuring Lender and Borrower with <br />coverages, in amounts and with companies satisfactory to Lender. A copy <br />of the policy or policies or duly executed certificate or certificates for such <br />insurance and renewals or replacements thereof shall be deposited with <br />Lender. <br />(c) Pay Charges. Immediately pay: (i) One percent (1%) processing fee (if <br />not already paid); (ii) all of Lender's attorneys' fees; and (iii) all loan <br />charges including, but not limited to, filing fees of the Security Agreement <br />and any other instruments required under this Agreement, except to the <br />extent otherwise payable by Lender. <br />(d) Copies of Contracts. Furnish Lender from time to time as reasonably <br />requested by Lender, copies of the contracts relating to the purchase of the <br />Equipment together with estimated costs of the Equipment. <br />(e) Continual Operation. At all times while any portion of the Loan remains <br />outstanding, Borrower will: (i) maintain its status as a for profit entity; <br />(ii) maintain a positive net worth; and (iii) will operate its business from <br />the Loan Property in a first class manner. <br />(1) Default Notices. Provide Lender with a copy of any default notice <br />received pursuant to the Other Financing, promptly after receipt of the <br />same. <br />(g) Title to Equipment. Borrower owns or will own all of the Equipment "free <br />and clear," that Lender will have a "first position" lien in the Equipment <br />pursuant to the Security Agreement and that no other party has any right, <br />title or interest in the Equipment, except those security interests in the <br />Equipment in favor of the Bank, which are and shall at all times be <br />subordinate to Lender's security interest in the Equipment. <br />(h) Debt Service Coverage Ratio. Borrower is able to comply with the <br />requirements set forth in section 6(aa) of the Other Financing document <br />entitled "Commercial Loan Agreement," regardless of whether such <br />agreement remains in force. <br />(i) Positive Net Worth. On each anniversary of the Closing Date, Borrower <br />shall provide interim financial statements (to date) of Borrower consisting <br />of at least statements of income, cash flow, and a balance sheet such year <br />to date, setting forth in each case in comparative form corresponding <br />figures from the previous fiscal year, which statements shall be certified <br />by Borrower as true, correct and complete. In each such interim financial <br />statement, Borrower must show a positive net worth. <br />I M, <br />
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