6.9 EDSR 01-19-2016 - Laserfiche WebLink

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valid and binding obligations of the Borrower and the Entity Guarantor enforceable in accordance with their respective terms. (e) No litigation, tax claims or governmental proceedings are pending or threatened against the Borrower, the Entity Guarantor or the Loan Property, and no judgment or order of any court or administrative agency is outstanding against the Borrower, the Entity Guarantor or the Loan Property which would have a material adverse effect on Borrower, the Entity Guarantor or the Loan Property. (d) Borrower and the Entity Guarantor have filed all tax returns (federal and state) required to be filed for all prior years and paid all taxes shown thereon to be due, including interest and penalties. Borrower and the Entity Guarantor will file all such returns and pay all such taxes for the current and future years. (e) All information, financial or other, which has been submitted by Borrower, the personal guarantors, and the Entity Guarantor in connection with the Loan is true, accurate and complete in all material respects, (f) Entity Guarantor is under common ownership. 12. Indemnification. Borrower agrees to indemnify Lender and save it harmless against all loss, liability, expense, or damages including but not limited to attorneys' fees, which may arise by reason of the assertion of any lien against the Loan Property or the Equipment. Borrower will indemnify and hold Lender harmless from any damages Lender may suffer or incur from Borrower's breach of its covenant in Section 12(h). 13. Defaults. Each of the following shall constitute an Event of Default: (a) If Borrower or Entity Guarantor abandons the Loan Property, (b) Bankruptcy, reorganization, assignment, insolvency or liquidation proceedings, or other proceedings for relief under any applicable bankruptcy law or other law for relief of debtors are instituted by or against Borrower and, if such proceedings are instituted against Borrower, an order, judgment or decree, without the consent of Borrower appointing a trustee or receiver for Borrower or any part of its property or approving a petition under the bankruptcy laws of the United States or any similar laws of any state or other competent jurisdiction, shall have remained in force undischarged or unstaged for a period of thirty (30) days. (c) Any judgment, attachment, garnishment or other similar process is entered against Borrower or against any property or assets of Borrower and is not released, satisfied or discharged or bonded to Lender's satisfaction within thirty (30); days of entry. (d) Any of the terms, covenants or conditions of any permit or other agreement issued or made by the City or other governmental body having jurisdiction over the Loan Property are not complied with within the time required thereby or are 6 473881 Q ELI 85-39