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7.2. HRSR 04-04-2016
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7.2. HRSR 04-04-2016
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HRSR
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4/4/2016
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obligations of the Borrower and the Entity Guarantor enforceable in accordance with <br /> their respective terms. <br /> (c) No litigation, tax claims or governmental proceedings are pending or <br /> threatened against the Borrower, the Entity Guarantor or the Loan Property, and no <br /> judgment or order of any court or administrative agency is outstanding against the <br /> Borrower, the Entity Guarantor or the Loan Property which would have a material <br /> adverse effect on Borrower, the Entity Guarantor or the Loan Property. <br /> (d) Borrower and the Entity Guarantor have filed all tax returns (federal and <br /> state) required to be filed for all prior years and paid all taxes shown thereon to be due, <br /> including interest and penalties. Borrower and the Entity Guarantor will file all such <br /> returns and pay all such taxes for the current and future years. <br /> (e) All information, financial or other, which has been submitted by <br /> Borrower, the personal guarantors, and the Entity Guarantor in connection with the Loan <br /> is true, accurate and complete in all material respects. <br /> (f) Entity Guarantor is under common ownership. <br /> (g) Borrower is a "small business" as defined by the U.S. Small Business <br /> Administration. <br /> 13. 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. Borrower will <br /> indemnify and hold Lender harmless from any damages Lender may suffer or incur from <br /> Borrower's breach of its covenant in Section 12(h). <br /> 14. 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 /> 6 <br /> 477330v1 EL185-40 <br />
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