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6.1 EDSR 05-16-2016
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6.1 EDSR 05-16-2016
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days; (iii)construction of the Improvements is not completed by September 30,2014;(iv) <br /> the Improvements are not constructed in accordance with this Agreement; or (v) <br /> Borrower or Entity Guarantor abandons the Loan Property. Borrower shall not be <br /> considered in default under subsections(ii) and (iii) hereunder for delays caused by fire, <br /> accident, labor dispute, war, insurrection, riot, act of government, act of God, or any <br /> other cause reasonably beyond Borrower's control; provided Borrower uses all <br /> reasonable efforts to minimize the extent of any such delay. <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 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, including,but not limited to, those relating to the cost of or time <br /> for installation of the improvements, are not complied with within the time required <br /> thereby or are terminated or modified by the City or such other governmental body and <br /> Borrower has not taken the necessary steps to correct or cure the same within thirty (30) <br /> days after written notice is given by Lender. <br /> (d) 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 /> (e) 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 /> (f) Borrower fails to timely: (i)purchase the Equipment; (ii) take delivery of <br /> the Equipment; (iii) provide Lender any information necessary for Lender to perfect its <br /> security interest. <br /> (g) A transfer which violates by Paragraph 9 hereof; Encumbrances and <br /> Transfer,occurs. <br /> (h) Borrower: (i) fails to pay any amount due under this Agreement, the Note, <br /> the Security Agreement, or the Microloan Documents when due; (ii) fails to perform any <br /> other obligation to be performed under this Agreement, the Note,the Security Agreement <br /> or the Microloan Documents or any other document executed by Borrower pursuant to <br /> this Agreement;or(iii)fails to pay any amount or perform any ohligation under any other <br /> 1741240 <br /> -10- <br />
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