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7.2. EDSR 10-17-2022
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7.2. EDSR 10-17-2022
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10/14/2022 4:29:13 PM
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10/17/2022
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law for relief of debtors are instituted by or against the Borrower and, if such proceedings <br />are instituted against either of the Borrower, an order, judgment or decree, without the <br />consent of Borrower appointing a trustee or receiver for the Borrower or any part of its <br />property or approving a petition under the bankruptcy laws of the United States or any <br />similar laws of any state or other competent jurisdiction, shall have remained in force <br />undischarged or unstayed for a period of 30 days. <br />(c) Any judgment, attachment, garnishment or other similar process is entered <br />against the Borrower or against any property or assets of the Borrower and is not <br />released, satisfied or discharged or bonded to Lender's satisfaction within 30 days of <br />entry. <br />(d) 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 are not complied with within the time required thereby or are <br />terminated or modified by the City or such other governmental body and Borrower have <br />not taken the necessary steps to correct or cure the same within 30 days after written <br />notice is given by Lender. <br />(e) 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 the Borrower's right to contest the same in accordance with the <br />provisions of the Security Agreement. <br />(f) A transfer which violates by Paragraphs 7 or 9 hereof occurs. <br />(g) If Borrower: (i) fails to pay when due any amount due under this <br />Agreement, the Note, or any other documents listed in Section 3; (ii) fails to perform any <br />other obligation to be performed under this Agreement, the Note, the Security <br />Agreement, or any other document executed by Borrower pursuant to this Agreement; or <br />(iii) fails to pay any amount or perform any obligation under any other note, or other <br />agreement now or hereafter made by Borrower in favor of or with Lender or otherwise <br />now or hereafter held by Lender, and such failure continues beyond any applicable cure <br />period. <br />(h) Any representation or warranty by Borrower contained herein or in the <br />Note, the Security Agreement, or any other instrument required hereunder is false or <br />untrue in any material respect when made. <br />(i) A default under the Personal Guaranty or the Security Agreement beyond <br />any applicable notice and cure period. <br />Upon the occurrence of an Event of Default, Lender, at its option, shall, in addition to any other <br />remedies which it might be entitled to by law, have the right to: <br />(a) Take possession of the Equipment; <br />6 <br />491713v1 ELI8546 <br />
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