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SR 05:219
City of Pleasanton
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SR 05:219
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9/15/2005 3:42:36 PM
Creation date
8/12/2005 9:29:51 AM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
8/16/2005
DESTRUCT DATE
15 Y
DOCUMENT NO
SR 05:219
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<br />(b) Failure to Make Pavrnent. Failure to repay the principal and any interest on the <br />Loan within thirty (30) days of receipt of written notice from the City that such payment is due <br />pursuant to the Loan Documents. <br /> <br />(c) Breach of Covenants. Failure by Borrower to duly perform, comply with, or <br />observe any of the conditions, terms, or covenants of any of the Loan Documents, and such <br />failure having continued uncured for sixty (60) days after receipt of written notice thereoffrom <br />the City to the Borrower or, if the breach cannot be cured within sixty (60) days, the Borrower <br />shall not be in breach so long as Borrower is diligently undertaking to cure such breach and such <br />breach is cured within one hundred eighty (180) days; provided, however, that if a different <br />period or notice requirement is specified under any other section of this Article 5, the specific <br />provisions shall control. <br /> <br />(d) Default Under Other Loans or Lease. A default is declared under the Approved <br />Financing by the lender of such Approved Financing or under the Lease by the City. <br />, <br /> <br />(e) Insolvencv. A court having jurisdiction shall have made or entered any decree or <br />order (i) adjudging Borrower to be bankrupt or insolvent, (ii) approving as properly filed a <br />petition seeking reorganization of Borrower or seeking any arrangement for Borrower under the <br />bankruptcy law or any other applicable debtor's relieflaw or statute of the United States or any <br />state or other jurisdiction, (iii) appointing a receiver, trustee, liquidator, or assignee of Borrower <br />in bankruptcy or insolvency or for any of their properties, (iv) directing the winding up or <br />liquidation of Borrower, if any such decree or order described in clauses (i) to (iv), inclusive, <br />shall have continued unstayed or undischarged for a period of ninety (90) days; or (v) Borrower <br />shall have admitted in writing its inability to pay its debts as they fall due or shall have <br />voluntarily submitted to or filed a petition seeking any decree or order of the nature described in <br />clauses (i) to (iv), inclusive. The occurrence of any of the events of Default in this paragraph <br />shall act to accelerate automatically, without the need for any action by the City, the <br />indebtedness evidenced by the Note. <br /> <br />(f) Assignment: Attachment. Borrower shall have assigned its assets for the benefit <br />of its creditors or suffered a sequestration or attachment of or execution on any substantial part of <br />its property, unless the property so assigned, sequestered, attached or executed upon shall have <br />been returned or released within ninety (90) days after such event or, if sooner, prior to sale <br />pursuant to such sequestration, attachment, or execution. The occurrence of any of the events of <br />default in this paragraph shall act to accelerate automatically, without the need for any action by <br />the City, the indebtedness evidenced by the Note. <br /> <br />(g) <br />business. <br /> <br />Suspension: Termination. Borrower or shall have voluntarily suspended its <br /> <br />(h) Liens on Leasehold Estate. There shall be filed any claim of lien (other than liens <br />approved in writing by the City) against the Leasehold Estate, Project, or any part thereof, or any <br />interest or right made appurtenant thereto, or the service of any notice to withhold proceeds of <br />the Loan and the continued maintenance of said claim oflien or notice to withhold for a period <br />of one hundred twenty (120) days, without discharge or satisfaction thereof or provision <br />therefore (including, without limitation, the posting of bonds) satisfactory to the City. <br /> <br />13 <br /> <br />144\] 05\217525.14 <br />
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