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CARIBOU INDUSTRIES (13)
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CARIBOU INDUSTRIES (13)
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Last modified
1/11/2023 11:04:32 AM
Creation date
1/11/2023 10:57:23 AM
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Contracts
Company Name
CARIBOU INDUSTRIES
Contract #
A-2020-265-06
Agency
Community Development
Council Approval Date
11/17/2020
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cure periods contained in any Loan Document will constitute an "Event of DefauIt," <br />including the following: <br />(a) Borrower fails to make any payment required under this Agreement within <br />ten (10) days after the date when due and the payment is not made within fifteen (15) days after <br />Borrower's receipt of written notice from the City to cure the default.; or <br />(b) Any lien is recordedagainst all or any part of the Property without the <br />City's prior written consent, and the lien is not removed from title or otherwise remedied to the <br />City's satisfaction within thirty (30) days after Borrower's receipt of written notice from the City <br />to cure the default, or, if the default cannot be cured within a 30-day period, Borrower will have <br />sixty (60) days to cure the default, or any longer period of time deemed necessary by the City, <br />provided that Borrower commences to cure the default within the 30-day period and diligently <br />pursues the cure to completion; or <br />(c) Borrower fails to perform or observe any other term, covenant or <br />agreement contained in any Loan Document, and the failure. continues for thirty (30) days. after <br />Borrower's receipt of written notice from the City to cure the default, or, if the default cannot be <br />cured within a 30-day period, Borrower will have sixty (60) days to cure the default, or any <br />longer period of time deemed necessary by the City, provided that Borrower commences to cure <br />the default within the 30-day period and diligently pursues the cure to completion; or, <br />(d) Any representation or warranty made by Borrower in any Loan Document <br />proves to have been incorrect in any material respect when made; or <br />(e) Borrower is dissolved or liquidated or merged with or into any other <br />entity; or, if Borrower ceases to exist in its present form and (where applicable) in good standing <br />and duly qualified under the laws of the jurisdiction of formation and California for any period of <br />more than thirty (30) days; or all or substantially all of the assets of Borrower are sold or <br />otherwise transferred; or <br />(t) Borrower voluntarily or involuntarily assigns or attempts to sell, lease, <br />assign, encumber or otherwise transfer all or any portion of the ownership interests in or of its <br />right, title or interest in the Project or the Property in violation of Section 4.6 above; or <br />(g) Borrower is subject to an order for relief by the bankruptcy court, or is <br />unable or admits in writing its inability to pay its debts as they mature or makes an assignment <br />for the benefit of creditors; or Borrower applies for or consents to the appointment of any <br />receiver, trustee or similar official for the applicable party or for all or any part of its property (or <br />an appointment is made without its consent and the appointment continues undischarged and <br />unstayed for sixty (60) days); or Borrower institutes or consents to any bankruptcy, insolvency, <br />reorganization, arrangement, readjustment of debt, dissolution, custodianship, conservatorship, <br />liquidation, rehabilitation or similar proceeding relating to the applicable party or to all or any <br />part of its property under the laws of any jurisdiction (or a proceeding is instituted without its <br />consent and continues undismissed and unstayed for more than sixty (60) days); or any <br />judgment, writ, warrant of attachment or execution or similar process is issued or levied against <br />the Project, the improvements or any other property of Borrower and is not released, vacated or <br />fully bonded within sixty (60) days after its issue or levy; or <br />55394.00049W0884170.6 14 <br />
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