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Item 16 - Affordable Housing Project at 801, 807, 809 and 809 ½ E. Santa Ana Blvd
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Item 16 - Affordable Housing Project at 801, 807, 809 and 809 ½ E. Santa Ana Blvd
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Clerk of the Council
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16
Date
12/7/2021
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(c) result in or require the creation of any lien, claim, charge or <br />other right of others of any kind (other than under the Agency Loan Documents) on or with <br />respect to any property now or hereafter owned or leased by Developer; <br /> <br />(d) to the best of its knowledge, violate any provision of any law <br />presently in effect; or <br /> <br />(e) constitute a breach or default under, or permit the <br />acceleration of obligations owed under, any contract, loan agreement, lease or other <br />agreement or document to which Developer is a party or by which Developer or any of its <br />property is bound. <br /> <br />7.2.3 Developer is not in default, in any respect that is materially adverse <br />to the interests of Agency under the Agency Loan Documents or that would have any <br />material adverse effect on the financial condition of Developer or the conduct of its <br />business, under any law, contract, lease or other agreement or document described in sub- <br />paragraph (d) or (e) of the previous subsection. <br /> <br />7.2.4 No approval, license, exemption or other authorization from, or <br />filing, registration or qualification with, any Governmental Authority is required which has <br />not been previously obtained in connection with: <br /> <br />(a) the execution by Developer of, and the performance by <br />Developer of its obligations under, the Agency Loan Documents; and <br /> <br />(b) the creation of the liens described in the Agency Loan <br />Documents. <br /> <br />7.3 Financial and Other Information. To the best of Developer’s knowledge, <br />all financial information furnished to Agency by the Developer or any affiliate thereof with <br />respect to Developer in connection with the Loan (a) is complete and correct in all material <br />respects as of the date of preparation thereof, (b) accurately presents the financial condition <br />of Developer, and (c) has been prepared in accordance with generally accepted accounting <br />principles consistently applied or in accordance with such other principles or methods as <br />are reasonably acceptable to Agency. To the best of Developer’s knowledge, all other <br />documents and information furnished to Agency by the Developer or any affiliate thereof <br />with respect to Developer, in connection with the Loan, are correct and complete insofar <br />as completeness is necessary to give the Agency accurate knowledge of the subject matter. <br />To the best of Developer’s knowledge Developer has no material liability or contingent <br />liability not disclosed to Agency in writing and there is no material lien, claim, charge or <br />other right of others of any kinds (including liens or retained security titles of conditional <br />vendors) on any property of Developer not disclosed in such financial statements or <br />otherwise disclosed to Agency in writing. <br /> <br />7.4 No Material Adverse Change. There has been no material adverse change <br />in the condition, financial or otherwise, of Developer since the dates of the latest financial <br />statements furnished to Agency. <br /> <br />EXHIBIT 4
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