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ILLUMINATION FOUNDATION (40)
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ILLUMINATION FOUNDATION (40)
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Last modified
11/14/2024 3:25:41 PM
Creation date
11/7/2024 2:44:51 PM
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Contracts
Company Name
ILLUMINATION FOUNDATION
Contract #
A-2024-169
Agency
Community Development
Council Approval Date
10/15/2024
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(iv) to the best of its knowledge, violate any provision of any law <br /> presently in effect; or <br /> (v) constitute a breach or default under, or permit the acceleration of <br /> obligations owed under, any contract, loan agreement, lease or other agreement or document to <br /> which Grantee is a party or by which Grantee or any of its property is bound. <br /> (c) Grantee is not in default, in any respect that is materially adverse to the <br /> interests of City under this Agreement or that would have any material adverse effect on the <br /> financial condition of Grantee or the conduct of its business, under any law, contract, lease or <br /> other agreement or document described in sub-paragraph(iii) or(v) of sub-paragraph(b) of this <br /> Section 7.2. <br /> (d) Except for the permitting for the Project contemplated to be <br /> subsequently obtained under this Agreement, no approval, license, exemption or other <br /> authorization from, or filing, registration or qualification with, any Governmental Authority is <br /> required which has not been previously obtained in connection with the execution by Grantee <br /> of, and the performance by Grantee of its obligations under, this Agreement. <br /> 7.3 Financial and Other Information. To the best of Grantee's knowledge, all <br /> financial information furnished to City by the Grantee or any affiliate thereof with respect to <br /> Grantee in connection with the Grant (a) is complete and correct in all material respects as of <br /> the date of preparation thereof, (b) accurately presents the financial condition of Grantee, and <br /> (c)has been prepared in accordance with generally accepted accounting principles consistently <br /> applied or in accordance with such other principles or methods as are reasonably acceptable to <br /> City. To the best of Grantee's knowledge, all other documents and information furnished to City <br /> by the Grantee or any affiliate thereof with respect to Grantee, in connection with the Grant, are <br /> correct and complete insofar as completeness is necessary to give the City accurate knowledge <br /> of the subject matter. To the best of Grantee's knowledge Grantee has no material liability or <br /> contingent liability not disclosed to City 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 Grantee not disclosed in such financial statements or otherwise <br /> disclosed to City in writing. <br /> 7.4 No Material Adverse Change. There has been no material adverse change in the <br /> condition, financial or otherwise, of Grantee since the dates of the latest financial statements <br /> furnished to City, except for Senior Loan Documents that have been disclosed to the City. Since <br /> those dates, Grantee has not entered into any material transaction not disclosed in such financial <br /> statements or otherwise disclosed to City in writing. <br /> 7.5 Tax Liability. Grantee has filed all required federal, state and local tax returns <br /> and has paid all taxes (including interest and penalties, but subject to lawful extensions <br /> disclosed to City in writing) other than taxes being promptly and actively contested in good <br /> faith and by appropriate proceedings. Grantee is maintaining adequate reserves for tax liabilities <br /> (including contested liabilities) in accordance with generally accepted accounting principles or <br /> in accordance with such other principles or methods as are reasonably acceptable to City. <br />
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