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1981-139 CRA
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1981-139 CRA
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1/3/2012 12:22:52 PM
Creation date
3/8/2005 12:16:59 PM
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City Clerk
Doc Type
Resolution
Doc #
CRA 1981-139
Date
12/15/1981
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<br />. <br />. <br /> <br />. <br />. <br /> <br />. <br /> <br />. <br /> <br />(s) Revenues. "Revenues" means all rents, receipts, payments and <br />other income and revenue received by the Agency or the Bank with respect to, <br />or otherwise derived from, the Financing of the Projects, including without <br />limitation all Loan payments and prepayments there.of and other amount received <br />from the respective Participating Parties pursuant to the Agreements and the <br />Pr.omissory N.otes, all amounts and properties derived from the enforcement of <br />the Agency's rights and privileges under the Deeds of Trust, assignments of <br />lessor's interest in leases executed by Participating Parties and security <br />agreements executed by Participating Parties, any guarantees of Promissory <br />Notes, all proceeds derived from the insurance policies maintained pursuant to <br />the Agreements, all funds and accounts created pursuant to this Resolution, <br />and all investment earnings on said funds and accounts. <br /> <br />(t) Sites. "Sites" means premises upon which Project 3A is <br />l.ocated, as more particularly described in the Agreement pertaining to Project <br />3A; and the premises upon which Pr.oject 3B is l.ocated as more particularly <br />described in the Agreement pertaining to Pr.oject 3B. <br /> <br />(u) Supplemental Resoluti.on. "Supplemental Resolution" means any <br />resolution then in full f.orce and effect which has been duly adopted by the <br />Agency at a meeting of the there.of duly convened and held, at which a quorum <br />was present and acted thereon, amendatory of or supplemental to this <br />Resolution; but only if and to the extent that such Supplemental Resolution is <br />specifically authorized hereunder. <br /> <br />(v) Taxable Date. "Taxable Date" means the date as of ld1ich <br />interest payable on the Note is includable in the gross inc.ome .of a Noteholder <br />by reason of an Official Determination. <br /> <br />Section 1.02. Equal Security. In considerati.on of the acceptance of <br />the Note by the Bank and by all who shall hold the smae fr.om time t.o time, <br />this Resolution shall be deemed to be and shall constitute a contract between <br />the Agency and the Holder from time to time .of the Note, and the covenants and <br />agreements herein set forth to be performed on behalf of the Agency shall be <br />for the benefit, security and protection .of all Holders of the Note without <br />preference, priority or distinction, for any cause whats.oever, except as <br />expressly pr.ovided therein or herein. <br /> <br />Secti.on 1.03. Findings. Pursuant to Health and Safety Code Section <br />37629, the Agency hereby finds that the Loans to be made from the pr.oceeds of <br />the Notes are to be used for historical rehabilitation as defined in the Act, <br />and the financing of the rehabilitation of the Projects is economically <br />feasible. <br /> <br />Section 1.04. No Limitation. The provisions .of this Resolution are not <br />intended to limit the provisions of the Purchase Agreement, the Pledge <br />Agreement (as referenced in the Purchase Agreement and referred to herein as <br />the "Pledge Agreement"), the Agreements or the Collateral Agreement (as <br />referenced in the Agreements and referenced to herein as the "Collateral <br />Agreements"), each of which documents is this day being approved by the Agency. <br /> <br />5 <br />
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