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06 120312 SA HA WASHINGTON Pl FLA - Attach 2
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06 120312 SA HA WASHINGTON Pl FLA - Attach 2
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Last modified
3/13/2013 4:11:29 PM
Creation date
3/7/2013 5:33:13 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Date
12/3/2012
Destruction Year
2017
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(h) The following terms have the meanings set forth below: <br />"Additional Borrower Payments" shall have the meaning given such term in the Borrower Loan <br />Agreement. <br />"Affiliate" shall mean, as to any Person, any other Person that, directly or indirectly, is in Control <br />of, is Controlled by or is under common Control with such Person. <br />"Authorized Amount" shall mean $30,000,000, the maximum principal amount of the Funding <br />Loan under this Funding Loan Agreement. <br />"Authorized Denomination" shall mean $100,000 principal amount and any multiple of $0.01 in <br />excess thereof; provided, however, that the initial advance of the Funding Loan may be in an amount of <br />$55,000 or greater. <br />"Authorized Governmental Lender Representative" shall mean the Chairperson, Vice <br />Chairperson, Executive Director and Treasurer of the Governmental Lender, or such other person at the <br />time designated to act on behalf of the Governmental Lender as evidenced by a written certificate <br />furnished to the Funding Lender and the Borrower containing the specimen signature of such person and <br />signed on behalf of the Governmental Lender by an Authorized Governmental Lender Representative. <br />Such certificate may designate an alternate or alternates, each of whom shall be entitled to perform all <br />duties of the Authorized Governmental Lender Representative. <br />"Borrower" shall mean Washington Place Partners, LP, a California limited partnership, and its <br />successors and assigns. <br />"Borrower Controlling Entity" shall mean, if the Borrower is a partnership, any general partner or <br />managing partner of the Borrower, or if the Borrower is a limited liability company, the manager or <br />managing member of the Borrower. <br />"Borrower Loan" shall mean the mortgage loan made by the Governmental Lender to the <br />Borrower pursuant to the Borrower Loan Agreement in the aggregate principal amount of the Borrower <br />Loan Amount, as evidenced by the Borrower Notes. <br />"Borrower Loan Agreement" shall mean the Borrower Loan Agreement, of even date herewith, <br />between the Governmental Lender and the Borrower, as supplemented, amended or replaced from time to <br />time in accordance with its terms. <br />"Borrower Loan Agreement Default" shall mean any event of default set forth in 8.1 of the <br />Borrower Loan Agreement. A Borrower Loan Agreement Default shall "exist" if a Borrower Loan <br />Agreement Default shall have occurred and be continuing beyond any applicable cure period. <br />"Borrower Loan Amount" shall mean the amount of $30,000,000. <br />"Borrower Loan Documents" shall have the meaning given such term in the Borrower Loan <br />Agreement. <br />"Borrower Notes" shall mean the "Borrower Notes" as defined in the Borrower Loan Agreement. <br />C:1tJsersltadlDesktoplSanta Ana HA Washington Place 3 <br />FLA.doc <br />DRAFT 11/28/12 8:39AM <br />
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