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25I - AGMT - LOAN AGMT 940 MINNIE LP
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03/18/2014
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25I - AGMT - LOAN AGMT 940 MINNIE LP
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3/13/2014 2:38:25 PM
Creation date
3/13/2014 2:29:51 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
25I
Date
3/18/2014
Destruction Year
2019
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approval not heretofore obtained under, any articles of incorporation, by -laws or other <br />governing document applicable to Developer; <br />(c) result in or require the creation of any lien, claim, <br />charge or other right of others of any kind (other than under the City Loan Documents) <br />on or with respect to any property now or hereafter owned or leased by Developer; <br />(d) violate any provision of any law presently in effect; <br />or <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 />9.2.3 Developer is not in default, in any respect that is materially adverse <br />to the interests of City under the Loan Documents or that would have any material <br />adverse effect on the financial condition of Developer or the conduct of its business, <br />under any law, contract, lease or other agreement or document described in sub- <br />paragraph (d) or (e) of the previous subsection. <br />9.2.4 No approval, license, exemption or other authorization from, or <br />filing, registration or qualification with, any Governmental Authority is required which <br />has not been previously obtained in connection with: <br />(a) the execution of Developer of, and the <br />performance by Developer of its obligations under, the Loan Documents; and <br />(b) the creation of the liens described in the Loan <br />Documents. <br />9.3 Finaneial and Other Information. To the best of Developer's knowledge, <br />all financial information furnished to City with respect to Developer in connection with <br />the Loan (a) is complete and correct in all material respects as of the date of preparation <br />thereof, (b) accurately presents the financial condition of Developer, and (c) has been <br />prepared in accordance with generally accepted accounting principles consistently <br />applied or in accordance with such other principles or methods as are reasonably <br />acceptable to City. To the best of Developer's knowledge, all other documents and <br />information furnished to City with respect to Developer, in connection with the Loans, <br />are correct and complete insofar as completeness is necessary to give the City accurate <br />knowledge of the subject matter. To the best of Developer's knowledge Developer has <br />no material liability or contingent liability not disclosed to City in writing and there is no <br />material lien, claim, charge or other right of others of any kinds (including liens or <br />retained security titles of conditional vendors) on any property of Developer not disclosed <br />in such financial statements or otherwise disclosed to City in writing. <br />9.4 No Material Adverse Change. There has been no material adverse <br />17 <br />251 -23 <br />
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