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815 N. HARBOR, L.P. (HOME INVESTMENT PARTNERSHIP PROGRAM FUNDS) 2-2015
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815 N. HARBOR, L.P. (HOME INVESTMENT PARTNERSHIP PROGRAM FUNDS) 2-2015
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8/24/2015 11:03:28 AM
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8/19/2015 2:54:59 PM
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Company Name
815 N. HARBOR, L.P. (HOME INVESTMENT PARTNERSHIP PROGRAM FUNDS)
Contract #
A-2015-029
Agency
COMMUNITY DEVELOPMENT
Council Approval Date
2/17/2015
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(i) Developer is dissolved, liquidated or terminated, or all or <br />substantially all of the assets of Developer are sold or otherwise transferred without the <br />Executive Director's prior written consent; <br />0) Developer is the subject of an order for relief by a bankruptcy <br />court, or is unable or admits its inability to pay its debts as they mature, or makes an <br />assignment for the benefit of creditors; or Developer applies for or consents to the <br />appointment of any receiver, trustee, custodian, conservator, liquidator, rehabilitator or <br />similar officer for it or any part of its property; or any receiver, trustee, custodian, <br />conservator, liquidator, rehabilitator or similar officer is appointed without the <br />application or consent of Developer and the appointment continues undischarged or <br />unstayed for ninety (90) days; or Developer institutes or consents to any bankruptcy, <br />insolvency, reorganization, arrangement, readjustment of debt, dissolution, custodianship, <br />conservatorship, liquidation, construction or similar proceeding relating to it or any part <br />of its property; or any similar proceeding is instituted without the consent of Developer <br />and continues undismissed or unstayed for ninety (90) days; or any judgment, writ, <br />warrant of attachment or execution, or similar process is issued or levied against any <br />property of Developer and is not released, vacated or fully bonded within ninety (90) <br />days after its issue or levy; or <br />(k) (i) any of the Senior Loan documents is revoked or terminated, in <br />whole or in part and for any reason (except due to repayment of such loans), without the <br />Executive Director's prior written consent, or (ii) Developer defaults or otherwise fails to <br />perform any of its duties or obligations under or in connection with any of the Senior <br />Loan documents, subject to all applicable notice and cure periods, or (iii) any of the <br />Senior Loan documents is amended, supplemented or otherwise modified without City's <br />prior written consent, which consent shall not be unreasonably withheld. <br />Notwithstanding anything to the contrary contained herein, City hereby agrees that any <br />cure of any default made or tendered by Developer's Limited Partner shall be deemed to <br />be a cure by Developer and shall be accepted or rejected on the same basis as if made or <br />tendered by Developer. <br />18.2 Remedies Upon Default. Upon the occurrence of any Event of Default, <br />City may, at its option and in its absolute discretion, do any or all of the following: <br />(a) By written notice to Developer, declare the principal of all <br />amounts owing under the Loan Documents, together with all accrued interest and other <br />amounts owing in connection therewith, to be immediately due and payable, regardless of <br />any other specified due date; provided that any Event of Default described in Section 18 <br />shall automatically, without notice or other action on City's part, cause all such amounts <br />to be immediately due and payable; <br />(b) In its own right or by a court- appointed receiver, take possession <br />of the Property, enter into contracts for and otherwise proceed with the completion of the <br />construction by expenditure of its own funds; <br />(c) Exercise any of its rights under the Loan Documents and any rights <br />36 <br />
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