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80A - JOINT - AMCAL
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80A - JOINT - AMCAL
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Last modified
2/17/2017 7:08:05 AM
Creation date
2/16/2017 5:29:44 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
80A
Date
2/21/2017
Destruction Year
2022
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9.2 Execution and Performance of Inclusionary Loan Documents. <br />9.2.1 Developer has all requisite authority to execute and perform its <br />obligations under the Inclusionary Loan Documents. <br />9.2.2 The execution and delivery by Developer of, and the performance by <br />Developer of its obligations tinder, each Loan Document that has been authorized by all <br />necessary action and does not and will not: <br />(a) require any consent or approval not heretofore obtained of <br />any person having any interest in Developer; <br />(b) violate any provision of, or require any consent or approval <br />not heretofore obtained under, any articles of incorporation, by-laws or other governing <br />document applicable to Developer; <br />(c) result in or require the creation of any lien, claim, charge or <br />other right of others of any kind (other than under the Inclusionary Loan Documents) on or with <br />respect to any property now or hereafter owned or leased by Developer; <br />(d) to best of its knowledge, violate any provision of any law <br />presently in effect; 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 agreement or <br />document to which Developer is a party or by which Developer or any of its property is bound. <br />9.2.3 Developer is not in default, in any respect that is materially adverse to the <br />interests of City under the Inclusionary Loan Documents or that would have any material adverse <br />effect on the financial condition of Developer or the conduct of its business, under any law, <br />contract, lease or other agreement or document described in sub -paragraph (d) or (e) of the <br />previous subsection. <br />9.2.4 No approval, license, exemption or other authorization from, or filing, <br />registration or qualification with, any Governmental Authority is required which has not been <br />previously obtained in connection with: <br />(a) the execution by Developer of, and the performance by <br />Developer of its obligations under, the Inclusionary Loan Documents; and <br />(b) the creation of the liens described in the Inclusionary Loan <br />Documents. <br />9.3 Financial and Other Information. To the best of Developer's knowledge, all <br />financial information furnished to City by the Developer or any affiliate thereof with respect to <br />Developer in connection with the Loan (a) is complete and correct in all material respects as of <br />
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