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2020_0518_CCPacket
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2020_0518_CCPacket
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Roseville City Council
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Council Agenda/Packets
Meeting Date
5/18/2020
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Attachment B <br />REMEDIES OF FISCAL AGENT AND <br />FUNDING LENDER <br />Section 6.01 Events of Default. Each of the following shall be an event of default with <br />respect to the Funding Loan (an ÐEvent of DefaultÑ) under this Funding Loan Agreement: <br />(a) failure to pay the principal of, Prepayment Premium, if any, or interest on the <br />Funding Loan when due, whether on an Interest Payment Date, at the stated maturity thereof, by <br />proceedings for prepayment thereof, by acceleration or otherwise; or <br />(b) failure to observe the covenants set forth in Section 5.05 hereof; or <br />(c) failure to observe or perform any of the covenants, agreements or conditions on the <br />part of the Governmental Lender (other than those set forth in Sections 5.01 and 5.05 hereof) set <br />forth in this Funding Loan Agreement or in the Governmental Note and the continuance thereof <br />for a period of thirty (30) days (or such longer period, if any, as is specified herein for particular <br />defaults) after written notice thereof to the Governmental Lender from the Fiscal Agent or the <br />Funding Lender Representative specifying such default and requiring the same to be remedied; <br />provided that if such default cannot be cured within such thirty (30) day period through the exercise <br />of diligence and the Governmental Lender commences the required cure within such thirty <br />(30) day period and continues the cure with diligence and the Governmental Lender reasonably <br />anticipates that the default could be cured within sixty (60) days, the Governmental Lender shall <br />have sixty (60) days following receipt of such notice to effect the cure; or <br />(d) receipt by the Fiscal Agent of written notice from the Funding Lender <br />Representative of the occurrence of an ÐEvent of DefaultÑ under the Project Loan Agreement or <br />the Continuing Covenant Agreement. <br />\[Are bankruptcy and other insolvency proceedings available in MN by/against political <br />subdivisions like the City?\] <br />The Fiscal Agent will promptly notify the Governmental Lender, the Servicer and the <br />Funding Lender Representative after a Responsible Officer obtains actual knowledge of the <br />occurrence of an Event of Default or obtains actual knowledge of the occurrence of an event which <br />would become an Event of Default with the passage of time or the giving of notice or both. <br />Section 6.02 Acceleration; Other Remedies Upon Event of Default. <br />Upon the occurrence of an Event of Default, the Fiscal Agent shall, upon the written request <br />of the Funding Lender Representative, by notice in writing delivered to the Governmental Lender, <br />declare the principal of the Funding Loan and the interest accrued thereon immediately due and <br />payable, and interest shall continue to accrue thereon until such amounts are paid. <br />At any time after the Funding Loan shall have been so declared due and payable, and before <br />any judgment or decree for the payment of the money due shall have been obtained or entered, the <br />Fiscal Agent may, but only if directed in writing by the Funding Lender Representative, by written <br />notice to the Governmental Lender, and the Fiscal Agent, rescind and annul such declaration and <br /> 40 <br />12502516v3 <br /> <br />
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