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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 />to refer to the Funding Lender until a successor Funding Lender Representative is appointed by <br />the Funding Lender. <br />(c) Whenever pursuant to this Funding Loan Agreement or any other Financing <br />Document, the Funding Lender Representative exercises any right given to it to approve or <br />disapprove, any arrangement or term hereof, the decision of the Funding Lender Representative to <br />approve or disapprove or to decide whether arrangements or terms are acceptable or not acceptable <br />shall be in the sole discretion of the Funding Lender Representative, except as otherwise <br />specifically indicated. <br />(d) Each Funding Lender, by their purchase or other acquisition of the Funding Loan, <br />shall be deemed to have acknowledged and agreed to the provisions of this Funding Loan <br />Agreement and the other Financing Documents with respect to the Funding Lender Representative <br />and the rights and privileges thereof, including but not limited to the right to control all remedies <br />in respect of the Governmental Note and the Loans. <br />Section 11.06 Payments Due on Non-Business Days. In any case where a date of <br />payment with respect to the Funding Loan shall be a day other than a Business Day, then such <br />payment need not be made on such date but may be made on the next succeeding Business Day <br />with the same force and effect as if made on such date, and no interest shall accrue for the period <br />after such date provided that payment is made on such next succeeding Business Day. <br />Section 11.07 Counterparts. This Funding Loan Agreement may be executed in several <br />counterparts, each of which shall be an original and all of which shall constitute but one and the <br />same instrument. <br />Section 11.08 Laws Governing Funding Loan Agreement . The effect and meanings of <br />this Funding Loan Agreement and the rights of all parties hereunder shall be governed by, and <br />construed according to, the internal laws of the State without regard to conflicts of laws principles. <br />Section 11.09 No Recourse. No recourse under or upon any obligation, covenant or <br />agreement contained in this Funding Loan Agreement or in the Governmental Note shall be had <br />against any member, officer, commissioner, director or employee (past, present or future) of the <br />Governmental Lender, either directly or through the Governmental Lender or its governing body <br />or otherwise, for the payment for or to the Governmental Lender or any receiver thereof, or for or <br />to the Funding Lender, or otherwise, of any sum that may be due and unpaid by the Governmental <br />Lender or its governing body upon the Governmental Note. Any and all personal liability of every <br />nature whether at common law or in equity or by statute or by constitution or otherwise of any <br />such member, officer, commissioner, director or employee, as such, to respond by reason of any <br />act of omission on his/her part or otherwise, for the payment for or to the Funding Lender or <br />otherwise of any sum that may remain due and unpaid with respect to the Funding Loan hereby <br />secured is, by the acceptance hereof, expressly waived and released as a condition of and in <br />consideration for the execution of this Funding Loan Agreement and the delivery of the <br />Governmental Note. <br /> 63 <br />12502516v3 <br /> <br />
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