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2020_0518_CCPacket
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2020_0518_CCPacket
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1/7/2022 9:35:26 AM
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Roseville City Council
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Council Agenda/Packets
Meeting Date
5/18/2020
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Attachment C <br />remedy reserved to it in this Article, it shall not be necessary to give any notice, other than such <br />notice as may be expressly required by this Project Loan Agreement. <br />Section 7.04 Agreement to Pay AttorneysÓ Fees and Expenses. In the event the <br />Borrower shall default under any of the provisions of this Project Loan Agreement and the <br />Governmental Lender, the Fiscal Agent, the Servicer, the Financial Monitor or the Funding Lender <br />Representative shall employ attorneys or incur other expenses for the collection of loan payments <br />or the enforcement of performance or observance of any obligation or agreement on the part of the <br />Borrower contained in this Project Loan Agreement or in the Project Note, the Borrower shall on <br />demand therefor reimburse the reasonable fees of such attorneys and such other expenses so <br />incurred. <br />Section 7.05 No Additional Waiver Implied by One Waiver. In the event any agreement <br />contained in this Project Loan Agreement shall be breached by any party and thereafter waived by <br />the other parties, such waiver shall be limited to the particular breach so waived and shall not be <br />deemed to waive any other breach hereunder. <br />Section 7.06 Control of Proceedings. <br />(a) If an Event of Default has occurred and is continuing, notwithstanding anything to <br />the contrary herein, the Funding Lender Representative shall have the sole and exclusive right at <br />any time to direct the time, method and place of conducting all proceedings to be taken in <br />connection with the enforcement of the terms and conditions of this Project Loan Agreement, or <br />for the appointment of a receiver or any other proceedings hereunder, in accordance with the <br />provisions of law and of this Project Loan Agreement. In addition, the Funding Lender <br />Representative shall have the sole and exclusive right at any time to directly enforce all rights and <br />remedies hereunder and under the other Financing Documents with or without the involvement of <br />the Fiscal Agent or the Governmental Lender. In no event shall the exercise of any of the foregoing <br />rights result in an acceleration of the Project Loan without the express direction of the Funding <br />Lender Representative acting in its sole and absolute discretion. <br />(b) The Governmental Lender and the Fiscal Agent covenant that they will not, without <br />the prior written consent of the Funding Lender Representative (acting in its sole and absolute <br />discretion), take any of the following actions: <br />(i) prosecute any action with respect to a lien or other encumbrance on the <br />Project; or <br />(ii) initiate or take any action which may have the effect, directly or indirectly, <br />of impairing the ability of the Borrower to timely pay the principal of, interest on, or other <br />amounts due under, the Project Loan; or <br />(iii) interfere with or attempt to influence the exercise by the Funding Lender <br />Representative of any of its rights under the Financing Documents upon the occurrence of <br />any event of default by the Borrower under the Financing Documents; or <br /> 31 <br />12502464v3 <br /> <br />
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