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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 C <br />Section 8.09 Amounts Remaining in Loan Payment Fund or Other Funds. It is agreed <br />by the parties hereto that any amounts remaining in the Loan Payment Fund or other funds and <br />accounts established under the Funding Loan Agreement upon expiration or sooner termination of <br />the term hereof (and the repayment in full of the Project Loan and all other amounts owing under <br />the Project Loan Documents), shall be paid in accordance with the Funding Loan Agreement. <br />Section 8.10 Effective Date and Term. This Project Loan Agreement shall become <br />effective upon its execution and delivery by the parties hereto, shall be effective and remain in full <br />force from the date hereof, and, subject to the provisions hereof, shall expire on such date as the <br />Funding Loan Agreement shall terminate. <br />Section 8.11 Cross References. Any reference in this Project Loan Agreement to an <br />ÐExhibit,Ñ an ÐArticle,Ñ a ÐSection,Ñ a ÐSubsectionÑ or a ÐParagraphÑ shall, unless otherwise <br />explicitly provided, be construed as referring, respectively, to an exhibit attached to this Project <br />Loan Agreement, an article of this Project Loan Agreement, a section of this Project Loan <br />Agreement, a subsection of the section of this Project Loan Agreement in which the reference <br />appears and a paragraph of the subsection within this Project Loan Agreement in which the <br />reference appears. All exhibits attached to or referred to in this Project Loan Agreement are <br />incorporated by reference into this Project Loan Agreement. <br />Section 8.12 Funding Lender Representative, Financial Monitor and Servicer as <br />Third-Party Beneficiaries. The parties hereto agree and acknowledge that the Funding Lender <br />Representative, the Financial Monitor and the Servicer are third party beneficiaries of this Project <br />Loan Agreement. <br />Section 8.13 Reserved. \[Curious to know what this was.\] <br />Section 8.14 Non-Liability of Governmental Lender. The Governmental Lender shall <br />not be obligated to pay the principal (or Prepayment Premium) of or interest on the Funding Loan, <br />except from Revenues and other money and assets received (or deemed received on account of <br />direct payments to the Servicer) by the Fiscal Agent on behalf of the Governmental Lender <br />pursuant to this Project Loan Agreement. Neither the faith and credit nor the taxing power of the <br />State or any political subdivision thereof, nor the faith and credit of the Governmental Lender or <br />any member is pledged to the payment of the principal (or Prepayment Premium) or interest on <br />the Funding Loan. The Governmental Lender shall not be liable for any costs, expenses, losses, <br />damages, claims or actions, of any conceivable kind on any conceivable theory, under or by reason <br />of or in connection with this Project Loan Agreement, the Funding Loan or the Funding Loan <br />Agreement, except only to the extent amounts are received for the payment thereof from the <br />Borrower under this Project Loan Agreement. <br />The Borrower hereby acknowledges that the Governmental LenderÓs sole source of money <br />to repay the Funding Loan will be provided by the payments made by the Borrower pursuant to <br />this Project Loan Agreement, together with investment income on certain funds and accounts held <br />by the Fiscal Agent under the Funding Loan Agreement, and hereby agrees that if the payments to <br />be made hereunder shall ever prove insufficient to pay all principal (or Prepayment Premium) and <br />interest on the Funding Loan as the same shall become due (whether by maturity, prepayment, <br /> 35 <br />12502464v3 <br /> <br />
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