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2000 S EDC - Approval of Resolution Concerning Revised Documents Governing Orange County Small Business Loan Program
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2000 S EDC - Approval of Resolution Concerning Revised Documents Governing Orange County Small Business Loan Program
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Last modified
4/17/2013 10:57:25 AM
Creation date
12/28/2012 4:12:52 PM
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BOCC
Date
3/21/2000
Meeting Type
Regular Meeting
Document Type
Agreement
Agenda Item
5a
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Agenda - 03-21-2000-5a
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\Board of County Commissioners\BOCC Agendas\2000's\2000\Agenda - 03-21-2000
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in Section 1.03(b) of the Support Agreement. <br /> (c) Any Bank's failure to make any Advance required under this Agreement <br /> will not relieve any other Bank of its obligation to make an Advance. No Bank will be <br /> responsible for any other Bank's performance of its obligations under this Agreement. <br /> Advances made by any Bank under this Agreement shall be evidenced as provided for in <br /> the terms of the Note payable to that Bank. The County's failure to make any required <br /> payment to the Company Loan Loss Account, however, will relieve each Bank of its <br /> obligation to make further Advances and shall constitute an Event of Default. <br /> 3.3. Company's Loan Repayments. The Company shall pay principal of and <br /> interest on the Loan monthly, not later than the 25th day of each month. The.monthly <br /> amount due and payable by the Company on the Loan shall be equal to the preceding <br /> month's Net Cash Proceeds; provided, however, that on July 25, 2009, the aggregate <br /> outstanding balance of the Loan, including all principal and all accrued but unpaid <br /> interest, shall be payable in full. <br /> The Company shall make all payments on the Loan separately to each Bank pro <br /> rata according to its Percentage Share. All payments on a Note shall be credited (a) first, <br /> against the amount of interest accrued and unpaid on the Note, and (b) second, against <br /> principal. If Net Cash Proceeds for any month are insufficient to pay in full the accrued <br /> unpaid interest on the Notes, payment of the deficiency in accrued unpaid interest shall <br /> be deferred and be payable out of subsequent Net Cash Proceeds, to the extent that Net <br /> Cash Proceeds are available therefor. Payments (and adjustments) to any Bank shall be <br /> evidenced as provided for in the terms of the Note payable to that Bank. <br /> 3.4. Collateral. (a) To secure payment of the Notes, and to secure the <br /> Company's performance of its covenants contained in this Agreement, the Company <br /> hereby grants to each Bank a security interest in the Collateral. The Company shall <br /> execute and deliver to each Bank a Security Agreement to evidence the grant of such <br /> security interest. <br /> (b) Notwithstanding any other provision of this Agreement to the contrary, the <br /> Collateral does not include, and the Banks shall have no security interest in, (i) interest <br /> payments by obligors of Program Loans to the extent the payments represent interest at <br /> rates above the Prime Rate, however held, (ii) any amounts paid to the Company by the <br /> County from time to time for use on the Company's Administrative Expenses, or(iii) any <br /> funds or amounts held by the Company and not derived from the Loan Program. <br /> 3.5. Limited Recourse, Notwithstanding any provision of this Agreement or of <br /> the Notes to the contrary, the Banks' sole recourse for the recovery of moneys due and <br /> owing on the Notes shall be against the Net Cash Proceeds and the collateral granted by <br /> the Company to the Banks pursuant to the Security Agreements. Nothing contained in <br /> 3 <br />
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