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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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6 <br /> and'shall indicate the total of the principal balances of all Program Loans that will be <br /> outstanding after the making of such loan to such borrower. <br /> (b) Within five Business Days after the County's receipt of a notice as <br /> described in subsection (a) above, the County shall send notice -to the Company <br /> acknowledging the Company's intent to make a Program Loan in*partial reliance upon <br /> the County's obligations under this Support Agreement. <br /> 1.04. The Company shall put in place and administer a commercially reasonable <br /> program of collection on overdue Program Loans. The Company shall submit its general <br /> overall plan for collections to the County, and the overall plan shall be subject to the <br /> County's approval. The Company shall thereafter be free in its.reasonable discretion to <br /> administer the plan so approved by the County. <br /> ARTICLE]a <br /> CO INTY'S,AGREEMENT TO PROVIDE LOAN LOSS RESERVE <br /> 2.01. (a) The County agrees to provide the Loan Loss Reserve to support the <br /> Loan Program. As provided and described below, County will make payments to -the <br /> Company.from the Loan Loss Reserve for each Loan Loss. <br /> (b) The County has previously appropriated $150,000 to serve as the Loan <br /> Loss Reserve. The Loan Loss Reserve exists as a separate account -for accounting <br /> purposes on the County's books and records, and the County may not,use the amounts <br /> designated and appropriated for the Loan Loss Reserve for any other purpose without <br /> additional action by the County's Board of Commissioners. To the extent permitted by <br /> law, the County agrees not to reduce the amount available as the Loan Loss Reserve at <br /> any time before the Termination Date. <br /> 2.02. (a) Within five Business Days after receiving notice from the Company <br /> of a Loan Loss, as provided in Section 4.1 of the Loan Agreement, the County shall pay <br /> to the Company, but only from the Loan Loss Reserve and for deposit in the Company <br /> Loan Loss Account, an amount equal to 30% of the Loan Loss stated in such notice. The <br /> Company's- determination of a Loan Loss shall bind the County in the absence of <br /> manifest error. <br /> (b) Notwithstanding any other provision of this Support Agreement, however, <br /> (i) the County shall have no obligation to make any payment from the Loan Loss Reserve <br /> at any time'that the Company or the Banks are in default under this Support Agreement <br /> or the Loan Agreement, (ii) the County shall have no obligation to make payments from <br /> the Loan Loss Reserve in an aggregate amount exceeding $150,000, and (iii) the County <br /> shall have no obligation to make any payment from the Loan Loss Reserve after the <br /> 2 <br />
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