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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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this Section, however, shall limit (a) the Company's liability to account for Net Cash <br /> Proceeds not applied in accordance with this Agreement, or (b) any liability for fraud on <br /> the part of any Company official, employee or agent. <br /> SECTION 4 <br /> Loan Losses <br /> 4.1. Notice of Loan Losses. (a) At any time the Company declares the <br /> principal of any Program Loan due and payable in full after a default pursuant to the <br /> terms of that Program Loan, the Company will give notice of the default and acceleration <br /> to the Banks and the County. The notice shall specify (i) the Program Loan that is in <br /> default, and the nature of the default, (ii) the amount of the resulting Loan Loss, (iii) any <br /> collection costs that have been incurred and that are included in such Loan Loss, (iv) the <br /> amount to be paid by the County for deposit in the Company Loan Loss Account with <br /> respect to such Loan Loss (along with directions for making such payment), (v) the <br /> amount of the resulting Uncovered Loan Loss, and (vi) the dollar value of each Bank's <br /> Percentage Share of the resulting Uncovered Loan Loss. <br /> (b) If additional collection efforts with respect to an accelerated Program Loan <br /> produce additional Loan Losses with respect to that Program Loan, the Company shall <br /> send notice to the Banks and the County (but not more frequently than monthly) of each <br /> additional Loan Loss in substantially the same form as the notice provided for in <br /> subsection(a) above. <br /> 4.2. Recovery from Loan Loss Reserve. After receipt of a notice of a Loan <br /> Loss under Section 4.1(a) or 4.1(b),the County shall make a payment from the Loan Loss <br /> Reserve to the Company for deposit in the Company Loan Loss Account as provided in <br /> Section 2.02 of the Support Agreement. Any amounts so deposited from time to time in <br /> the Company Loan Loss Account shall constitute Net Cash Proceeds in the month such <br /> funds become readily available funds to the Company. <br /> 4.3. Proratement among Banks of Uncovered Loan Losses. On any date that <br /> the Company notifies the Banks of a Loan Loss, the outstanding principal amount of the <br /> Note payable to each Bank shall be reduced by the dollar value of such Bank's Percentage <br /> Share of the resulting Uncovered Loan Loss, and the amount of accrued unpaid interest <br /> on each Note shall be reduced by the amount of accrued unpaid interest attributable to <br /> that amount of principal <br /> 4.4. Recovery of Loan Losses. If the Company recovers funds in connection <br /> with any Program Loan with respect to which the Company has reported a Loan Loss, the <br /> Company shall pay such funds (a) first to the County, to the extent of 30% of the <br /> 4 <br />
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