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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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(i) declare the entire unpaid principal amount of the Loan and the accrued <br /> interest thereon to be immediately due and payable; <br /> (ii) incur and pay such reasonable expenses for the Company's account as may <br /> be necessary to cure the cause of any default; <br /> (iii) seek the appointment of a receiver for the Company for the administration <br /> of the Loan Program and the collection and disbursement of Net Cash Proceeds; or <br /> (iv) proceed to protect and enforce their rights under the Notes and this <br /> Agreement by a suit, action or special proceeding at law or in equity, either for the <br /> specific performance of any covenant or agreement or execution of any power or for the <br /> enforcement of any proper legal or equitable remedy as may be deemed most effectual to <br /> protect and enforce such rights. <br /> In addition, during the continuation of an Event of Default, (1) no Bank shall have <br /> any obligation to make any Ru-ther Advances, and (2) any Bank may, at its option, direct <br /> the Company to deposit all Net Cash Proceeds as received by the Company in a <br /> designated special trust account held by a bank or financial institution (which may be an <br /> affiliate of any Bank) for the account of the Company, the equal benefit of all the Banks <br /> and application as provided in this Agreement. Any such obligation so to deposit Net <br /> Cash Proceeds shall terminate once there are no longer any continuing events or <br /> conditions described in (a), (b) or(c) above. <br /> 6.2. No Remedy Exclusive; Delay Not Waive . All remedies under this <br /> Agreement are cumulative and may be exercised concurrently or separately. The exercise <br /> of any one remedy shall not be deemed an election of such remedy or preclude the <br /> exercise of any other remedy. If any Event of Default shall occur and thereafter be <br /> waived, such waiver shall be limited to the particular breach so waived and shall not be <br /> deemed a waiver of any other breach under this Agreement. <br /> 6.3. Recovery by Banks; Coordination of Efforts, (a) If any Bank shall <br /> receive, obtain, or recover any payment or collateral under any Security Agreement <br /> (whether voluntarily, involuntarily, through the exercise of any right of set-off or <br /> otherwise), such Bank shall hold and disburse such recovery in the same fashion as <br /> would have been required of the Company. <br /> (b) Notwithstanding the provisions of subsection (a), however, <br /> (i) the recovering Bank shall be entitled to deduct its reasonable direct <br /> costs of making the recovery before calculating and making any such distribution; <br /> (ii) the County shall not be entitled to any share of any recovery at any <br /> 7 <br />
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