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Agenda - 06-24-1986
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Agenda - 06-24-1986
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10/11/2016 2:43:46 PM
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BOCC
Date
6/24/1986
Meeting Type
Regular Meeting
Document Type
Agenda
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Draft : 6/9/86 <br /> SECURITY AGREEMENT <br /> THIS SECURITY AGREEMENT, dated as of July 1, 1986 ( the "Sec- <br /> urity Agreement" ) , by and between ISOTECHNOLOGIES, INC. , a cor- <br /> poration duly organized and existing under the laws of the State <br /> of North Carolina (the "Company" ) , and THE ORANGE COUNTY INDUS- <br /> TRIAL FACILITIES AND POLLUTION CONTROL FINANCING AUTHORITY, a <br /> political subdivision and body corporate and politic of the State <br /> of North Carolina ( the "Secured Party" ) , <br /> W I T N E S S E T H: <br /> WHEREAS, the Company has entered into a Bond Purchase Agree- <br /> ment, of even date herewith (the "Bond Purchase Agreement" ) , with <br /> the Secured Party and NCNB National Bank of North Carolina, a <br /> national banking association having its principal office in <br /> Charlotte, North Carolina (the "Purchaser" ) , which provides for <br /> the financing by the Secured Party of the cost of the acquisi- <br /> tion, construction and installation of the Project (as defined in <br /> the Loan Agreement hereinafter referred to) for the Company <br /> through (a) the issuance by the Secured Party of its industrial <br /> revenue bond in the principal amount of $1,500,000 (the "Bond" ) <br /> in substantially the form of Exhibit A to the Bond Purchase <br /> Agreement, (b) the Secured Party' s making a loan of the proceeds <br /> of the Bond to the Company, evidenced by a promissory note of the <br /> Company (the "Note") , pursuant to a Loan Agreement, of even date <br /> herewith ( the "Loan Agreement" ) , between the Secured Party as <br /> lender and the Company as borrower , (c) the pledge of the Note, <br /> endorsed without recourse to the order of the Purchaser, and the <br /> assignment of certain of the Secured Party' s rights in the Loan <br /> Agreement and this Security Agreement, pursuant to an Assignment, <br /> of even date herewith (the "Assignment") , by the Secured Party to <br /> the Purchaser, its successors and any transferees of the Bond in <br /> accordance with Section 7 of the Bond Purchase Agreement ( the <br /> "Holder" ) to secure the Bond, (d) the grant by the Company to the <br /> Secured Party of a security interest in certain personal property <br /> and fixtures more particularly described herein pursuant to the <br /> terms of this Security Agreement, as additional security for the <br /> Note, (e) the grant by the Company to , as trustee <br /> for the benefit of the Secured Party, of a deed of trust on cer- <br /> tain real property more particularly described therein pursuant <br /> to the terms of a Deed of Trust, of even date herewith (the "Deed <br /> of Trust" ) , as additional security for the Note, (f) the uncondi- <br /> tional guaranty of the payment of the Bond by the Company pursu- <br /> ant to the Guaranty Agreement, of even date herewith ( the "Com- <br />
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