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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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Section 7. Payment of Costs, Attorneys' Fees and Expenses. <br /> As between the Secured Party and the Company, the Company shall <br /> pay any and all costs, attorneys ' fees and other expenses of <br /> whatever kind incurred by the Secured Party or other holders of <br /> the Note in connection with (a) obtaining possession of the Col- <br /> lateral, (b) the operation, management, protection and preserva- <br /> tion of the Collateral, (c) the collection of any sum or sums <br /> secured hereby, (d) any litigation involving the Collateral, the <br /> lien created hereunder, any benefit accruing by virtue of the <br /> provisions hereof, or the rights of the Secured Party, (e) the <br /> presentation of any claim under any administrative or other pro- <br /> ceeding in which proof of claim is required by law to be filed, <br /> (f) any additional examination of the title to the Collateral <br /> which may be reasonably required by the Secured Party, or (g) <br /> taking any steps whatsoever in enforcing this Security Agreement, <br /> claiming any benefit accruing by virtue of the provisions hereof, <br /> or exercising the rights of the Secured Party hereunder. <br /> Section 8. Insurance and Taxes. Pursuant to Sections 7.7 <br /> and 6. 2 of the Loan Agreement, the Company will obtain and main- <br /> tain certain insurance and will pay all lawful taxes, assessments <br /> and charges at any time levied or assessed upon or against the <br /> Collateral or any part thereof; provided, however, that nothing <br /> contained in this Security Agreement shall require the mainten- <br /> ance of insurance or the payment of any such taxes, assessments <br /> or charges if the same are not required to be paid under Sections <br /> 7.7 and 6. 2 of the Loan Agreement. <br /> Section 9. No Assignment of Collateral. The Company will <br /> make no assignment, lease or sale of the Collateral or any part <br /> thereof without the prior written consent of the Secured Party, <br /> except as provided in Section 8.1 of the Loan Agreement or Sec- <br /> tion 3 hereof. <br /> Section 10 . Advances by Secured Party. The Secured Party <br /> or other holders of the Note are authorized, for the account of <br /> the Company, to make any required payments under any lien prior <br /> hereto, or under this Security Agreement, the non-payment of <br /> which would constitute a default, including but not limited to <br /> principal payments, interest payments, premium payments, if any, <br /> taxes and insurance premiums. All sums so advanced shall attach <br /> to and become part of the debt secured hereby, shall become pay- <br /> able at any time on demand therefor and, from the date of the <br /> advance to the date of repayment, any sum so advanced shall bear <br /> interest at a rate per annum equal to the Alternative Rate of In- <br /> terest (as defined in the Loan Agreement) . The failure to make <br /> payment on demand shall, at the option of the Secured Party or <br /> other holders of the Note, constitute a default hereunder, giving <br /> rise to all of the remedies herein provided for an event of de- <br /> fault. The Secured Party or other holders of the Note, as the <br /> 9. <br />
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