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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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( the "Loan Agreement" ) , between the Authority and the Company, <br /> the Authority has agreed to lend the proceeds of the Bond to the <br /> Company and the Company has issued its promissory note ( the <br /> "Note" ) , bearing interest corresponding to the interest rate on <br /> this Bond with principal in the same amount payable on the same <br /> date as this Bond, to the Authority in evidence of the loan. <br /> The Bond is secured by ( i ) an Assignment, of even date here- <br /> with ( the "Assignment" ) , by the Authority pursuant to which the <br /> Authority has endorsed without recourse to the order of and <br /> pledged to the Purchaser , the Note and assigned to the Holder <br /> certain rights of the Authority under the Loan Agreement and the <br /> Security Agreement (hereinafter defined) , ( ii) a Security Agree- <br /> ment, of even date herewith ( the "Security Agreement" ) , from the <br /> Company to the Authority pursuant to which the Company has <br /> granted to the Authority a security interest in certain personal <br /> property more fully described therein, ( iii) a Deed of Trust, of <br /> even date herewith (the "Deed of Trust" ) , from the Company to <br /> , as trustee for the benefit of the Authority, <br /> relating to certain real property more fully described therein, <br /> ( iv) a Guaranty Agreement, of even date herewith (the "Company <br /> Guaranty" ) , from the Company to the Purchaser, pursuant to which <br /> the Company unconditionally guarantees the payment of the Bond <br /> and (v) a Personal Guaranty Agreement of even date herewith (the <br /> "Personal Guaranty" ) , from Mr . and Mrs. Jerome J. Richardson ( the <br /> "Personal Guarantors") to the Purchaser, pursuant to which the <br /> Personal Guarantors unconditionally guarantee the payment of the <br /> Bond. Reference is hereby made to the Bond Purchase Agreement, <br /> the Loan Agreement, the Note, the Assignment , the Security <br /> Agreement, the Deed of Trust, the Company Guaranty and the <br /> Personal Guaranty and to all amendments and supplements thereto <br /> for a description of the provisions, among others, with respect <br /> to the nature and extent of such security, the rights, duties and <br /> obligations of the Authority and the rights of the Holder with <br /> respect thereto. <br /> In the event of the prepayment by the Company of all or a <br /> portion of the unpaid balance of the payments to be made pursuant <br /> to the Note in accordance with Section 10.1 of the Loan <br /> Agreement, the Holder shall apply such moneys to the payment of <br /> all or a portion, respectively, of the unpaid principal pale <br /> on the Bond and to interest accrued thereon to the date of ypre- <br /> payment. In the event of a prepayment in part, amounts to be <br /> applied to the prepayment of installments of principal on the <br /> Bond shall be applied to payments of principal in the inverse <br /> order of their scheduled maturities. <br /> In the event of a Determination of Taxability, the Company <br /> is required to prepay the entire unpaid balance of the principal <br /> of the Note, all as provided in Section 10. 2 of the Loan Agree- <br /> A-3 <br /> Illsâ–ş <br />
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