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2018-193-E Economic Dev - Seal the Seasons loan agreement
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2018-193-E Economic Dev - Seal the Seasons loan agreement
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Last modified
8/1/2018 8:52:49 AM
Creation date
5/30/2018 10:41:38 AM
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Contract
Date
5/23/2018
Contract Starting Date
5/23/2018
Contract Ending Date
6/1/2021
Contract Document Type
Agreement
Amount
$25,000.00
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R 2018-193 Economic Dev - Seal the Seasons loan agreement
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\Board of County Commissioners\Contracts and Agreements\Contract Routing Sheets\Routing Sheets\2018
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DocuSign Envelope ID: F1811 E7D- C59B- 437F- A7A9 -1 E9E8DD91 D1 B <br />LOAN AND SECURITY AGREEMENT <br />license be obtained; and that both property and liability insurance on the building(s) and <br />contents be procured and maintained by the Borrower. The Borrower shall provide and <br />maintain hazard insurance (fire and extended coverage) in an amount acceptable to the Fund <br />covering all tangible Collateral. Mortgagee endorsement is to include this loan. <br />13.6 Pay promptly when due all ad valorem taxes and assessments upon the Collateral; <br />13.7 Upon the Fund's request, deposit with Fund additional Collateral to Fund's satisfaction; <br />13.8 That Collateral will not be changed, transferred, or otherwise disposed of or be subjected to <br />any unpaid charge, unless the Fund consents in advance in writing to such change, transfer, <br />or charge. <br />13.9 Upon the Fund's request, provide a list of buyer, commission merchants and selling agents to <br />or through whom the Borrower intends to sell the products granted as Collateral; <br />13.10 Keep proper books of account in a manner satisfactory to the Fund; <br />13.11 Submit an annual financial statement reviewed or compiled by an independent public <br />accountant within sixty (60) days of the close of the Borrower's fiscal year for the Business; <br />13.12 Submit a copy of its annual tax return to the Fund within one month of filing. The Borrower <br />hereby authorizes all federal, state and municipal authorities to furnish reports of <br />examinations, records, and other information relating to the condition and affairs of the <br />business and any desired information from reports, returns, files, and records of such <br />authorities upon request therefore by the Fund; <br />13.13 Keep and maintain books, records, and other documents relating directly to the receipt and <br />disbursement of loan funds and the fulfillment of this Agreement. Each party agrees that any <br />duly authorized representative of the Fund shall at all reasonable times, have access to and <br />the right to inspect, copy, audit and examine all of the books, records and other documents <br />relating to the loan and fulfillment of this Agreement. <br />14. The Borrower agrees that it will not do any of the following without the Fund's prior written consent: <br />14.1 Effect a change of ownership or control of the Business; <br />14.2 Consolidate or merge with any other Fund, unless the procedures for assignment and /or <br />assumption are complied with; or <br />14.3 At any time the Borrower is in default, give any preferential treatment, make any advance, <br />directly or indirectly controlling or affiliated with or controlled by the Borrower, or any other <br />Fund, or to any officer, director, or employee of the Borrower, or of any such Fund; <br />14.4 For two years after the date of this Agreement, undertake additional debt financing without <br />prior written consent of the Fund, except that this provision shall not prohibit Borrower from (a) <br />purchase money financing of ordinary and necessary equipment or (b) credit purchases of <br />inventory. The Fund's consent, when required under this provision, shall not be unreasonably <br />withheld. <br />14.5 Permit or suffer to exist any other lien, security interest or encumbrance upon the Collateral, <br />except for the existing security interest described in Exhibit D and the security interest created <br />Page 4 of 7 <br />
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