Orange County NC Website
17 <br />in Section 1.03(b) of the Support Agreement. <br />(c) Any Bank's failure to make any Advance required under this Agreement <br />will not relieve any other Bank of its obligation to make an Advance. No Bank will be <br />responsible for any other Bank's performance of its obligations under this Agreement. <br />Advances made by aay Bank under this Agreement shall be evidenced as provided for in <br />the terms of the Note payable to that Bank. The County's failure to make any required <br />payment to the Company Loan Loss Account, however, will relieve each Bank of its <br />obligation to make fiu-ther Advances and shall constitute an Event of Default. <br />3.3. Com~a~y's Loa~Repa~w The Company shall pay principal of and <br />interest on the Loan monthly, not later than the 25th day of each month. The monthly <br />amount due and payable by the Company on the Loan shall be equal to the preceding <br />month's Net Cash Proceeds; provided, however, that on July 25, 2009, the aggregate <br />outstanding balance of the Loan, including all principal and all accrued but unpaid <br />interest, shall be payable in full. <br />The Company shall make all payments on the Loan separately to each Bank pro <br />rata according to its Percentage Share. All payments on a Note shall be credited (a) fast, <br />against the amount of interest accrued and unpaid on the Note, and (b) second, against <br />principal. If Net Cash Proceeds ~ for any month are insufficient to pay in full the accrued <br />unpaid interest on the Notes, payment of the deficiency in accrued unpaid interest shall <br />be deferred and be payable out of subsequent Net Cash Proceeds, to the extent that Net <br />Cash Proceeds are available therefor. Paymeats (and adjustments) to any Bank shall be <br />evidenced as provided for in the terms of the Nate payable to that Bank. <br />3.4. Collateral, (a) To secure payment of the Notes, and to secure the <br />Company's performance of its covenants contained in this Agreement, the Company <br />hereby grants to .each Bank a security interest in the Collateral. The Company shall <br />execute and deliver to each Bank a Security Agreement to evidence the grant of such <br />security interest. ~ . <br />(b) Notwithstanding any other provision of this Agreement to the contrary, the <br />Collateral does not include, and the Banks shall have no security interest in, (i) interest <br />payments by obligors of Program Loans to the extent the payments represent interest at <br />rates above the Prime Rate, however held, (ii) any amounts paid to the Company by the <br />County from time to time for use on the Company's Administrative Expenses, or (iii) any <br />funds or amounts held by the Company and not derived from the Loan.Program. <br />3.5. ~,imited Recourse. Notwithstanding any provision of this Agreement or of <br />the Notes to the contrary, the Banks' sole recouxse for the recovery of moneys due and <br />owing on the Notes shall be against the Net Cash Proceeds and the collateral granted by <br />the Company to the Banks pursuant to the Security Agreements. Nothing contained in <br />