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PROJECT'S substantial completion (as determined by the CWCB) and notify BORROWER of <br /> such amount. The BORROWER shall repay that amount to the CWCB either within ten (10) <br /> days from the date of notification from the CWCB, or, at the CWCB's discretion, said <br /> interest shall be deducted from the final disbursement of loan funds that the CWCB makes <br /> to the BORROWER. <br /> 5. Return of Unused Loan Funds. Any loan funds disbursed but not expended for the <br /> PROJECT in accordance with the terms of this CONTRACT shall be remitted to the CWCB <br /> within 30 calendar days from notification from the CWCB of either (1) completion of the <br /> PROJECT or (2) determination by the CWCB that the PROJECT will not be completed. Any <br /> such loan funds so remitted to CWCB shall be applied to the principal payment of amounts <br /> due on the Loan. <br /> 6. BORROWER'S Authority to Contract. The BORROWER warrants that it has full power and <br /> authority to enter into this CONTRACT. The execution and delivery of this CONTRACT and the <br /> performance and observation of its terms, conditions and obligations have been duly <br /> authorized by all necessary actions of the BORROWER The BORROWER'S AUTHORIZING <br /> RESoLUnoN(s) are attached as APPENDIX 4a, Resolutions of the Shareholders (if required) <br /> and Appendix 4b, Resolutions of the Board of Directors (required)and incorporated herein. <br /> 7. Attorney's Opinion Letter. Prior to the execution of this CONTRACT by the CWCB, the <br /> BORROWER shall submit to the CWCB a letter from its attorney stating that it is the attorney's <br /> opinion that: <br /> a. the CONTRACT has been duly executed by officers of the BORROWER who are duly <br /> elected or appointed and are authorized to execute the CONTRACT and to bind the <br /> BORROWER; and <br /> b. the resolutions of the BORROWER authorizing the execution and delivery of the <br /> CONTRACT were duly adopted by the BORROWER'S board of directors and/or <br /> shareholders; and <br /> c. there are no provisions in the BORROWER'S articles of incorporation or bylaws or any <br /> state or local law that prevent this CONTRACT from binding the BORROWER; and <br /> d. the CONTRACT will be valid and binding against the BORROWER if entered into by the <br /> CWCB. <br /> 8. Pledge of Revenues. The BORROWER irrevocably pledges to the CWCB, for purposes of <br /> repayment of this loan: (1) the PLEDGED REVENUES as defined in the Loan Resolution set <br /> forth in Appendix 3 and any other funds legally available to the BORROWER, in an <br /> amount sufficient to pay the annual payment due under this CONTRACT (collectively <br /> PLEDGED REVENUES). <br /> a. Segregation of Pledged Revenues. The BORROWER shall set aside and keep the <br /> PLEDGED REVENUES in an account separate from other BORROWER revenues and <br /> warrants that these revenues will not be used for any other purpose. <br /> b. Establish Security Interest. The BORROWER has duly executed a SECURITY <br /> AGREEMENT, attached hereto as APPENDIX 5 and incorporated herein, to provide a <br /> security interest to the CWCB in the PLEDGED REVENUES. The CWCB shall have <br /> Page 3 of 13 <br />