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PROJ00497
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PROJ00497
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Last modified
11/19/2009 11:25:15 AM
Creation date
10/5/2006 11:58:13 PM
Metadata
Fields
Template:
Loan Projects
Contract/PO #
C153620
Contractor Name
Clinton Ditch and Reservoir Company
Contract Type
Loan
Water District
36
County
Summit
Bill Number
SB 90-87
Loan Projects - Doc Type
Contract Documents
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<br />(m) Not sell, lease or otherwise dispose of the <br />Reservoir in whole or in part. The foregoing shall not apply <br />to any transfer of Borrower's stock not pledged to Lender at <br />the time of transfer or any transfer of Shares with Lender's <br />consent as permitted by the Security Documents. <br /> <br />(n) Not undertake, or become contractually <br />bound to undertake, any action not in the ordinary course of <br />business that would materially adversely affect its affairs, <br />properties, assets, operations or condition, financially or <br />otherwise. <br /> <br />(0) Not change its registered office without <br />giving Lender 30 days' written notice of the proposed new <br />location. <br /> <br />5. Events of Default. The following shall <br />constitute events of default (WEvents of DefaultW) hereunder: <br /> <br />(a) Failure to pay any portion of an <br />installment of principal of and interest .on the Notes within <br />five business days after its due date. <br /> <br />(b) Failure of any Owner to pay any assessment <br />levied pursuant t9 paragraph 4(j) above within 60 days after <br />request therefor from Borrower, which failure has or will have <br />a material adverse effect on the value of the Reservoir or the <br />Shares. <br /> <br />6. Remedies. Upon the occurrence of an Event <br />of Default, Lender shall give written notice thereof to <br />Borrower, and Borrower shall have 60 days thereafter to cure <br />the default; provided that there shall be no cure period for <br />failure to pay an entire installment of principal of and <br />interest on the Notes (i.e., where no Owner's allocated <br />portion is paid) within the time specified in paragraph 5(a) <br />above. If the default has not been cured by the end of the <br />cure period (if any), Lender may declare all or any part of <br />the defaulting Owner's allocable portion of the Loan (but not <br />any other portion of the Loan) to be forthwith due and <br />payable, together with all accrued interest thereon, without <br />presentation, demand, protest or further notice of any kind, <br />all of which are expressly waived by Borrower. with respect <br />to the security for that portion of the Loan only, Lender may <br />proceed with every remedy provided for herein or in the Notes <br />and the Security Documents (but only to the extent applicable <br />to the defaulted portion), and shall have all of the rights of <br />a secured party under the Uniform commercial Code as then in <br />effect with respect to any security then held for the <br />defaulted portion of the Loan. The enforcement of any rights <br /> <br />Page 8 of 13 <br />
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