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04-26-2023 Council Packet
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04-26-2023 Council Packet
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77060853v2 <br /> <br /> <br />47 <br /> <br />To the Controlling Person R4 Servicer LLC <br />155 Federal Street, Suite 1400 <br />Boston, MA 02110 <br />Attention: Greg Doble <br />E-mail: gdoble@r4cap.com <br />With a copy to Kutak Rock LLP <br />Two Logan Square <br />100 North 18th Street, Suite 1920 <br />Philadelphia, PA 19103 <br />Attention: Andrew P. Schmutz, Esquire <br />Email: Andrew.schmutz@kutakrock.com <br />If to Investor Limited Partner: [R4 LCMN Acquisition, LLC] <br />c/o R4 Capital, LLC <br />780 Third Avenue 16th Floor <br />New York, NY 10017 <br />Attention: Marc Schnitzer <br />E-mail:mschnitzer@R4cap.com <br />With a copy to: Nixon Peabody LLP <br />Exchange Place <br />53 State Street <br />Boston, MA 02109 <br />Attention: John M. Marti <br />E-mail: jmarti@nixonpeabody.com <br />Section 9.5 Binding Effect. This instrument shall inure to the benefit of and shall be binding <br />upon the Governmental Lender and the Funding Lender and their respective successors and assigns, subject, <br />however, to the limitations contained in this Funding Loan Agreement. <br />Section 9.6 Captions. The captions or headings in this Funding Loan Agreement are for <br />convenience only and in no way define, limit or describe the scope or intent of any provisions or sections <br />of this Funding Loan Agreement. <br />Section 9.7 Governing Law. This Funding Loan Agreement shall be governed by and <br />interpreted in accordance with the laws of the State, without regard to conflict of laws principles. <br />Section 9.8 Limited Liability of Governmental Lender. Notwithstanding anything to the <br />contrary, any liability for payment of money and any other liability or obligation which the Governmental <br />Lender may incur under the Governmental Note, this Funding Loan Agreement, the Borrower Loan <br />Agreement or any other Funding Loan Document shall not constitute a general obligation of the <br />Governmental Lender but shall constitute limited obligations of the Governmental Lender payable solely <br />from and enforced only against the Security. <br />Section 9.9 Incorporation by Reference. The representations, covenants and agreements of <br />the Governmental Lender set forth in the Funding Loan Documents are incorporated by reference herein <br />for the benefit of the Funding Lender. <br />Section 9.10 Execution in Counterparts; Electronic Signatures. This Funding Loan <br />Agreement may be executed in several counterparts, each of which shall be an original and all of which
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