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04-26-2023 Council Packet
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04-26-2023 Council Packet
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8/24/2023 5:08:29 PM
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8/23/2023 8:26:09 PM
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77060900v2 <br /> <br /> <br /> 55 <br /> <br />Section 10.16 Further Assurances. The Borrower will promptly and duly execute, acknowledge <br />and deliver from time to time such further instruments and take such further actions as may be reasonably <br />required by the Governmental Lender, the Funding Lender or the Controlling Person to carry out the <br />purposes and provisions of this Agreement and to the other Funding Loan Documents, to make elections or <br />take actions (or, as requested, to refrain from making elections or taking actions) related to the audit <br />procedures involving the Borrower and/or its partners set forth in the Bipartisan Budget Act of 2015 so that <br />the Borrower’s members, equityholders, shareholders, and partners will be directly responsible for any audit <br />adjustments, changes or modifications rather than the Borrower, to confirm the priority and/or perfection <br />of any lien, pledge, assignment or security interest created or intended to be created by this Agreement and <br />the other Funding Loan Documents and to assure the Controlling Person and the Funding Lender of the <br />subrogation and security rights in favor of the Funding Lender (or the Fiscal Agent for the benefit of the <br />Funding Lender) for the benefit of the Noteowners of the Governmental Note contemplated by this <br />Agreement, by the other Funding Loan Documents in connection with any of the foregoing and such <br />approvals shall be in form satisfactory to the Controlling Person. <br />[The remainder of this page is left blank intentionally.]
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