11-13-2024 Council Packet - Laserfiche WebLink

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135242317v3 22 Agreement and the other Financing Documents shall be full recourse obligations and liabilities of the Borrower without limitation. (b) Notwithstanding anything contained in any other provision of this Project Loan Agreement to the contrary (but subject to the provisions of Section 7.06 hereof), the following obligations of Borrower shall be and remain the joint and several full recourse obligations of Borrower and Borrower’s general partner: (i) Borrower’s obligations to Governmental Lender and Fiscal Agent under subsections (b)(iii), (b)(v), (b)(vi), and (b)(vii) of Section 4.02 hereof. (ii) Borrower’s obligations under Sections 2.05 and 6.01 of this Project Loan Agreement. (iii) Borrower’s obligation to pay any and all rebate amounts that may be or become owing with respect to the Funding Loan and fees and expenses of the Rebate Analyst as provided in Sections 2.04, 4.02(b)(viii), and 4.03 of this Project Loan Agreement and the Tax Certificate. (iv) Borrower’s obligation to pay legal fees and expenses under Section 7.04 hereof. ARTICLE V SPECIAL COVENANTS OF BORROWER Section 5.01 Performance of Obligations. Borrower shall keep and faithfully perform all of its covenants and undertakings contained herein and in the Financing Documents, including, without limitation, its obligations to make all payments set forth herein and therein in the amounts, at the times and in the manner set forth herein and therein. Section 5.02 Compliance with Applicable Laws. All work performed in connection with the Project shall be performed in strict compliance with all applicable federal, state, county and municipal laws, ordinances, rules and regulations now in force or that may be enacted hereafter. Section 5.03 Funding Loan Agreement Provisions. The execution of this Project Loan Agreement shall constitute conclusive evidence of approval of the Funding Loan Agreement by Borrower. Whenever the Funding Loan Agreement by its terms imposes a duty or obligation upon Borrower, such duty or obligation shall be binding upon Borrower to the same extent as if Borrower were an express party to the Funding Loan Agreement, and Borrower shall carry out and perform all of its obligations under the Funding Loan Agreement as fully as if Borrower were a party to the Funding Loan Agreement. Section 5.04 Borrower to Maintain Its Existence; Certification of No Default. (a) Borrower agrees to maintain its existence and maintain its current legal status with authority to own and operate the Project.