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11-13-2024 Council Packet
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11-13-2024 Council Packet
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135242317v3 <br /> <br /> <br />29 <br /> <br />Document and Fiscal Agent is instructed by Funding Lender Representative that such <br />default constitutes an Event of Default hereunder. The occurrence of an Event of Default <br />hereunder shall in the discretion of Funding Lender Representative constitute a default <br />under the other Financing Documents. <br />Nothing contained in this Section 7.01 is intended to amend or modify any of the <br />provisions of the Financing Documents or to bind Governmental Lender, Fiscal Agent, <br />Loan Servicer or Funding Lender Representative to any notice and cure periods other than <br />as expressly set forth in the Financing Documents. In addition, Governmental Lender, Loan <br />Servicer and Initial Funding Lender agree that any cure of any default under this Project <br />Loan Agreement or any other Financing Document made or tendered by one or more <br />members of Borrower shall be deemed to be a cure by Borrower and shall be accepted or <br />rejected on the same basis as if made or tendered by Borrower. <br />Section 7.02 Remedies on Default. Subject to Section 7.06 hereof, whenever any Event <br />of Default hereunder shall have occurred and be continuing, Funding Lender (or Fiscal Agent at <br />the direction of Funding Lender), may take any one or more of the following remedial steps: <br />(a) Such action, without notice or demand, as Funding Lender deems advisable <br />to protect and enforce its rights against Borrower and in and to the Project, including <br />declaring the Project Loan to be immediately due and payable (including, without <br />limitation, declaring the principal of, Prepayment Premium, if any, and interest on and all <br />other amounts due on the Project Note to be immediately due and payable). <br />(b) Without being required to give any notice (other than to Governmental <br />Lender or Fiscal Agent, as applicable), except as provided herein, pursue all remedies of a <br />creditor under the laws of the Property Jurisdiction, as supplemented and amended, or any <br />other applicable laws. <br />(c) Whatever action at law or in equity may appear necessary or desirable to <br />collect the payments under this Project Loan Agreement then due and thereafter to become <br />due, or to enforce performance and observance of any obligation, agreement or covenant <br />of Borrower under this Project Loan Agreement. <br />In addition, subject to Section 7.06 hereof, Governmental Lender and Fiscal Agent <br />may pursue remedies with respect to the Unassigned Rights. Any amounts collected <br />pursuant to Article IV hereof and any other amounts which would be applicable to payment <br />of principal of, Prepayment Premium, if any, and interest on and all other amounts due on <br />the Funding Loan collected pursuant to action taken under this Section 7.02 shall be applied <br />in accordance with the provisions of the Funding Loan Agreement. <br />Section 7.03 No Remedy Exclusive. Upon the occurrence of an Event of Default, all or <br />any one or more of the rights, powers, privileges and other remedies available against Borrower <br />hereunder or under the Financing Documents or otherwise at law or in equity may be exercised by <br />Funding Lender (or Fiscal Agent at the direction of Funding Lender), at any time and from time <br />to time, whether or not Funding Lender has accelerated the Project Loan, and whether or not <br />Funding Lender shall have commenced any foreclosure proceeding or other action for the
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