Laserfiche WebLink
Section 7.5 Mortgagee's Option to Cure Default. Agency, and without prior written approval of the Agency, (a) <br /> After any breach or default by Redeveloper, a Mortgagee shall there shall be no transfer by any Partner of the partnership <br /> (insofar as the rights of the Agency are concerned) have the interests in Redeveloper (which term shall be deemed for the <br /> right, at its option, to cure or remedy such breach or default purposes of this and related provisions to include successors . <br /> on behalf of Redeveloper; provided, however, that if the breach in interest of such interests or any part thereof or interest <br /> or default is with respect to construction of the Minimum therein), (b) nor shall any Partner suffer any such transfer to <br /> Improvements, nothing-contained in this Agr,�ement shall be be made, (c) nor shall there be or be suffered to be by.- <br /> deemed to permit the Mortgagee, either before or after Redeveloper, or by any Partner any other similarly significant <br /> foreclosure or action in lieu thereof, to undertake or continue change in the ownership of such interests or in the relative <br /> the construction of the Minimum Improvements without first distribution thereof, or with respect to the identity of the <br /> having expressly assumed Redeveloper's obligations, by written parties in control of Redeveloper or the degree thereof, by any <br /> agreement satisfactory to the Agency, to complete the Minimum other method or means. So long as Kraus- <br /> •Improvements. Com an re <br /> e eveloner. this Section shal e r <br /> Section 7.6 Agency's Option to Cure Default on a—transfer from - om an as <br /> Mortgage. If Redeveloper is in default under any Mortgage, the an other Partner or <br /> Mortgagee shall within 10 days after it or any of its agents or . <br /> employees become aware of any such default notify the Agency in they b 1 1 ado ion b him or b an <br /> writing of: (a) the fact of the default; (b) the elements of o TI-7—s a item r le al a o e e e <br /> the default; and (c)' the actions required to�cure the default. o ec iv o an trust estab is e <br /> If, within 30 days after receipt of said notice, the Agency or of t e esc an s o 0 <br /> commences the actions necessary to cure the default (and cures a sma an of <br /> the default within 6 months after receipt of said notice), then his escendan re eneral artn <br /> the Mortgagee shall pursue none of its remedies under the <br /> Mortgage based upon the default. In the event of a transfer of Engelsma nr bv anv of his descendants or any trusts or, <br /> title to the Redevelopment Property to the Agency, or a third partnership previously described above herein, <br /> party approved by the Agency, whether or not required to cure a <br /> default under the Mortgage, said transfer shall not constitute Section 8.3 Transfer of Property and Assignment. <br /> an event of default or cause an acceleration of the Redeveloper (except as expressly authorized in this Agreement) <br /> indebtedness under the Mortgage. In the event of said has not made and will not make, or suffer to be made, any total . <br /> transfer, the Mortgagee shall permit the transferee to assume or partial sale, assignment-, conveyance, lease, or other <br /> all outstandinq obligations (and receive all remaining transfer, with respect to.this;,Agreement or the Redevelopment <br /> disbursements) under the Mortgage. Property or any part thereof or any interest therein, or any <br /> contract or agreement to do any of the same, without the prior <br /> written approval of the Agency. The Agency shall be entitled <br /> ARTICLE VIII to require as conditions to any such approval that: (i) the <br /> Prohibitions Against Assignment and Transfer proposed transferee have the qualifications and financial <br /> responsibility, as determined by the Agency, necessary and <br /> Section 8.1 Representation as to Redevelopment. The adequate to fulfill the obligations undertaken.in this <br /> a <br /> Redeveloper represents and agrees that its purchase of the Agreement by Redeveloper; (ii) the proposed•trnsferee, by <br /> Redevelopment Property, and its other undertakings pursuant to recoidable•instrument satisfactory to the Agency shall, for <br /> the Agreement are, and will 'be used, for the purpose of itself and its successors and assigns, assume all of the <br /> redevelopment of the- Redevelopment Property. The Redeveloper obligations of Redeveloper under this Agreement. No transfer <br /> further recognizes that a transfer of all or a substantial part of, or change with respect to, ownership in the Redevelopment <br /> of the partnership interests in the Redeveloper or any other Property or any part thereof, or any interest therein, however <br /> act or transaction resulting in a significant change in the consummated-or occurring and whether voluntary or involuntary, <br /> ownership are of particular concern to the City and the Agency. shall operate, legally or practically, to deprive or limit the <br /> Agency of or with respect to any rights or remedies or controls <br /> Section 8.2 Transfer of ownership. Prior to provided in or resulting from this Agreement with respect to <br /> completion of the Minimum Improvements as certified by the the Redevelopment Property and the construction of the Minimum <br /> -19- -20- <br />