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Ordinance 2002-162
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Ordinance 2002-162
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8/19/2013 4:13:28 PM
Creation date
1/25/2006 4:41:03 PM
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CityClerk-Ordinances
Ordinance Number
2002-162
Date (mm/dd/yyyy)
10/10/2002
Description
Negotiate $18.5 Million Loan from Fla. Municipal Loan Counci
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<br />limitation a receiver, liquidator or trustee) of the Borrower or any of its property is appointed by <br />court order or takes possession thereof and such order remains in effect or such possession continues <br />for more than 60 days; <br /> <br />(h) Default under any agreement to which Borrower is a party evidencing, securing or <br />otherwise respecting any indebtedness of the Borrower outstanding in the amount of $100,000 or <br />more if, as a result thereof, such indebtedness may be declared immediately due and payable or other <br />remedies may be exercised with respect thereto; <br /> <br />(i) Any material provision ofthis Loan Agreement shall at any time for any reason cease <br />to be valid and binding on Borrower, or shall be declared to be null and void, or the validity or <br />enforceability of this Loan Agreement shall be contested by Borrower or any governmental agency or <br />authority, or if Borrower shall deny any further liability or obligation under this Loan Agreement; or <br /> <br />(j) Final judgment for the payment of money in the amount of $250,000 or more is <br />rendered against Borrower and at any time after 90 days from the entry thereof, unless otherwise <br />provided in the final judgment, (i) such judgment shall not have been discharged, or (ii) Borrower <br />shall not have taken and be diligently prosecuting an appeal therefrom or from the order, decree or <br />process upon which or pursuant to which such judgment shall have been granted or entered, and have <br />caused the execution of or levy under such judgment, order, decree or process of the enforcement <br />thereofto have been stayed pending determination of such appeal, provided that such execution and <br />levy would materially adversely affect the Borrower's ability to meet its obligations hereunder; or <br />(iii) Borrower is not obligated with respect to such judgment pursuant to the provisions of Chapter <br />768, Florida Statutes. <br /> <br />SECTION 8.02. Notice of Default. The Borrower agrees to give the Trustee, the Bond <br />Insurer and the Council prompt written notice if any petition, assignment, appointment or possession <br />referred to in Section 8.01(e), 8.01(f) and 8.01(g) is filed by or against the Borrower or of the <br />occurrence of any other event or condition which constitutes a Default or an Event of Default, or <br />with the passage of time or the giving of notice would constitute an Event of Default, immediately <br />upon becoming aware of the existence thereof. <br /> <br />SECTION 8.03. Remedies on Default. Whenever any Event of Default referred to in <br />Section 8.01 hereof shall have happened and be continuing, the Council or the Trustee shall, with the <br />written consent of the Bond Insurer or upon the direction of the Bond Insurer, in addition to any <br />other remedies herein or by law provided, have the right, at its or their option without any further <br />demand or notice, to take such steps and exercise such remedies as provided in Section 9.02 ofthe <br />Indenture, and, without limitation, one or more of the following: <br /> <br />(a) Declare all Loan Repayments, in an amount equal to 100% ofthe principal amount <br />thereof plus all accrued interest thereon to the date on which such Loan Repayments shall be used to <br />redeem Bonds pursuant to Section 3.02 of the Indenture and all other amounts due hereunder, to be <br /> <br />26 <br />
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