HomeMy WebLinkAbout0104 ~
ARTICLE XI
CONCERNING THE UNCONDITIONAL GUARANTY
~
~
The payment of all sums of money required to be paid
by the Company and the performance of all obligations imposed
by this Installment Purchase Trust Agreement upon the Company
are additionally secured by an Unconditional Guaranty of
the Di Giorgio Corporation, a corporation organized under
and existing by virtue of the laws of the State of Delaware
(hereinafter called "Di Giorgio" or the "Guarantor"), which ;
Unconditional Guaranty has been, or prior to the sale and '
delivery of the Bonds will be, executed and delivered by
Di Giorgio to the Issuer. The Unco~ditional Guaranty has
been, or prior to the sale and delivery of the Bonds will
be, assigned to the Barnett Bank of Jacksonville, National
Association, as Trustee, which assignment will be for the
benefit and security of the Issuer.
The Unconditional Guaranty and the assignment shall
be attached hereto as Composite Exhibit C, and shall be in
substantially the following forms, with such omissions, insertions ~
and variations as may be necessary and desirable and authorized
or permitted hereby or by ~any subsequent resolution adopted
prior to the issuance-of the Bonds and agreed to by the parties
hereto:
~
UNCONDITIONAL GUARANTY
THIS iJTICONDITIONAL GUARANTY, dated as of the lst day
of December, 1972, by the Di Giorgio Corporation, a corporation
organized under and existing by virtue of the laws of the
State of Delaware (hereinafter called "Di Giorgio" or the :
;
"Guarantor"),
WITNESSETH:
WHEREAS, TreeSweet Products Co., a corporation organized
under and existing by virtue of the laws of the State of
California and authorized to do business in the State of ~
Florida (hereinafter called the "Company") is a wholly-owned
subsidiary of Di Giorgio and as a result Di Giorgio is vitally
and directly interested in the Company's economic growth;
and
WHEREAS, Di Giorgio and the Comgany are desirous of
building and having built a capital project for use as an
air and water pollution control facility in the processing
and handling of citrus products at the Company's present
citrus processing plant in St. Lucie County, Florida; and
~~THEREAS, St. Lucie County, Florida, a political sub-
division of the State of Florida (hereinafter called the
"Issuer") is willing to ~construct such addition to the Company's
plant in St. Lucie County, Florida, and finance the cost
of same by issuing its $1,000,000 St, Lucie County Pollution i
Control Revenue Bonds (TreeSweet Products Co. Proj_ect) Series
1972 (hereinafter called the "Bonds") i.f Di Giorgio will
unconditionally guarantee the covenants, agreements and contracts
of the Company to the Issuer in regard to the bond issue;
and
45
~~'i3 ~ i!~