Loading...
HomeMy WebLinkAbout1827 (b) The Borrower shall, upon request of the Lender, furnish the Lender a complete list of all Contracts, Licenses and Agreements. Further, if requested, the Horrower shall deliver to the Lender eaecuted or certified copies of all Contracts, Licenses, Agreements, and other written agreements, correspondence and memoranda between the Borrower (and its predecessors in title) and the Contractors, the Governmental Authorities and the Purchasers and Lessees, setting forth the contractual and other arrangements between them. To the eztent that the Borrower does not have ezecuted or certified copies of the foregoing in its possession, the Borrower shall deliver copies of those of the foregoing which are in its possession, with a certification that, to the best of its knowledge and belief, they are true and correct copies. Sec~ion 3. Horrower's Repre~entations and Warranties. The Horrower represents and warrants: i ; (a) That it has the right to eaecute and deliver this Assignment; ~ (b) That it has made no prior assignments of the ~ Additional Collateral; i ~ (c) That all Additional Collateral are in full force and effect on the date hereof, subject to no defenses, set-offs or counterclaims whatsoever; F E (d) That there eaists no event, condition or € occurrence that constitutes, or which with notice and/or the ' passage of time would constitute, a breach of or default under ~ any term or condition of any of the Additional Collateral; and t ~ (e) That it shall not do any act which would destroy ~ or impair the security of the Lender under this Assignment. ~ Section 9. I~iah~s Prior to an Event of Defa~it. Until the occurrence of an Event of Default under the Loan Documen~s, the Borrower may retain, use and enjoy the benefits of the A3ditional Collateral. Section 5. ~emedies for Def ault. Upon the occurrence of an Event of Default, the Lender shall have the following remedies: _ - (a) The Lend~r may eiect to eaercise any and all of : the Borrower's rights and remedies under the Additional r 3 600K~~~ PAGE~H27 u ~ ~ ' z ~ ~ ~ ~s~~~ ~-~;="~.-s~~ ~