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2025-09-01-R
CITY-OF-BATESVILLE
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2025-09-01-R
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(b) Such other information about the activities,business affairs,and financial <br /> condition of the Borrower as the Foundation may from time to time reasonably request. <br /> Section 4.6 Notice to the Lender. The Borrower shall advise the Lender, immediately <br /> upon any officer of the Borrower becoming aware thereof, of the occurrence of any of the <br /> following events: <br /> (a) Any proceeding instituted or threatened against the Borrower in or before <br /> any court or any governmental or administrative body or agency,which proceeding could have a <br /> material adverse effect upon the operations, assets, or properties of the Borrower; or any <br /> investigation,adverse regulatory action,or proposed action by any governmental body or agency <br /> against the Borrower,which investigation or action is likely to have a material adverse effect upon <br /> the operations,assets,or properties of the Borrower; <br /> (b) Any act or decision by Borrower to(i)discontinue use of the Project solely <br /> as offices in support of Borrower's governmental activities or(ii)make any material change in the <br /> use of the Project or(iii)abandon the Project or market the Project for sale <br /> (c) Any use of the Loan proceeds for a purpose other than those set forth in <br /> Section 1.3; <br /> (d) Any material adverse change in the condition, financial or otherwise, or <br /> operations of the Borrower;or <br /> (e) Any Event of Default or other event that, with notice or lapse of time or <br /> both,would constitute an Event of Default. <br /> Section 4.7 Appropriations. Until such time as the entire principal balance of the Loan, <br /> and all interest accrued thereon and other charges payable by Borrower hereunder and under the <br /> Note have been fully repaid,the Borrower shall take all necessary actions to ensure that sufficient <br /> funds are appropriated and are available for each fiscal year to permit the repayment of all amounts <br /> due and payable by Borrower under this Agreement and the Note during such fiscal year. <br /> Section 4.8 Corporate Existence and Properties. The Borrower shall do or cause to be <br /> done all things necessary to preserve, renew and keep in full force and effect its corporate <br /> existence,and comply in all material respects with all laws and regulations applicable to it. <br /> Section 4.9 Books and Records.The Borrower agrees that it shall maintain records of <br /> receipts of expenditures of the Loan proceeds made in connection with the Loan for a period of <br /> four years after the date the Loan is paid in full. The Borrower shall make such records available <br /> to Lender from time to time upon Lender's written request. The obligation in this Section 4.9 shall <br /> survive the expiration or termination of this Agreement. <br /> Section 4.10 Attorneys'Fees and Other Expenses.The Borrower shall on demand pay to <br /> the Lender the reasonable fees and expenses of attorneys and other reasonable expenses including, <br /> without limitation,the reasonably allocated costs of in-house counsel and legal staff incurred by <br /> Lender in connection with the enforcement of performance of any other obligations of the <br /> Borrower following a breach by Borrower of its obligations under this Agreement or the Note. <br /> 8 <br />
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