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2009-05-02-R
CITY-OF-BATESVILLE
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2009-05-02-R
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22.Security Interest. To secure all of its obligations hereunder Lessee grants to Lessor <br /> a first and prior security interest in any and all right and interest of Lessee in the Equipment, the <br /> Agreement and payments due under this Agreement, agrees that this Agreement may be filed as <br /> a financing statement evidencing such security interest, and agrees to execute and deliver all <br /> financing statements and other instruments necessary or appropriate to evidence such security <br /> interest. Lessee further agrees that the Uniform Commercial Code of the State of Arkansas shall <br /> apply as between the parties hereto and assignees of Lessor. <br /> 23.Default. The Lessee shall be in default under this Agreement upon the occurrence <br /> of any of the following events: <br /> (a) nonpayment when due or within 6 days thereafter of any installment of rent or <br /> other sum owing hereunder; <br /> (b) breach of any other covenant or agreement in this Agreement and the <br /> continuance of such breach for a period of 10 consecutive days following Lessee's receipt of <br /> written notice thereof from Lessor; <br /> (c) if any representation or warranty made by Lessee or by any agent or <br /> representative of Lessee herein or in any document or certificate furnished Lessor in connection <br /> herewith or pursuant hereto proves to be incorrect at any time in any material respect; <br /> (d) if Lessee shall dissolve or become insolvent or bankrupt, commit any act of <br /> bankruptcy, make any assignment for the benefit of, or enter into an arrangement or composition <br /> with creditors, suspend or terminate the transaction of its usual business or consent to the <br /> appointment of a trustee or receiver of if a trustee or receiver shall be appointed for Lessee or for <br /> a substantial part of its property, or if bankruptcy, reorganization arrangements or similar <br /> proceedings shall be instituted by or against Lessee; <br /> (e) if any order,judgment or decree shall be entered against Lessee by a court of <br /> competent jurisdiction and such order, judgment or decree shall continue unpaid or unsatisfied <br /> for any period in excess of 60 consecutive days without a stay of execution, or if a writ or order <br /> of attachment, execution or other legal process shall be issued in connection with any action or <br /> proceeding against Lessee or its property whereby any of the Equipment or any substantial part <br /> of Lessee's property may be taken or restrained; <br /> (f) if Lessee shall default in the performance of any obligation or in the payment <br /> of any sum due to the Lessor under any other lease, contract, agreement, arrangement or <br /> understanding; <br /> (g) if any indebtedness of Lessee for borrowed money shall become due and <br /> payable by acceleration of the maturity date thereof, or <br /> (h) if Lessor, in the exercise of reasonable judgment, shall determine that Lessee is <br /> generally not paying its debts as such debts become due. In addition, Lessee shall give Lessor <br /> five (5) days' written notice prior to the filing of any voluntary petition of bankruptcy, written <br /> �r notice upon commencement of an involuntary bankruptcy proceeding, or written notice prior to <br /> 12 <br />
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