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1987-139
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1987-139
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9/2/2022 9:33:01 AM
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Resolutions
Resolution Number
1987-139
Approved Date
11/24/1987
Resolution Type
INDUSTRIAL DEVELOPMENT REVENUE REFUNDING BONDS
Subject
financing the acquisition of a Health Care Facility by Fl. Convalescent Centers, Inc.,
consisting of an 91-bed Nursing Home providing for issuance by ORC
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40 <br />ARTICLE VI <br />EVENTS OF DEFAULT AND REMEDIES; <br />REMEDIES <br />Section 6.01. Events of Default. The following shall be "Events of <br />Default" under this Loan Agreement and the Note and the terms "Event of Default" <br />or "Default" shall mean, whenever they are used in this Loan Agreement, any one <br />or more of the following events: <br />(a) an Event of Default as defined in Section 7.01(a) or (b) of the <br />Indenture shall have occurred and be continuing; <br />(b) the Borrower shall fail to pay when due any payment required to be <br />paid under Section 3.02 hereof; <br />(c) the Borrower shall fail to pay when due any payment required to be <br />made under this Loan Agreement or the Note, which failure shall continue for a <br />period of 30 days after written notice, specifying such failure and requesting <br />that it be remedied, is given to the Borrower and N11C by the Issuer or the <br />Trustee; <br />(d) the Borrower shall fail to perform, observe or comply with any <br />other of the terms, covenants, conditions or provisions contained in this Loan <br />Agreement or the Note, which failure shall continue for a period of 30 days after <br />written notice thereof shall have been given to the Borrower and NHC by the <br />Issuer or the Trustee; provided, however, that if the Borrower or N11C shall <br />proceed to take any curative action that, if begun and prosecuted with due <br />diligence, cannot be completed within a period of 30 days, then such period shall <br />be increased to such extent as shall be necessary to enable the Borrower or NHC <br />to complete such curative action through the exercise of due diligence; <br />(e) the Borrower shall become insolvent or the subject of insolvency <br />proceedings or shall file a petition or other pleading seeking an "order for <br />relief" within the meaning of the United States Bankruptcy Code, or shall file <br />any petition or other pleading seeking any reorganization, composition, <br />readjustment, liquidation of assets or similar relief for itself under any <br />present or future law or regulation, or shall seek or consent to or acquiesce in <br />the appointment of any trustee, receiver or liquidator of the Borrower, or of <br />substantially all of the assets of the Borrower, or shall make a general <br />assignment for the benefit of creditors, or shall be unable or admit in writing <br />its inability to pay its debts generally as they become due; <br />(f) a petition or other pleading shall be filed against the Borrower <br />seeking an "order for relief" within the meaning of the United States Bankruptcy <br />Code or any reorganization, composition, readjustment, liquidation of assets or <br />similar relief under any present or future law or regulation, and shall remain <br />undismissed or unstayed for an aggregate period of 90 days (whether or not <br />consecutive), or if, by an order or decree of a court of competent jurisdiction, <br />the Borrower shall become the subject of an "order for relief" within the meaning <br />of the United States Bankruptcy Code or relief shall be granted under or pursuant <br />to any such petition or other pleading, or if, by order or decree of such court, <br />19 <br />
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