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1983-102
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1983-102
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Last modified
3/28/2023 3:08:25 PM
Creation date
3/28/2023 3:04:57 PM
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Resolutions
Resolution Number
1983-102
Approved Date
10/19/1983
Subject
Providing for the financing of the acquition construction & equipment of a
120 Bed Nursing Home Facility located on 37th Street, Providing for Industrial
Development Revenue Bonds (Florida Health Facilities Project)
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ARTICL,L': IX <br />EVENTS OF DEFAULT AND REMEDIES <br />S~ction 9.1 Events of Default Defined. The following <br />-,hall :)e -~veats of default under this Agreement and the terms <br />"Sv~nt ~r Default" or "Default'' shall mean, whenever they are <br />used i.n t.hi,s Agreement, any one or more of the following events: <br />(.:i.) Failure by the Borrower to make any payment with <br />r=so-?ct to the Note that has become Jue and payable by the terms <br />of ~his ~greement. <br />( b) l:ailure by the Borrower to observe and perform any <br />c~venan~, condition or agreement an its part to be observed or <br />perfor~eJ, other than as referred to in subsection (a) of this <br />Secti.::>n, r:::ir a period of 30 days after written notice, specifying <br />such ::iiL.ire and requesting that it be remedied, given to the <br />3orr~wer by the Issuer or the Trustee, unless the Issuer and the <br />-:"c--• .1sto:ie :;h::,.11 agree in wri ting to an e)Ctension of such time prior <br />to its ~xpiration; provided, however, if the failure stated in <br />t:rn :1otice cannot. be corrected within the applicable period, the <br />Issuer -lnJ the Trustee will not unreasonably withhold their con- <br />3cnt t~ 1n ~xtension of such time if corrective action is insti- <br />tuc~l by the aorrower promptly upon receipt of the written notice <br />olnJ is liligently pursued until the default is corrected. <br />(~) The uissolution or liquiuation of the Borrower or <br />the filing by the Oorrower of a voluntary petition in bankruptcy, <br />.:,r :.-:nlure by the Borrower promptly to lift any execution, gar- <br />nianracnt ~r attachment of such consequence as will impair its <br />ability to c arry on its operations at the Project, the Borrower's <br />see~ing of or consenting to or acquiescing in the appointment of <br />~ receiv~r of all or substantially all its property or of the <br />Project, or a<ljudication of the Borrower a s a bankrupt or <br />insolvent, or any ussignment by the Borrower for the benefit of <br />its cru<litors, or the entry by the Oorrower into an agreement of <br />composition with its creuitors, or the approval by a court of <br />competent jurisdiction as huving been fileu in good faith of a <br />petition applicable to the Borrower in any proceeding for its <br />rcor.:_i uni:~ution instituted under the [>rovisions of the general <br />t)c1n,;ruptC"/ act, as amendeu, or under any sirnilar act. which may <br />hereafter be enacted, and such proceeding for reorganization is <br />not '.3tw.yeu or dismissed within 60 days from the filing thereof. <br />( d) 'l'he occurrence of an event which constitutes an <br />i:.:v•~nt -:iE :),~fault unuer (l) the Indenture which has the effect of <br />a.ccelcr:i.r.ing [Jayment of the llonds, or (2) th~ Guar.,nty. <br />-40-
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