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ATTACHMENT 2 Redline Version of Section 2.3 of the Amended Loan Agreement -- ' +: - ,. +. . . - _ . . thc remainder of the Term, to the extent that the Surplus Cash is insufficient to pay the City Loan Payment, the unpaid portion shall be added to the total amount of the City Loan Payment in the f l cear and shall continue to accrue until paid in full or forgiven pursuant to 2.3(b)(iv). ^Any-on . . - .. . . .. . . • - . - , .. tat payments (c) To the extent that the Surplus Cash is insufficient to be paid before any payments are made pursuant to Section 2.3(b)(i)(7). (0 To the extent that the Surplus Cash is insufficient to pay the Management Incentive Bonus in any given y or, the unpaid portion shall not accrue. F.r - 1 - • Prin i• . .1 • -r- • • • • [. Subject to the Default • • i.n • sii I- . -n• •f h- T- .n in • - • 1 - • i •11 - Ki• wi h h- i Loan that has not yet been paid by] [ Borrower pursuant to this Section ][shall be forgiven, and in such event the Note shall be cancelled and returned to ]1,:, 1.} ‘,. 1 the Borrower Use of Affordability Reserve. Pursuant to Section 2.4 of the Regulatory Agreement the City and the Borrower hereby agree that. in addition to the uses set forth Section 2.4 of the Regulator,C_Agreement and only with prior written approval from the City.the Aff• . . .i i - • - • • - - + • + , • Ann 1 • - i • • - - 'n - - are short term cash flow issues or other extraordinary circumstances. (3) Documentation to City Paymentsof Surplus Cash. The Borrower shall provide the City with any documentation reasonably requested by the City to substantiate the Borrower's determination of Surplus Cash. Payments, if any, shall be delivered within one hundred eighty (180) days of the end of the fiscal year along with the audited financial statement required pursuant to Section 4.2. (A) { _• . . . . . . .. .. . . - - 1 {. Sub eet to the Def ult•.... ... - .. . }{ - . . . .. . ' f•.l.ell be f r,.:ve.. nd iii. Affordability Reserve. In any given year, to the extent there is sash . _ - ,. - - • . : : -{ ' . }(b), eighty percent(80%) of 144V105V1089710 1