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RES 17969
City of Pleasanton
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RES 17969
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11/7/2017 3:56:57 PM
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
10/17/2017
DESTRUCT DATE
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DOCUMENT NO
17969
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(d) Subject to Lessees right to contest the following charges, Lessee's failure <br /> to pay taxes or assessments due on the Leased Premises or the Improvements or failure to pay <br /> any other charge that may result in a lien on the Leased Premises or the Improvements, and <br /> Lessee's failure to cure such default within twenty (20) days of delinquency, but in all events <br /> prior to the date upon which the holder of any such lien has the nght to foreclose thereon, <br /> (e) A Transfer(other than a Permitted Transfer) occurs, either voluntanly or <br /> involuntarily, in violation of this Lease, <br /> (f) the subjection of any right or interest of Lessee in this Lease to <br /> attachment, execution, or other levy, or to seizure under legal process, if not released within <br /> ninety (90) days; <br /> (g) Lessee shall have voluntarily suspended its business for a period in excess <br /> of thirty(30) days for reasons other than Force Majeure, or Lessee shall have been dissolved or <br /> terminated; <br /> (h) Intentionally omitted <br /> (i) the appointment of a receiver, to take possession of Lessee's Estate or of <br /> Lessee's operations on the Leased Premises for any reason, if such receivership is not terminated <br /> dismissed or vacated within ninety(90) days after the appointment of the receiver, <br /> (1) pursuant to or within the meaning of the United States Bankruptcy Code <br /> or any other federal or state law relating to insolvency or relief of debtors ("Bankruptcy Law"), <br /> Lessee or any general partner thereof-(i) commences a voluntary case or proceeding, (ii) consents <br /> to the entry of an order for relief against Lessee or any general partner thereof in an involuntary <br /> case; (iii) consents to the appointment of a trustee, receiver, assignee, liquidator or similar <br /> official for Lessee or any general partner thereof or for the Leased Premises; (iv) makes an <br /> assignment for the benefit of its creditors, or(v) admits in writing its inability to pay its debts as <br /> they become due, provided however, with respect to Lessee's general partner, the foregoing <br /> actions shall not constitute an Event of Default if the Investor promptly takes action to replace <br /> the general partner; <br /> (k) the filing against Lessee of any involuntary proceedings under such <br /> Bankruptcy Code or similar law, if such proceedings have not been vacated or stayed within <br /> ninety(90) days of filing; <br /> (1) the appointment of a trustee or receiver for Lessee or for all or the major <br /> part of Lessee's property or the Leased Premises, in any involuntary proceeding, or the taking of <br /> jurisdiction by any court over all or the major part of Lessee's property or the Leased Premises in <br /> any involuntary proceeding for the reorganization, dissolution, liquidation or winding up of <br /> Lessee, if such trustee or receiver shall not be discharged or such junsdiction relinquished or <br /> vacated or stayed on appeal or otherwise stayed within ninety(90) days, <br /> (m) any of Lessee's representations or warranties contained in this Lease or in <br /> any financial statement, certificate or report submitted to Lessor in connection with this Lease <br /> proves to have been incorrect in any material and adverse respect when made and continues to be <br /> 35 <br /> 191\52\1656915 8 <br /> OAK 44834-9609-1684 v9 <br />
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