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11
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2009
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042109
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11
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4/15/2009 11:38:01 AM
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4/15/2009 11:38:00 AM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
4/21/2009
DESTRUCT DATE
15 Y
DOCUMENT NO
11
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interest and other unpaid charges or fees hereunder, shall be due and payable on the Ulaturity <br />Date, unless Borrower requests additional time for repayment, which repayment period may be <br />extended to six (6) years after the Maturity Date or until June 30, 2019. All payments shall be <br />made to Lender at such place as Lender may, from time to time, designate. All payments <br />received hcrcunder shall be applied, first, to any costs or expenses incurred by Lender in <br />collecting such payment or Co any other unpaid charges or expenses due hcrcunder; second, to <br />accrued interest, and third, to principal. Borrower may prepay principal at any time without <br />penalty. <br />a. Borrower's sow~ce far repayment shall be the fees deposited into E3orrowcr's Fund <br />25 for school impact tees. <br />5. REPR6SENTAT[ONSRND WARRANTIES. In order to induce Lender to <br />enter into this Agreement and to make the advances provided for herein, Borrower represents <br />and warrants to Lender as follows: <br />a. Borrower has the authority and power to execute and deliver any document <br />required hcrcunder and to perform any condition or obligation imposed under the <br />terms of such documents. <br />h. The execution, delivery and performance of this Agreement and each document <br />incident hereto will not violate any provision of any applicable law, regulation, <br />order, judgment, decree, indenture, contract, agreement, or other undertaking to <br />which Borrower is a party, or which purports to be binding on Borrower or its <br />assets and will not result in the a~cation or imposition of a lien on any of its assets. <br />c. There is no action, suit, investigation, or proceeding pending or, to the knowledge <br />of Borrower, threatened, against or affecting Borrower or any of its assets which, <br />if adversely detenmincd, would have a material adverse affect on the financial <br />condition of Borrower or the operation of its business. <br />6. EVENTS OF DEFAULT. An event of detault will occur if any of the fr~llowing <br />events occurs: <br />a. Failure to pay any principal or interest hcrcunder within ten (10) days after the <br />same becomes due. <br />b. Any representation or warranty made by Borrower in this Agreement or in <br />connection with any borrowing or request for an Advance hereunder, or in any <br />ccrtiticate, financial statement, or other statement furnished by Borrower to <br />Lender is untrue in any material respect at the time when made. <br />c. Default by Borrower in the observance or performance of any other covenant or <br />agreement contained in this Agreement, other Chan a default constituting a <br />separate and distinct event of default under this Paragraph 6. <br />-2- <br />
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