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Agmt21 ROEM Project at 353 Main
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Agmt21 ROEM Project at 353 Main
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Last modified
12/3/2021 11:37:01 AM
Creation date
12/3/2021 11:32:49 AM
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Agreement
Contractor Name
353 Main St.
PROJECT NAME
Loan Agreement
RMP File Number
304
Date
7/13/2021
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(b) Assignor constructs or attempts to construct the Improvements in violation <br />of Article 4 of the Loan Agreement; or <br />(c) Assignor fails to repay the Loan or any portion thereof, if due, within the <br />times and in the manner specified in Article 3 of the Loan Agreement and as described in the <br />Note. The occurrence of a Developer Event of Default under this subsection shall act to <br />accelerate automatically, without the need for any action by Assignee, the indebtedness <br />evidenced by the Note; or <br />(d) Assignor has not satisfied all preconditions set forth in the Loan <br />Agreement to commence construction of the Improvements by the date set forth in the <br />Development Schedule, or fails to commence or complete construction of the Improvements by <br />the date set forth in the Development Schedule, or abandons or suspends construction of the <br />Improvements prior to completion of all construction for a period of sixty (60) days after written <br />notice by Assignee of such abandonment or suspension; or <br />(e) Assignor fails to comply with any obligation or requirement set forth in <br />Article 4 or 5 of the Loan Agreement; or <br />(f) A Transfer occurs, either voluntarily or involuntarily, in violation of <br />Article 6 of the Loan Agreement; or <br />(g) Any representation or warranty contained in the Loan Agreement or in any <br />application, financial statement, certificate or report submitted to Assignee in connection with <br />the Loan Agreement proves to have been incorrect in any material and adverse respect when <br />made; or <br />(h) A court having jurisdiction shall have made or entered any decree or <br />order: (i) adjudging Assignor to be bankrupt or insolvent; (ii) approving as properly filed a <br />petition seeking reorganization of Assignor, or seeking any arrangement for Assignor, under the <br />bankruptcy law or any other applicable debtor's relief law or statute of the United States or any <br />state or other jurisdiction; (iii) appointing a receiver, trustee, liquidator, or assignee of Assignor, <br />in bankruptcy or insolvency or for any of their properties; or (iv) directing the winding up or <br />liquidation of Assignor, if any such decree or order described in clauses (i) to (iv), inclusive, <br />shall have continued unstayed or undischarged for a period of ninety (90) days unless a lesser <br />time period is permitted for cure under any other mortgage on the Property, in which event such <br />lesser time period will apply under this subsection as well; or Assignor, shall have admitted in <br />writing its inability to pay its debts as they fall due or shall have voluntarily submitted to or filed <br />a petition seeking any decree or order of the nature described in clauses (i) to (iv), inclusive; or <br />(i) Assignor shall have assigned its assets for the benefit of its creditors or <br />suffered a sequestration or attachment of, or execution on, any substantial part of its property, <br />unless the property so assigned, sequestered, attached or executed upon shall have been returned <br />or released within ninety (90) days after such event (unless a lesser time period is permitted for <br />cure under any other mortgage on the Property, in which event such lesser time period shall <br />3 <br />1199\09\28269032 <br />1199\09\2727850.8 <br />ATTY/AGR.2020.100/353 Main Street Apartments LP (Page 137 of 143) <br />
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