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NORTH BROADWAY HOUSING PARTNERS LP
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Last modified
4/18/2023 11:56:06 AM
Creation date
4/18/2023 11:49:28 AM
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Contracts
Company Name
NORTH BROADWAY HOUSING PARTNERS LP
Contract #
A-2023-027
Agency
Community Development
Council Approval Date
3/7/2023
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prohibition continues unstayed for ninety (90) days or more for any reason; <br />(h) Developer is dissolved, liquidated or terminated, or all or <br />substantially all of the assets of Developer are sold or otherwise transferred without the <br />Executive Director's prior written consent; <br />(i) Developer is the subject of an order for relief by a bankruptcy court, <br />or is unable or admits its inability to pay its debts as they mature, or makes an assignment <br />for the benefit of creditors; or Developer applies for or consents to the appointment of any <br />receiver, trustee, custodian, conservator, liquidator, rehabilitator or similar officer for it or <br />any part of its property; or any receiver, trustee, custodian, conservator, liquidator, <br />rehabilitator or similar officer is appointed without the application or consent of Developer <br />and the appointment continues undischarged or unstayed for ninety (90) days; or Developer <br />institutes or consents to any bankruptcy, insolvency, reorganization, arrangement, <br />readjustment of debt, dissolution, custodianship, conservatorship, liquidation, <br />rehabilitation or similar proceeding relating to it or any part of its property; or any similar <br />proceeding is instituted without the consent of Developer and continues undismissed or <br />unstayed for ninety (90) days; or any judgment, writ, warrant of attachment or execution, <br />or similar process is issued or levied against any property of Developer and is not released, <br />vacated or fully bonded within ninety (90) days after its issue or levy; <br />0) Any of the Senior Loan documents is amended, supplemented or <br />otherwise modified without City's prior written consent (which consent shall not be <br />unreasonably withheld or delayed), to the extent the City's consent is required pursuant to <br />any subordination agreement between the City and the Senior Lender; <br />(lc) Senior Loan Document Breach. Any default or breach of Developer <br />that continues uncured after the expiration of any applicable cure period under any other <br />loan document including, but not limited to, the Senior Loan Documents (including but not <br />limited to the Senior Loan Deed of Trust); <br />(1) Voluntary Suspension. The voluntary suspension of Developer's <br />business or the dissolution or termination of the Partnership (if any) constituting <br />Developer; <br />(m) Unauthorized Transfer. Developer's sale or other transfer of the <br />Property or the Project in violation of the terms in this Agreement; <br />(n) Fraud or Material Misstatement or Omissions. Any fraudulent act <br />or intentional material omission of Developer's, or intentional material misrepresentation <br />of Developer's, pertaining to or made in connection with the City/HOME-ARP Loan, Loan <br />Documents or the Project; or, <br />(o) Project Monies. Developer's intentional misapplication or <br />embezzlement of Project monies. <br />20.2. Remedies Upon Default. Upon the occurrence and during the continuance <br />of any Event of Default, City may, at its option and in its sole and absolute discretion, do <br />51 <br />WISEPIace Pemranent Supportive Housing <br />City HOME -ARP Loan Agreement <br />
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