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SANTA ANA WBBB, LP 4
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Last modified
3/6/2017 1:21:10 PM
Creation date
4/6/2011 3:38:12 PM
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Contracts
Company Name
SANTA ANA WBBB, LP
Contract #
A-2011-051
Agency
COMMUNITY DEVELOPMENT
Council Approval Date
3/7/2011
Destruction Year
0
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(iv) to best of its knowledge, violate any provision of any law <br />presently in effect; or <br />(v) constitute a breach or default under, or permit the acceleration <br />of obligations owed under, any contract, loan agreement, lease or other agreement or document to <br />which Developer is a party or by which Developer or any of its property is bound. <br />(c) Developer is not in default, in any respect that is materially adverse to <br />the interests of Agency/City under the Loan Documents or that would have any material adverse <br />effect on the financial condition of Developer or the conduct of its business, under any law, contract, <br />lease or other agreement or document described in sub-paragraph (d) or (e) of the previous <br />subsection. <br />(d) No approval, license, exemption or other authorization from, or filing, <br />registration or qualification with, any Governmental Authority is required which has not been <br />previously obtained in connection with: <br />(i) the execution of Developer of, and the performance by <br />Developer of its obligations under, the Loan Documents; and <br />(ii) the creation of the liens described in the Loan Documents. <br />901.3 Financial and Other Information. To the best of Developer's knowledge, <br />all financial information furnished to Agency/City with respect to Developer in connection with the <br />Loans (a) is complete and correct in all material respects as of the date of preparation thereof, <br />(b) accurately presents the financial condition of Developer, and (c) has been prepared in accordance <br />with generally accepted accounting principles consistently applied or in accordance with such other <br />principles or methods as are reasonably acceptable to Agency/City. To the best of Developer's <br />knowledge, all other documents and information furnished to Agency/City with respect to Developer, <br />in connection with the Loans, are correct and complete insofar as completeness is necessary to give <br />the Agency/City accurate knowledge of the subject matter. To the best of Developer's knowledge <br />Developer has no material liability or contingent liability not disclosed to Agency/City in writing and <br />there is no material lien, claim, charge or other right of others of any kinds (including liens or <br />retained security titles of conditional vendors) on any property of Developer not disclosed in such <br />financial statements or otherwise disclosed to Agency/City in writing. <br />901.4 Experience and Qualifications. Developer has the experience and <br />qualifications necessary to perform as Developer pursuant to this Agreement and the other Project <br />Documents. <br />901.5 No Material Adverse Change. There has been no material adverse change <br />in the condition, financial or otherwise, of Developer since the dates of the latest financial statements <br />furnished to Agency/City. Since those dates, Developer has not entered into any material transaction <br />not disclosed in such financial statements or otherwise disclosed to Agency/City in writing. <br />901.6 Tax Liability. Developer has filed all required federal, state and local tax <br />returns and has paid all taxes (including interest and penalties, but subject to lawful extensions <br />disclosed to Agency/City in writing) other than taxes being promptly and actively contested in good <br />faith and by appropriate proceedings. Developer is maintaining adequate reserves for tax liabilities <br />30 <br />DOCSOC/ 1469583 v5/200272-0003
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