Examples of Predevelopment Loan Note in a sentence
The Note replaces the Initial Predevelopment Loan Note, consolidates the Initial Predevelopment Loan, Second Predevelopment Loan, Development Loan, and Agency AHP Gap Loan (collectively, the “Agency Loans”), and requires SCH to repay the Agency Loans as follows: During the thirty (30) year period commencing on the date the Note is executed, SCH will be required make annual payments out of its residual receipts from operating the Park.
This Predevelopment Loan Note shall be governed by and construed in accordance with the laws of the State of California.
This Predevelopment Loan Note evidences the obligation of the Borrower to the City for the repayment of the Predevelopment Loan.
Borrower hereby agrees to pay all costs and expenses, including reasonable attorney's fees, which may be incurred by the holder hereof, in the enforcement of this Predevelopment Loan Note or any term or provision of either thereof.
Borrower and all persons liable or to become liable on this Predevelopment Loan Note waive presentment for payment, protest, and demand; notice of protest, demand, and dishonor; and any and all other notices or matters of a like nature; the benefits of all waivable exemptions; and all defenses and pleas on the ground of any extension or extensions of the time of payment or of any due date under this Predevelopment Loan Note, in whole or in part, whether before or after maturity and with or without notice.
On the occurrence of a Default under this Predevelopment Loan Note, the entire unpaid principal balance shall then automatically bear interest at an annual rate equal to the lesser of ten percent (10%) or the highest rate of interest permitted by law (the Default Rate).
If, under any circumstances, City shall ever receive as interest an amount that exceeds the highest lawful rate, the amount that would be excessive interest shall be applied to reduce the unpaid principal balance under this Predevelopment Loan Note and not to pay interest, or, if such excessive interest exceeds the unpaid principal balance under this Predevelopment Loan Note, such excess shall be refunded to Borrower.
If, under any circumstances, fulfillment of any provision of this Predevelopment Loan Note or any other agreement pertaining to this Predevelopment Loan Note, after timely performance of such provision is due, shall involve exceeding the limit of validity prescribed by law that a court of competent jurisdiction deems applicable, then, ipso facto, the obligations to be fulfilled shall be reduced to the limit of such validity.
The term of this Predevelopment Loan Note shall commence on the date first stated above and shall terminate upon Closing for the conveyance of the Leasehold from City to Borrower, in accordance with the Schedule of Performance (Attachment No. 5 to the DDA)(the “Maturity Date”).
If this Predevelopment Loan Note is not paid when due, whether on the Maturity Date or on acceleration of this Predevelopment Loan Note, Borrower promises to pay all collection costs, including, but not limited to, attorney fees and court costs, whether or not suit is filed on this Predevelopment Loan Note.