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<br /> finds that the form and substance of such document are satisfactory and <br /> the recitals and findings contained therein are true, correct and <br /> complete and hereby adopts and incorporates by reference such recitals <br /> and findings as if set forth in full in this resolution, and finds that <br /> it is in the best interest of the public and the Corporation and assists <br /> in carrying out the public purpose of the Corporation and of the Act to <br /> authorize the execution and delivery of such documents; <br /> NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE <br /> CITY OF SAN MARCOS INDUSTRIAL DEVELOPMENT CORPORATION, THAT: <br /> 1. The amendment to the Original Agreement to provide for the <br /> modification of certain of the financial covenants of the User contained <br /> therein shall be effected pursuant to a first amendment to loan <br /> agreement substantially in the form of the First Amendment to - Loan <br /> Agreement, dated as of April 1, 1983 (the "First Amendment to <br /> Agreement"), by and between the Corporation and the User, which was <br /> presented to the Board, the form, terms and prov is ions of such First <br /> Amendment to Agreement being hereby authorized and approved, and the <br /> President and the Vice President of the Corporation are hereby severally <br /> authorized and directed to execute and deliver such First Amendment to <br /> Agreement on behalf of the Corporation, and the Secretary of the <br /> Corporation is hereby authorized to attest and affix the Corporation's <br /> seal thereto, with such changes therein as the officers executing the <br /> same may approve, such approval to be conclusively evidenced by such <br /> execution thereof. <br /> 2. The officers, employees and agents of the Corporation, and <br /> each of them, shall be and each is expressly authorized, empowered and <br /> directed from time to time and at any time to do and perform all acts <br /> and things and to execute, acknowledge and deliver in the name and under <br /> the corporate seal and on behalf of the Corporation all certificates, <br /> financing statements, instruments and other papers, whether or not <br /> herein mentioned, as they may determine to be necessary or desirable in <br /> order to carry out the terms and provisions of this resolution and of <br /> the First Amendment to Agreement hereby authorized and approved, such <br /> determination to be conclusively evidenced by the performance of such <br /> acts and things and the execution of any such certificate, financing <br /> statement, instrument or other paper. <br /> 3. This resolution shall take effect and be in full force and <br /> effect upon and after its passage. <br /> PASSED ANu APPROVED this 23rd day of May, 1983. <br /> ------------------------------------------------------------------------ <br /> -2- <br />