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Re: sello post# 35346

Monday, 06/15/2020 7:58:02 AM

Monday, June 15, 2020 7:58:02 AM

Post# of 41161
SEC can’t allow PACV to break any agreements. That’s just not how contracts work...

Also, what is this “sole financier clause” that you mentioned?

This is what it states in the filings:

Survival: Successors and Assigns. All covenants, agreements, representations and warranties made herein shall survive the execution and delivery hereof, and shall continue in full force and effect until all Obligations have been paid in full, there exists no commitment by Secured Party which could give rise to any Obligations. Whenever in this Agreement any of the parties hereto is referred to, such reference shall be deemed to include the successors and assigns of such party. In the event that Secured Party assigns this Agreement and/or its security interest in the Collateral, such assignment shall be binding upon and recognized by the Pledgor. All covenants, agreements, representations and warranties by or on behalf of the Pledgor or the Company which are contained in this Agreement shall inure to the benefit of Secured Party, its successors and assigns. Neither the Pledgor, nor the Company, may assign this Agreement or delegate any of their respective rights or obligations hereunder, without the prior written consent of Secured Party, which consent may be withheld in Secured Party’s sole and absolute discretion.

The receiver, on behalf of the Secured Party (TCA), will decide whether or not PACV can initiate another deal to replace the financing afforded by this contract.

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