agree to submit to the non-exclusive jurisdiction of any federal or state court sitting in Colorado for any
action or proceeding arising out of or relating to this Agreement or any other Loan Document. The
Company hereby waives any objection that it may have tc any such action or proceeding on the basis of
forum non-conveniens.
{C) Application of Funds. Apply all payments received by it to the Company’s
obligations ts CoBank in such order and manner as CoBank may elect in its sole discretion
SECTION 8.11. Changes in Ownership. The Company shall cease fo be owned 100% by
the Guarantor or 50°» or more of the voting stock in the Guarantor should be acquired by a Person or a
Pecson and one or more Affiliates of thal Person,
SECTION 8,03. Covenants. The Company should fail to perform or comply with any
covenant set forth in Articte 5 hereof (other than Sections 5.01, 5.06(F} and 5.10} and such failure
continues for 30 days after written notice thereof shail have been delivered to the Company by CoBank.
SECTION 6.08. Prepayment. While any Default or Event of Default shall have occurred
and be continuing, prepay, directly or indirectly, any debt {other than debt 1o CoBank).
(G} Easements, rights-of-way, restrictions, and other similar encumbrances which, in
the aggregate, do not materially interfere with the occupation, use, and enjoyment by the Company of the
property or assets encumbered thereby in the normal course of its business or materially impair the value
of the property subject thercto
(H) Purchase money Liens on trucks and other rolling stock and the proceeds thereot
to secure debt permitted under Section 6.02E) hereof.
SECTION 3.10. Water Rights, Title to Property, Etc. (A) Obtain and maintain water rights
in such amounts, priorities and qualities as are necessary at all times to meet the needs of its customers,
(8) obtain and maintain title to, valid leasehold interests in, or other valid interests finciuding easements,
licenses and servitudes) in, ail real property oa which all water wells, reservoirs, walter and wastewater
treatment piants, and warehouse and storage facilities ave located, (C) keep all water rights and discharge
(D) Annual Budgets. As soon as available, but in no event more than 90 days after
the beginning of each fiscal year of the Company, an annual budget and forecast of operations and capital
expenditures for the Company for such year, which budget must be in form and content reasonably
acceptable to CoBank.
SECTION 5.03. Insurance. Maintain insurance with financially sound and reputable
insurance companies or associations reasonably acceptable to CoBank in such amounts and covering
such risks as are usually carried by companies cngaged in the same business and similarly situated, and
make such increases in the amounts or coverage thereof as CoBank may from time to time require.
Without limiting the foregoing. in the event any property of the Company is located in a flaad zone, then
reasonable and realistic, and no fact has come to light, and no event has occurred. which would cause any
material assumption made therein to not be reasonable or realistic.
