Common use of Additional Bonds Clause in Contracts

Additional Bonds. (a) Additional Bonds may be issued, notwithstanding anything herein to the contrary, on a parity with the 20 Bonds and any other Bonds then outstanding subject to the terms and limitations of this section, to finance or refinance the acquisition or construction of improvements to the Leased Premises, or to refund any of the Bonds. (b) Upon the execution and delivery of an appropriate supplement to this Indenture, the Authority shall execute and deliver to the Registrar and the Registrar shall authenticate such Additional Bonds and deliver them as may be directed in writing by the Authority. The supplemental indenture shall specify, as to the Additional Bonds, the designation, date, denominations, numbering, interest rate or rates, maturities, redemption provisions, if any, payment provisions, the form of bond and any other appropriate terms. Prior to the delivery by the Registrar of any Additional Bonds, there shall be filed with the Trustee: (1) a copy, certified by the Secretary-Treasurer of the Authority, of an amendment to the Lease, or a new lease agreement, between the Authority and the Commission, which requires the Commission to pay to the Authority fixed annual rentals in an amount sufficient to pay the principal of and interest on such Additional Bonds; (2) an executed counterpart of such supplemental indenture, adding to the Trust Estate all rights, titles and interests of the Authority under such amendment to the Lease or such new lease agreement; (3) a report or a certificate prepared by an independent certified public accountant or an independent financial advisor selected by the Authority supported by appropriate calculations, stating that the Additional Bonds can be amortized, along with the 20 Bonds, from lease rental payments pursuant to the Lease; (4) a copy, certified by the Secretary-Treasurer of the Authority, of the resolution, adopted by the board of directors of the Authority, authorizing the execution and delivery of such supplemental indenture and such Additional Bonds; (5) a request and authorization to the Registrar by an officer of the Authority to authenticate and deliver such Additional Bonds to the purchasers therein identified upon payment to the Trustee of the purchase price plus accrued interest to the date of delivery, as specified in the request and authorization; and (6) an opinion of nationally recognized bond counsel to the effect that the issuance and sale of such Additional Bonds will not result in interest on the 20 Bonds and any outstanding, tax-exempt Additional Bonds becoming includable in the gross income of the owners thereof for federal income tax purposes.

Additional Bonds. (a) Additional Bonds may be issued, notwithstanding anything herein to the contrary, on a parity with the 20 2020 Bonds and any other Bonds then outstanding subject to the terms and limitations of this section, to finance or refinance the acquisition or construction of improvements to the Leased Premises, or to refund any of the Bonds. (b) Upon the execution and delivery of an appropriate supplement to this Indenture, the Authority shall execute and deliver to the Registrar and the Registrar shall authenticate such Additional Bonds and deliver them as may be directed in writing by the Authority. The supplemental indenture shall specify, as to the Additional Bonds, the designation, date, denominations, numbering, interest rate or rates, maturities, redemption provisions, if any, payment provisions, the form of bond and any other appropriate terms. Prior to the delivery by the Registrar of any Additional Bonds, there shall be filed with the Trustee: (1) a copy, certified by the Secretary-Treasurer of the Authority, of an amendment to the LeaseLeases, or a new lease agreement, between the Authority and the Commission, which requires the Commission to pay to the Authority fixed annual rentals in an amount sufficient to pay the principal of and interest on such Additional Bonds; (2) an executed counterpart of such supplemental indenture, adding to the Trust Estate all rights, titles and interests of the Authority under such amendment to the Lease Leases or such new lease agreement; (3) a report or a certificate prepared by an independent certified public accountant or an independent financial advisor selected by the Authority supported by appropriate calculations, stating that the Additional Bonds can be amortized, along with the 20 2020 Bonds, from lease rental payments pursuant to the LeaseLeases; (4) a copy, certified by the Secretary-Treasurer of the Authority, of the resolution, adopted by the board of directors of the Authority, authorizing the execution and delivery of such supplemental indenture and such Additional Bonds; (5) a request and authorization to the Registrar by an officer of the Authority to authenticate and deliver such Additional Bonds to the purchasers therein identified upon payment to the Trustee of the purchase price plus accrued interest to the date of delivery, as specified in the request and authorization; and (6) an opinion of nationally recognized bond counsel to the effect that the issuance and sale of such Additional Bonds will not result in interest on the 20 2020 Bonds and any outstanding, outstanding tax-exempt Additional Bonds becoming includable in the gross income of the owners thereof for federal income tax purposes.

Additional Bonds. (a) Additional Bonds may be issued, notwithstanding anything herein to the contrary, on a parity with the 20 2020 Bonds and any other Bonds then outstanding subject to the terms and limitations of this section, to finance or refinance the acquisition or construction of improvements to the Leased Premises, or to refund any of the Bonds. (b) Upon the execution and delivery of an appropriate supplement to this Indenture, the Authority shall execute and deliver to the Registrar and the Registrar shall authenticate such Additional Bonds and deliver them as may be directed in writing by the Authority. The supplemental indenture shall specify, as to the Additional Bonds, the designation, date, denominations, numbering, interest rate or rates, maturities, redemption provisions, if any, payment provisions, the form of bond and any other appropriate terms. Prior to the delivery by the Registrar of any Additional Bonds, there shall be filed with the Trustee: (1) a copy, certified by the Secretary-Treasurer of the Authority, of an amendment to the Lease, or a new lease agreement, between the Authority and the Commission, which requires the Commission to pay to the Authority fixed annual rentals in an amount sufficient to pay the principal of and interest on such Additional Bonds; (2) an executed counterpart of such supplemental indenture, adding to the Trust Estate all rights, titles and interests of the Authority under such amendment to the Lease or such new lease agreement; (3) a report or a certificate prepared by an independent certified public accountant or an independent financial advisor selected by the Authority supported by appropriate calculations, stating that the Additional Bonds can be amortized, along with the 20 2020 Bonds, from lease rental payments pursuant to the Lease; (4) a copy, certified by the Secretary-Treasurer of the Authority, of the resolution, adopted by the board of directors of the Authority, authorizing the execution and delivery of such supplemental indenture and such Additional Bonds; (5) a request and authorization to the Registrar by an officer of the Authority to authenticate and deliver such Additional Bonds to the purchasers therein identified upon payment to the Trustee of the purchase price plus accrued interest to the date of delivery, as specified in the request and authorization; and (6) an opinion of nationally recognized bond counsel to the effect that the issuance and sale of such Additional Bonds will not result in interest on the 20 2020 Bonds and any outstanding, tax-exempt Additional Bonds becoming includable in the gross income of the owners thereof for federal income tax purposes.

Additional Bonds. (a) Additional Bonds may be issued, notwithstanding anything herein to the contrary, on a parity with the 20 2016 Bonds and any other Bonds then outstanding subject to the terms and limitations of this section, to finance or refinance the acquisition or construction of improvements to the Leased Premises, or to refund any of the Bonds. (b) Upon the execution and delivery of an appropriate supplement to this Indenture, the Authority shall execute and deliver to the Registrar and the Registrar shall authenticate such Additional Bonds and deliver them as may be directed in writing by the Authority. The supplemental indenture shall specify, as to the Additional Bonds, the designation, date, denominations, numbering, interest rate or rates, maturities, redemption provisions, if any, payment provisions, the form of bond and any other appropriate terms. Prior to the delivery by the Registrar of any Additional Bonds, there shall be filed with the Trustee: (1) a copy, certified by the Secretary-Treasurer of the Authority, of an amendment to the Lease, or a new lease agreement, between the Authority and the Commission, which requires the Commission to pay to the Authority fixed annual rentals in an amount sufficient to pay the principal of and interest on such Additional Bonds; (2) an executed counterpart of such supplemental indenture, adding to the Trust Estate all rights, titles and interests of the Authority under such amendment to the Lease or such new lease agreement; (3) a report or a certificate prepared by an independent certified public accountant or an independent financial advisor selected by the Authority supported by appropriate calculations, stating that the Additional Bonds can be amortized, along with the 20 2016 Bonds, from lease rental payments pursuant to the Lease; (4) a copy, certified by the Secretary-Treasurer of the Authority, of the resolution, adopted by the board of directors of the Authority, authorizing the execution and delivery of such supplemental indenture and such Additional Bonds; (5) a request and authorization to the Registrar by an officer of the Authority to authenticate and deliver such Additional Bonds to the purchasers therein identified upon payment to the Trustee of the purchase price plus accrued interest to the date of delivery, as specified in the request and authorization; and (6) an opinion of nationally recognized bond counsel to the effect that the issuance and sale of such Additional Bonds will not result in interest on the 20 2016 Bonds and any outstanding, outstanding tax-exempt Additional Bonds becoming includable in the gross income of the owners thereof for federal income tax purposes.

Additional Bonds. (a) Additional Bonds may be issued, notwithstanding anything herein to the contrary, on a parity with the 20 2023 Bonds and any other Bonds then outstanding subject to the terms and limitations of this section. So long as any contractor, subcontractor, materialman or laborer is asserting a claim against the Corporation or against the Premises, Additional Bonds may only be issued to finance pay such claim or refinance judgment based upon such claim and costs and expenses related thereto, including court costs and attorney’s fees. If no such claim is asserted against the acquisition Corporation during the applicable statutory period for asserting such claims, or construction if any such claim is appropriately reserved against, Additional Bonds may also be issued to pay the costs of improvements to the Leased Premises, Premises or to refund finance a partial or total refunding of any of the Bonds. (b) . Additional Bonds shall be limited to amounts which can be repaid, along with the 2023 Bonds, from lease rentals paid by the County pursuant to the Lease. The lease rental pursuant to the Lease is limited as stated therein. Upon the execution and delivery of an appropriate supplement to this Indenture, the Authority Corporation shall execute and deliver to the Registrar and the Registrar shall authenticate such Additional Bonds and deliver them as may be directed in writing by the AuthorityCorporation. The supplemental indenture shall specify, as to the Additional Bonds, the designation, date, denominations, numbering, interest rate or rates, maturities, redemption provisions, if any, payment provisions, the form of bond bond, and any other appropriate terms. Prior to the delivery by the Registrar of any Additional Bonds, Bonds there shall be filed with the Trustee: (1) : a copy, certified by the Secretary-Treasurer secretary of the Authority, of an amendment to the Lease, or a new lease agreement, between the Authority and the Commission, which requires the Commission to pay to the Authority fixed annual rentals in an amount sufficient to pay the principal of and interest on such Additional Bonds; (2) an executed counterpart of such supplemental indenture, adding to the Trust Estate all rights, titles and interests of the Authority under such amendment to the Lease or such new lease agreement; (3) a report or a certificate prepared by an independent certified public accountant or an independent financial advisor selected by the Authority supported by appropriate calculations, stating that the Additional Bonds can be amortized, along with the 20 Bonds, from lease rental payments pursuant to the Lease; (4) a copy, certified by the Secretary-Treasurer of the AuthorityCorporation, of the resolution, adopted by the board of directors of the AuthorityCorporation, authorizing the execution and delivery of such the supplemental indenture and such Additional Bonds; (5) ; a request and authorization to the Registrar by an officer of the Authority Corporation to authenticate and deliver such Additional Bonds to the purchasers therein identified upon payment to the Trustee of the purchase price plus accrued interest to the date of delivery, as specified in the request and authorization; and (6) an opinion of an independent public accountant, supported by appropriate calculations, stating that the Additional Bonds can be amortized, along with the 2023 Bonds, from lease rental payments pursuant to the Lease; and an opinion of nationally recognized bond counsel to the effect that the issuance and sale of such the Additional Bonds will not result in interest on the 20 2023 Bonds and any outstanding, tax-exempt outstanding Additional Bonds becoming includable in the gross income of the owners thereof for federal income tax purposes.

Additional Bonds. (a) Additional Bonds may be issued, notwithstanding anything herein to the contrary, on a parity with the 20 2023 Bonds and any other Bonds then outstanding subject to the terms and limitations of this section, to finance or refinance the acquisition or construction of improvements to any portion of the Leased PremisesProject, or to refund any of the 2023 Bonds. (b) Upon the execution and delivery of an appropriate supplement to this Indenture, the Authority shall execute and deliver to the Registrar and the Registrar shall authenticate such Additional Bonds and deliver them as may be directed in writing by the Authority. The supplemental indenture shall specify, as to the Additional Bonds, the designation, date, denominations, numbering, interest rate or rates, maturities, redemption provisions, if any, payment provisions, the form of bond and any other appropriate terms. Prior to the delivery by the Registrar of any Additional Bonds, there shall be filed with the Trustee: (1) a copy, certified by the Secretary-Treasurer Secretary of the Authority, of an amendment to the Lease, or a new lease agreement, between the Authority and the Commission, which requires the Commission to pay to the Authority fixed annual rentals in an amount sufficient to pay the principal of and interest on such Additional Bonds; (2) an executed counterpart of such supplemental indenture, adding to the Trust Estate all rights, titles and interests of the Authority under such amendment to the Lease or such new lease agreement; (3) a report or a certificate prepared by an independent certified public accountant or an independent financial advisor selected by the Authority supported by appropriate calculations, stating that the Additional Bonds can be amortized, along with the 20 2023 Bonds, from lease rental payments pursuant to the Lease; (4) a copy, certified by the Secretary-Treasurer Secretary of the Authority, of the resolution, adopted by the board of directors members of the Authority, authorizing the execution and delivery of such supplemental indenture and such Additional Bonds; (5) a request and authorization to the Registrar by an officer of the Authority to authenticate and deliver such Additional Bonds to the purchasers therein identified upon payment to the Trustee of the purchase price plus accrued interest to the date of delivery, as specified in the request and authorization; and (6) an opinion of nationally recognized bond counsel to the effect that the issuance and sale of such Additional Bonds will not result in interest on the 20 2023 Bonds and any outstanding, tax-exempt Additional Bonds becoming includable in the gross income of the owners thereof for federal income tax purposes.

Additional Bonds. (a) The Issuer will not issue any other bonds or obligations having a lien on the Trust Estate except for Additional Bonds issued pursuant to this Section [and Section of the Agreement]. Additional Bonds may be issued, notwithstanding anything herein to issued and the contrary, on a parity Trustee shall [authenticate and] deliver such Additional Bonds when there have been filed with it the 20 Bonds and any other Bonds then outstanding subject to following: (a) A copy certified by the terms and limitations of this section, to finance or refinance the acquisition or construction of improvements to the Leased Premises, or to refund any Attesting Officer of the Bonds. Issuer of the Bond Legislation authorizing (b1) Upon the execution and delivery of an appropriate supplement to this Indenture, the Authority shall execute and deliver any amendments to the Registrar and the Registrar shall authenticate such Additional Bonds and deliver them as may be directed in writing Loan Documents required by the Authority. The supplemental indenture shall specify, as to the issuance of such Additional Bonds, (2) the designationexecution and delivery of a supplemental indenture providing for, among other things, the date, denominations, numberingrate or rates of interest on, interest rate or ratespayment dates, maturities, maturity dates and redemption provisions, if any, payment provisions, the form provisions of bond and any other appropriate terms. Prior to the delivery by the Registrar of any such Additional Bonds, there shall be filed with and (3) the Trustee: (1) a copyissuance, certified by the Secretary-Treasurer sale, execution and delivery of the Authority, of an amendment to the Lease, or a new lease agreement, between the Authority and the Commission, which requires the Commission to pay to the Authority fixed annual rentals in an amount sufficient to pay the principal of and interest on such Additional Bonds; (2b) an An original executed counterpart of such the supplemental indenture, adding to the Trust Estate all rights, titles and interests of the Authority under such amendment to the Lease or such new lease agreement; (3c) a report Original executed counterparts of any amendments or a certificate prepared by an independent certified public accountant or an independent financial advisor selected by the Authority supported by appropriate calculations, stating that the Additional Bonds can be amortized, along with the 20 Bonds, from lease rental payments pursuant supplements to the LeaseAgreement [and the Note]; (4d) a copy, certified by the Secretary-Treasurer An opinion of the Authority, of the resolution, adopted by the board of directors of the Authority, authorizing the execution and delivery of such supplemental indenture and such Additional Bonds; (5) a request and authorization Counsel to the Registrar by an officer of the Authority to authenticate and deliver such Additional Bonds Borrower, addressed to the purchasers therein identified upon payment to Issuer, the Trustee of the purchase price plus accrued interest to the date of deliveryand Bond Counsel, as specified in the request and authorization; and (6) an opinion of nationally recognized bond counsel to the effect that the amendments to the Loan Documents have been duly authorized, executed and delivered by the Borrower and are enforceable against the Borrower, subject to bankruptcy and equitable principles; (e) An opinion or opinions of Bond Counsel, addressed to the Issuer and the Trustee, to the effect that issuance of the Additional Bonds is permitted under this Indenture, the supplemental indenture and sale the Additional Bonds have each been validly authorized, are binding and enforceable against the Issuer, subject to bankruptcy and equitable principles, the issuance of such the Additional Bonds has been duly authorized, [interest on the Additional Bonds is not included in gross income for federal income tax purposes under the Code] [and is exempt from income taxation by the State of [NAME OF STATE]], and issuance of the Additional Bonds will not result in adversely affect the income tax status of interest on Bonds Outstanding; (f) A request and authorization of the 20 Bonds Issuer, signed by its Executive, to the Trustee to authenticate and any outstanding, tax-exempt deliver the Additional Bonds becoming includable to such person or persons named therein after confirmation of payment to the Trustee for the account of the Issuer of a specified sum with directions as to the disposition of such of such sum; and (g) A certificate of the Issuer, signed by its Executive, that the Issuer is not in default under this Indenture, and evidence satisfactory to the Trustee that upon issuance of the Additional Bonds amounts will be deposited in the gross income Funds hereunder adequate for the necessary balances therein after issuance of the owners Additional Bonds. Simultaneously with the delivery of the Initial Bonds, the Trustee shall apply, or arrange for the application of, the proceeds thereof for federal income tax purposesin accordance with an Officer’s Certificate of the Issuer dated the Issue Date.