Bond Fund. (a) The Trustee will pay from the Principal Account the principal (including sinking fund installments) of the Bonds when due. The Trustee will pay from the Interest Account the interest on the Bonds when due. The Trustee will use money in the Redemption Account to redeem Bonds pursuant to any optional redemption provision exercised by the Authority or special mandatory redemption provisions or, if directed by an Authorized Authority Representative, to purchase Bonds on the open market; provided, however, (i) no money will be used to purchase Bonds to the extent it is required to pay the redemption price of any Bonds for which notice of redemption has been given as provided in Section 4.6, and (ii) Bonds will not be purchased at a price in excess of the applicable optional redemption price plus accrued interest. (b) There shall, at the option of the Authority, be applied or credited against any sinking fund requirement for Bonds of a Series and maturity the principal amount of any Bonds of such Series and maturity that have been previously defeased or redeemed (other than by mandatory sinking fund redemption) before each such mandatory sinking fund redemption date or that have been purchased by the Authority or the Trustee on behalf of the Authority and delivered to the Trustee for cancellation at least seventy (70) days before each such mandatory sinking fund redemption date, provided such Bonds have not previously been applied as a credit against any mandatory sinking fund redemption payment. The credit will be applied against payments required to be made on mandatory sinking fund redemption dates on a generally pro- rata basis within such Series and maturity of Bonds as may be determined by the Administrator and accepted by the Trustee, unless the Trustee receives written instructions from the Authority at least seventy (70) days before such dates to apply the credit in some other order. (c) On the Business Day immediately preceding a Principal or Interest Payment Date but after the transfers from the Revenue Fund required pursuant to Section 7.2, the Trustee will determine if the balance on deposit in the Principal Account and the Interest Account will be sufficient (after taking into consideration any amount to be transferred from the Capitalized Interest Account) to pay the principal and interest due and payable on the Principal or Interest Payment Date, and if a deficiency exists, will promptly notify the Authority of such fact. If on any Principal or Interest Payment Date following the required transfers from the Revenue Fund, the balance on deposit in the Principal Account or the Interest Account is insufficient to pay the principal and interest due and payable on Outstanding Bonds, the Trustee will transfer the amount of the deficiency from the Debt Service Reserve Fund to the appropriate account in the Bond Fund. (d) Prepayments shall be deposited into the 2022 Prepayment Subaccount and shall be applied to the special mandatory redemption of the 2022 Bonds pursuant to Section 4.3(a) hereof. (e) Transfers from the Debt Service Reserve Fund pursuant to Section 7.5(c) hereof shall be deposited into the 2022 Prepayment Subaccount of the Redemption Account and shall be applied to the special mandatory redemption of the Series 2022 Bonds pursuant to Section 4.3(a) hereof. (f) Interest received on and any profit realized from the investment of money in the Bond Fund will become a part of the account and subaccount in which the investment is held.
Appears in 3 contracts
Sources: Trust Indenture, Trust Indenture, Trust Indenture
Bond Fund. The Trustee shall establish and maintain, so long as any of the Bonds are outstanding, a separate fund to be known as the "Bond Fund." Money in the Bond Fund shall be applied as provided in this Section 4.2. There shall be deposited in the Bond Fund, as and when received by the Trustee: (a) The Trustee will pay from the Principal Account the principal (including sinking fund installments) of the Bonds when due. The Trustee will pay from the Interest Account the interest on the Bonds when due. The Trustee will use money in the Redemption Account to redeem Bonds pursuant to any optional redemption provision exercised by the Authority or special mandatory redemption provisions or, if directed by an Authorized Authority Representative, to purchase Bonds on the open market; provided, however, (i) no money will be used to purchase Bonds to the extent it is required to pay the redemption price of any Bonds for which notice of redemption has been given TIF Revenues as provided in Section 4.6, and (ii) Bonds will not be purchased at a price in excess of the applicable optional redemption price plus accrued interest.
. ; (b) There shallTaxpayer Payments, at the option of the Authority, be applied or credited against any sinking fund requirement for Bonds of a Series if any; and maturity the principal amount of any Bonds of such Series and maturity that have been previously defeased or redeemed (other than by mandatory sinking fund redemption) before each such mandatory sinking fund redemption date or that have been purchased by the Authority or the Trustee on behalf of the Authority and delivered to the Trustee for cancellation at least seventy (70) days before each such mandatory sinking fund redemption date, provided such Bonds have not previously been applied as a credit against any mandatory sinking fund redemption payment. The credit will be applied against payments required to be made on mandatory sinking fund redemption dates on a generally pro- rata basis within such Series and maturity of Bonds as may be determined by the Administrator and accepted by the Trustee, unless the Trustee receives written instructions from the Authority at least seventy (70) days before such dates to apply the credit in some other order.
(c) On all interest and other income derived from investments of Bond Fund moneys as provided herein. The Issuer hereby covenants and agrees that so long as any of the Business Day immediately preceding Bonds issued hereunder are outstanding it will deposit, or cause to be paid to Trustee for deposit in the Bond Fund for its account, all of the TIF Revenues promptly. In the event of a Principal or Interest Payment Date but after deficiency of available TIF Revenues to make the transfers from next debt service payment on the Revenue Fund required pursuant to Section 7.2Bonds, the Trustee shall notify the Company of the amount needed to remedy the deficiency by no later than the immediately following January 15 or July 15, as applicable. Nothing herein should be construed as requiring Issuer to deposit or cause to be paid to Trustee for deposit in the Bond Fund, funds from any source other than receipts derived from the TIF Revenues and Taxpayer Payments. Moneys in the Bond Fund shall be used by the Trustee to pay interest and principal on the Bonds as they become due upon each Interest Payment Date, at maturity, upon redemption or upon acceleration and to pay Annual Fees. The Trustee shall transmit such funds to the Paying Agent for the Series 2024 Bonds in sufficient time to insure that such interest will determine if the balance be paid as it becomes due. If TIF Revenues and Taxpayer Payments on deposit in the Principal Account and the Interest Account will be Bond Fund are not sufficient (after taking into consideration any amount to be transferred from the Capitalized Interest Account) to pay the principal and interest then due, TIF Revenues and Taxpayer Payments shall be applied first to pay unpaid interest and then to unpaid and due and payable principal; provided, however, that no interest shall be due or paid on any unpaid interest. Beginning on the Principal or Interest Payment DateFunding Date and continuing until completion of the Project, and if a deficiency exists, will promptly notify interest on the Authority of such factSeries 2024 Bonds shall be paid by the Trustee from funds deposited into the Bond Fund to pay capitalized interest. If on any Principal or Interest Payment Date following In the required transfers from the Revenue Fund, the balance event that there are not sufficient funds on deposit in the Principal Account or the Interest Account is insufficient Bond Fund to pay the principal and interest due and payable on Outstanding Bondsuntil Project completion (whether because of construction delays or any other cause), the Trustee will transfer shall use funds on deposit in the amount of the deficiency from the Debt Service Reserve Project Fund to pay interest on the appropriate account due date; provided, however, that, notwithstanding the foregoing, in the Bond FundNO event shall bond proceeds be used to fund capitalized interest payments after February 1, 2027.
(d) Prepayments shall be deposited into the 2022 Prepayment Subaccount and shall be applied to the special mandatory redemption of the 2022 Bonds pursuant to Section 4.3(a) hereof.
(e) Transfers from the Debt Service Reserve Fund pursuant to Section 7.5(c) hereof shall be deposited into the 2022 Prepayment Subaccount of the Redemption Account and shall be applied to the special mandatory redemption of the Series 2022 Bonds pursuant to Section 4.3(a) hereof.
(f) Interest received on and any profit realized from the investment of money in the Bond Fund will become a part of the account and subaccount in which the investment is held.
Appears in 3 contracts
Sources: Trust Indenture, Trust Indenture, Trust Indenture
Bond Fund. (a) The Trustee will pay from the Principal Account the principal (including sinking fund installments) shall establish and maintain, so long as any of the Bonds are outstanding, a separate fund to be known as the “Bond Fund.” Money in the Bond Fund shall be applied as provided in this Section 4.2. In addition, there shall be deposited in the Bond Fund, as and when duereceived, (i) all payments received pursuant to the Notes, including the required deposits of Lease Rental Payments pursuant to Section 4.4 hereof; (ii) all payments specified in Section 3.2 of the Loan Agreement; (iii) any amount remaining in the Construction Fund to be transferred to the Bond Fund pursuant to the Indenture upon acceleration of the maturity of the Series 20 Bonds; (iv) all interest and other income derived from investments of Bond Fund moneys as provided herein; and (vi) all other moneys received by the Trustee under and pursuant to any of the provisions of the Loan Agreement which are required or which are accompanied by directions that such moneys are to be paid into the Bond Fund. The Issuer hereby covenants and agrees that so long as any of the Bonds issued hereunder are outstanding it will deposit, or cause to be paid to Trustee will pay for deposit in the Bond Fund for its account, sufficient sums from revenues and receipts derived from the Interest Account Notes and the Loan Agreement, including the Lease Rental Payments, promptly to meet and pay the principal of, premium, if any, and interest on the Bonds when dueas the same become due and payable. Nothing herein should be construed as requiring Issuer to deposit or cause to be paid to Trustee for deposit in the Bond Fund, funds from any source other than receipts derived from the Notes, the Loan Agreement, and the Lease Rental Payments. The Borrower shall immediately upon receipt transfer the Lease Rental Payments to the Trustee as set forth in Section 4.4. The Trustee will use money in is hereby directed to deposit into the Redemption Account to redeem Bonds pursuant to any optional redemption provision exercised by the Authority or special mandatory redemption provisions orBond Fund from each Lease Rental Payment, if directed by an Authorized Authority Representative, to purchase Bonds on the open market; provided, however, (i) no money will be used to purchase Bonds amount equal to the extent it is required to pay the redemption price of any Bonds for which notice of redemption has been given as provided in Section 4.6, and (ii) Bonds will not be purchased at a price in excess lesser of the applicable optional redemption price plus accrued interest.
following: (a) all of such rental payment; or (b) There shall, at an amount which equals the option sum of the Authority, be applied or credited against any sinking fund requirement for Bonds of a Series and maturity the principal amount of any Bonds of such Series and maturity that have been previously defeased or redeemed (other than by mandatory sinking fund redemption) before each such mandatory sinking fund redemption date or that have been purchased by the Authority or the Trustee on behalf of the Authority and delivered to the Trustee for cancellation at least seventy (70) days before each such mandatory sinking fund redemption date, provided such Bonds have not previously been applied as a credit against any mandatory sinking fund redemption payment. The credit will be applied against payments required to be made on mandatory sinking fund redemption dates on a generally pro- rata basis within such Series and maturity of Bonds as may be determined by the Administrator and accepted by the Trustee, unless the Trustee receives written instructions from the Authority at least seventy (70) days before such dates to apply the credit in some other order.
(c) On the Business Day immediately preceding a Principal or Interest Payment Date but after the transfers from the Revenue Fund required pursuant to Section 7.2, the Trustee will determine if the balance on deposit in the Principal Account and the Interest Account will be sufficient (after taking into consideration any amount to be transferred from the Capitalized Interest Account) to pay the principal and interest due and payable on the Principal Bonds due on, before or Interest within twenty (20) days after the date such Lease Rental Payment Date, and if becomes due. Any portion of a deficiency exists, will promptly notify the Authority of rental payment remaining after such fact. If on any Principal or Interest Payment Date following the required transfers from the Revenue Fund, the balance on deposit in the Principal Account or the Interest Account is insufficient to pay the principal and interest due and payable on Outstanding Bonds, the Trustee will transfer the amount of the deficiency from the Debt Service Reserve Fund to the appropriate account in the Bond Fund.
(d) Prepayments shall be deposited into by the 2022 Prepayment Subaccount and shall be applied to Trustee in the special mandatory redemption of the 2022 Bonds pursuant to Section 4.3(a) hereof.
(e) Transfers from the Debt Service Reserve Fund pursuant to Section 7.5(c) hereof shall be deposited into the 2022 Prepayment Subaccount of the Redemption Account and shall be applied to the special mandatory redemption of the Series 2022 Bonds pursuant to Section 4.3(a) hereof.
(f) Interest received on and any profit realized from the investment of money Operation Fund. Moneys in the Bond Fund shall be used by the Trustee to pay interest, premium, if any, and principal on the Bonds as they become due at maturity, redemption or upon acceleration. The Trustee shall transmit such funds to the Paying Agent for any series of Bonds in sufficient time to insure that such interest will become a part of the account and subaccount in which the investment is heldbe paid as it becomes due.
Appears in 3 contracts
Sources: Trust Indenture, Trust Indenture, Trust Indenture
Bond Fund. There is hereby created by the Issuer and ordered established with the Trustee a Trust Fund to be designated with the title of the Bonds and the label “Bond Fund.” There is hereby created within the Bond Fund three accounts to be designated “Bond Fund – Series A Account,” “Bond Fund – Series B Account” and “Bond Fund – Series C Account” (said accounts being hereinafter referred to the “Bond Fund Accounts”). The Trustee shall deposit into the Bond Fund Accounts, from time to time when and as received:
(a) To the Bond Fund – Series A Account, all payments from or for the account of the Borrowers on the Series A Loan pursuant to Section 3.04 (except prepayments of principal and the premium, if any, thereon required to be deposited into the Redemption Fund pursuant to Section 4.06); and
(b) To the Bond Fund – Series B Account, all payments from or for the account of the Borrowers on the Series B Loan pursuant to Section 3.04 (except prepayments of principal and the premium, if any, thereon required to be deposited into the Redemption Fund pursuant to Section 4.06); and
(c) To the Bond Fund – Series C Account, all payments from or for the account of the Borrowers on the Series C Loan pursuant to Section 3.04 (except prepayments of principal and the premium, if any, thereon required to be deposited into the Redemption Fund pursuant to Section 4.06); and
(d) Moneys required to be transferred to the Bond Fund from other Trust Funds or from Pledged Revenues in accordance with this Bond Agreement. The Trustee Issuer covenants that it will deposit or cause to be deposited into the Bond Fund, but solely from Pledged Revenues, amounts sufficient to pay from the Principal Account when due the principal (including sinking fund installments) of and interest on the Bonds when dueBonds. The Trustee will pay from Except as otherwise expressly provided herein, moneys in the Interest Account Bond Fund shall be used solely for the payment of principal of and interest on the Bonds when duedue at stated maturity, upon redemption prior to maturity, upon acceleration of maturity, or otherwise in accordance with the terms hereof. The Issuer hereby authorizes and directs the Trustee will use money in to withdraw sufficient moneys from the Redemption Account to redeem Bonds pursuant to any optional redemption provision exercised by the Authority or special mandatory redemption provisions or, if directed by an Authorized Authority Representative, to purchase Bonds on the open market; provided, however, (i) no money will be used to purchase Bonds to the extent it is required Bond Fund to pay the redemption price of any Bonds for which notice of redemption has been given as provided in Section 4.6, and (ii) Bonds will not be purchased at a price in excess of the applicable optional redemption price plus accrued interest.
(b) There shall, at the option of the Authority, be applied or credited against any sinking fund requirement for Bonds of a Series and maturity the principal amount of any Bonds of such Series and maturity that have been previously defeased or redeemed (other than by mandatory sinking fund redemption) before each such mandatory sinking fund redemption date or that have been purchased by the Authority or the Trustee on behalf of the Authority and delivered to the Trustee for cancellation at least seventy (70) days before each such mandatory sinking fund redemption date, provided such Bonds have not previously been applied as a credit against any mandatory sinking fund redemption payment. The credit will be applied against payments required to be made on mandatory sinking fund redemption dates on a generally pro- rata basis within such Series and maturity of Bonds as may be determined by the Administrator and accepted by the Trustee, unless the Trustee receives written instructions from the Authority at least seventy (70) days before such dates to apply the credit in some other order.
(c) On the Business Day immediately preceding a Principal or Interest Payment Date but after the transfers from the Revenue Fund required pursuant to Section 7.2, the Trustee will determine if the balance on deposit in the Principal Account and the Interest Account will be sufficient (after taking into consideration any amount to be transferred from interest thereon as the Capitalized Interest Account) to pay the principal and interest same become due and payable on the Principal or Interest Payment Date, and if a deficiency exists, will promptly notify the Authority of such fact. If on any Principal or Interest Payment Date following the required transfers from the Revenue Fund, the balance on deposit in the Principal Account or the Interest Account is insufficient to pay the principal and interest due and payable on Outstanding Bonds, the Trustee will transfer the amount of the deficiency from the Debt Service Reserve Fund to the appropriate account in the Bond Fundpayable.
(d) Prepayments shall be deposited into the 2022 Prepayment Subaccount and shall be applied to the special mandatory redemption of the 2022 Bonds pursuant to Section 4.3(a) hereof.
(e) Transfers from the Debt Service Reserve Fund pursuant to Section 7.5(c) hereof shall be deposited into the 2022 Prepayment Subaccount of the Redemption Account and shall be applied to the special mandatory redemption of the Series 2022 Bonds pursuant to Section 4.3(a) hereof.
(f) Interest received on and any profit realized from the investment of money in the Bond Fund will become a part of the account and subaccount in which the investment is held.
Appears in 1 contract
Bond Fund. There is hereby established and created a fund to be designated “Polk County Industrial Development Authority Solid Waste Disposal Facility Revenue Refunding Bonds (aTampa Electric Company Project) Series 2007 Bond Fund.” The Trustee will pay from Bond Fund and the Principal Account moneys and Permitted Investments therein shall be used solely and exclusively for the principal (including sinking fund installments) payment of the Bonds when Bond Service Charges as they become due at stated maturity, by redemption, or by acceleration, all as provided herein. Bond Service Charges shall be payable, as they become due. The Trustee will pay from the Interest Account the interest on the Bonds when due. The Trustee will use money in the Redemption Account to redeem Bonds pursuant to any optional redemption provision exercised by the Authority or special mandatory redemption provisions or, if directed by an Authorized Authority Representative, to purchase Bonds on the open market; provided, however, (i) no money will in the first instance from the payments to be used made by the Company to purchase Bonds the Trustee pursuant to Section 5.05(a) and to be deposited in the Bond Fund, (ii) if those payments are not made or if moneys then on deposit in the Bond Fund and available for that purpose are not sufficient to pay the Bond Service Charges, from other Revenues to the extent it is then available, and (iii) from any other source lawfully available to the Trustee. Except where moneys have been deposited with or paid to the Trustee pursuant to an instrument restricting their application to particular Bonds, all moneys required or permitted to pay be deposited with or paid to the Trustee under any provision of this Agreement, and any investments thereof, shall be held by the Trustee in trust. Except for (i) moneys deposited with or paid to the Trustee for the redemption price of any Bonds for which Bonds, notice of the redemption has of which shall have been given as provided in Section 4.6duly given, and (ii) Bonds will not be purchased at a price in excess of the applicable optional redemption price plus accrued interest.
(b) There shall, at the option of the Authority, be applied or credited against any sinking fund requirement for Bonds of a Series and maturity the principal amount of any Bonds of such Series and maturity that have been previously defeased or redeemed (other than by mandatory sinking fund redemption) before each such mandatory sinking fund redemption date or that have been purchased moneys held by the Authority or the Trustee on behalf of the Authority and delivered to the Trustee for cancellation at least seventy (70) days before each such mandatory sinking fund redemption date, provided such Bonds have not previously been applied as a credit against any mandatory sinking fund redemption payment. The credit will be applied against payments required to be made on mandatory sinking fund redemption dates on a generally pro- rata basis within such Series and maturity of Bonds as may be determined by the Administrator and accepted by the Trustee, unless the Trustee receives written instructions from the Authority at least seventy (70) days before such dates to apply the credit in some other order.
(c) On the Business Day immediately preceding a Principal or Interest Payment Date but after the transfers from the Revenue Fund required pursuant to Section 7.213.03, all moneys described in the preceding sentence held by the Trustee will determine if shall be subject to the balance on deposit lien hereof while so held. The Trustee shall apply money contained in the Principal Account and accounts described below at the Interest Account will be sufficient (after taking into consideration any amount to be transferred from the Capitalized Interest Account) to pay the principal and interest due and payable on the Principal or Interest Payment Date, and if a deficiency exists, will promptly notify the Authority of such fact. If on any Principal or Interest Payment Date following the required transfers from the Revenue Fund, the balance on deposit respective times in the Principal Account or the Interest Account is insufficient to pay the principal and interest due and payable on Outstanding Bondsmanner hereinafter provided, which accounts the Trustee will transfer the amount of the deficiency from the Debt Service Reserve Fund hereby agrees to the appropriate account in the Bond Fund.
(d) Prepayments shall be deposited into the 2022 Prepayment Subaccount establish and shall be applied to the special mandatory redemption of the 2022 Bonds pursuant to Section 4.3(a) hereof.
(e) Transfers from the Debt Service Reserve Fund pursuant to Section 7.5(c) hereof shall be deposited into the 2022 Prepayment Subaccount of the Redemption Account and shall be applied to the special mandatory redemption of the Series 2022 Bonds pursuant to Section 4.3(a) hereof.
(f) Interest received on and any profit realized from the investment of money in maintain within the Bond Fund will become so long as this Agreement is not discharged in accordance with ARTICLE XIII and each such account shall constitute a part trust fund for the benefit of the holders of the Bonds and the Bond Insurer, and the money in each such account shall be disbursed only for the purposes and subaccount in which the investment is helduses hereinafter authorized.
Appears in 1 contract
Bond Fund. Upon the receipt thereof, the Trustee shall deposit all Revenues in the "California Pollution Control Financing Authority Pollution Control Refunding Revenue Bonds (aLaidlaw Envir▇▇▇▇▇▇▇l Services, Inc.) The 1997 Series A Bond Fund," which the Trustee will pay from shall establish and maintain and hold in trust, and which shall be disbursed and applied only as hereinafter authorized. Except as provided in this Section, Sections 5.06 and 10.03, moneys in the Principal Account Bond Fund shall be used solely for the payment of the principal (including sinking fund installments) of the Bonds when due. The Trustee will pay from the Interest Account the and interest on the Bonds when as the same shall become due, whether at maturity or upon redemption or acceleration or otherwise. The Trustee will use money shall deposit in the Redemption Account Bond Fund from time to redeem time, upon receipt thereof, all Repayment Installments received by the Trustee from the Borrower for deposit in the Bond Fund, any income received from the investment of moneys on deposit in the Bond Fund and any other Revenues, including insurance proceeds, condemnation awards and other prepayment amounts received under the Agreement from or for the account of the Borrower. In making payments of principal of, and interest on the Bonds, the Trustee shall (a) first use all available amounts held in the Bond Fund, and (b) then use any other Revenues received by the Trustee. Except to the extent such moneys are required to be held for the payment of principal of, or interest on the Bonds then due and payable or to effect the defeasance of Bonds pursuant to Article X hereof, so long as no Event of Default (or any optional redemption provision exercised by event which would be an Event of Default hereunder with the Authority passage of time or special mandatory redemption provisions orthe giving of notice) exists hereunder, if directed by an Authorized Authority Representative, to purchase Bonds on the open market; providedfifth day after each Interest Payment Date, however, (i) no money will be used to purchase Bonds to the extent it is required to pay the redemption price of any Bonds for which notice of redemption has been given as provided in Section 4.6, and (ii) Bonds will not be purchased at a price in excess of the applicable optional redemption price plus accrued interest.
(b) There shall, at the option of the Authority, be applied or credited against any sinking fund requirement for Bonds of a Series and maturity the principal amount of any Bonds of such Series and maturity that have been previously defeased or redeemed (other than by mandatory sinking fund redemption) before each such mandatory sinking fund redemption date or that have been purchased by the Authority or the Trustee on behalf of the Authority and delivered to the Trustee for cancellation at least seventy (70) days before each such mandatory sinking fund redemption date, provided such Bonds have not previously been applied as a credit against any mandatory sinking fund redemption payment. The credit will be applied against payments required to be made on mandatory sinking fund redemption dates on a generally pro- rata basis within such Series and maturity of Bonds as may be determined by the Administrator and accepted by the Trustee, unless otherwise instructed by the Trustee receives written instructions from Borrower, shall return to the Authority at least seventy Borrower (70free and clear of the pledge and lien of this Indenture) days before such dates to apply the credit in some other order.
(c) On the Business Day immediately preceding a Principal or Interest Payment Date but after the transfers from the Revenue Fund required pursuant to Section 7.2, the Trustee will determine if the balance any moneys then on deposit in the Principal Account and the Interest Account will be sufficient (after taking into consideration any amount to be transferred from the Capitalized Interest Account) to pay the principal and interest due and payable on the Principal Bond Fund or Interest Payment Date, and if a deficiency exists, will promptly notify the Authority of shall deposit such fact. If on any Principal or Interest Payment Date following the required transfers from the Revenue Fund, the balance on deposit funds in the Principal Account or Rebate Fund if so instructed by the Interest Account is insufficient to pay the principal and interest due and payable on Outstanding Bonds, the Trustee will transfer the amount of the deficiency from the Debt Service Reserve Fund to the appropriate account in the Bond FundBorrower.
(d) Prepayments shall be deposited into the 2022 Prepayment Subaccount and shall be applied to the special mandatory redemption of the 2022 Bonds pursuant to Section 4.3(a) hereof.
(e) Transfers from the Debt Service Reserve Fund pursuant to Section 7.5(c) hereof shall be deposited into the 2022 Prepayment Subaccount of the Redemption Account and shall be applied to the special mandatory redemption of the Series 2022 Bonds pursuant to Section 4.3(a) hereof.
(f) Interest received on and any profit realized from the investment of money in the Bond Fund will become a part of the account and subaccount in which the investment is held.
Appears in 1 contract
Bond Fund. (a) The Trustee shall establish and maintain in trust a special fund designated the “Bond Fund.”
(b) The Agency agrees and covenants that, not later than five Business Days prior to each Interest Payment Date, it will pay from transfer to the Principal Account Trustee an amount which, together with amount simultaneously transferred to the Trustee for deposit in the Bond Fund pursuant to Section 5.03(c) and the amount then on deposit in the Bond Fund, will equal the amount of the principal (including sinking fund installments) of the Bonds when due. The Trustee will pay from the Interest Account the and interest on the Bonds when duecoming due on such Interest Payment Date. The Trustee will use money in the Redemption Account to redeem Bonds pursuant to any optional redemption provision exercised by the Authority or special mandatory redemption provisions orshall, if directed by an Authorized Authority Representative, to purchase Bonds on the open market; provided, however, (i) no money will be used to purchase Bonds to the extent it is required to pay the redemption price of any Bonds for which notice of redemption has been given as provided in Section 4.6, and (ii) Bonds will not be purchased at a price in excess upon receipt of the applicable optional redemption price plus accrued interest.
(b) There shall, at the option of the Authority, be applied or credited against any sinking fund requirement for Bonds of a Series and maturity the principal amount of any Bonds of such Series and maturity that have been previously defeased or redeemed (other than by mandatory sinking fund redemption) before each such mandatory sinking fund redemption date or that have been purchased by the Authority or the Trustee on behalf of the Authority and delivered to the Trustee for cancellation at least seventy (70) days before each such mandatory sinking fund redemption date, provided such Bonds have not previously been applied as a credit against any mandatory sinking fund redemption payment. The credit will be applied against payments required to be made on mandatory sinking fund redemption dates on a generally pro- rata basis within such Series and maturity of Bonds as may be determined transferred by the Administrator and accepted by Agency pursuant to this subsection, deposit such amount in the Trustee, unless the Trustee receives written instructions from the Authority at least seventy (70) days before such dates to apply the credit in some other orderBond Fund.
(c) On In the event that, on the fourth Business Day prior to each Interest Payment Date, amounts in the Bond Fund are insufficient to pay the principal, if any, of and interest on the Bonds due and payable on such Interest Payment Date, the Trustee shall immediately notify the Agency and the Bond Insurer, if any, of the amount of such insufficiency. Upon being so notified, the Agency shall, prior to the close of business on the Business Day immediately preceding a Principal or Interest Payment Date but after the transfers from the Revenue Fund required pursuant to Section 7.2, the Trustee will determine if the balance on deposit in the Principal Account and the Interest Account will be sufficient (after taking into consideration any amount to be transferred from the Capitalized Interest Account) to pay the principal and interest due and payable on the Principal or such Interest Payment Date, and if a deficiency exists, will promptly notify deliver or cause to be delivered to the Authority Trustee immediately available funds in an amount equal to the amount of such factinsufficiency. If on any Principal or Interest Payment Date following the required transfers from the Revenue Fund, the balance on deposit in the Principal Account or the Interest Account is insufficient to pay the principal and interest due and payable on Outstanding BondsImmediately upon receipt thereof, the Trustee will transfer the amount of the deficiency from the Debt Service Reserve Fund to the appropriate account shall deposit such funds in the Bond Fund.
(d) Prepayments On each Interest Payment Date, the Trustee shall be deposited into withdraw from the 2022 Prepayment Subaccount and shall be applied Bond Fund for payment to the special mandatory redemption Owners of the 2022 Bonds pursuant to Section 4.3(a) hereof.
(e) Transfers from the Debt Service Reserve Fund pursuant to Section 7.5(c) hereof shall be deposited into principal, if any, of and interest on the 2022 Prepayment Subaccount of the Redemption Account Bonds then due and shall be applied to the special mandatory redemption of the Series 2022 Bonds pursuant to Section 4.3(a) hereof.
(f) Interest received on and any profit realized from the investment of money payable. If there are insufficient funds in the Bond Fund will become a part to pay the principal, if any, of and interest on the Bonds, the Trustee shall apply the available funds first to the payment of interest on the Bonds, then to the payment of principal of the account and subaccount in which the investment is heldBonds.
Appears in 1 contract
Sources: Trust Agreement
Bond Fund. The Trustee shall establish and maintain, so long as any of the Bonds are outstanding, a separate fund to be known as the "Bond Fund." Money in the Bond Fund shall be applied as provided in this Section 4.2. There shall be deposited in the Bond and Interest Account, as and when received by the Trustee: (a) TIF Revenues, junior and subordinate to the Outstanding Obligations (as to the pledge of the CCW Tax Increment), Taxpayer Payments and, to the extent TIF Revenues and Taxpayer Payments received and deposited are not sufficient to pay the next debt service payment, a portion of the Annual Appropriation of the General Revenues pursuant to Section 4.6 herein sufficient to pay the next debt service payment; (b) any amount remaining in the Construction Fund to be transferred to the Bond Fund pursuant to the Indenture upon completion of the Project; (c) all interest and other income derived from investments of Bond Fund moneys as provided herein; and (d) all other moneys received by the Trustee under and pursuant to any of the provisions of the Financing Agreement which are required or which are accompanied by written directions that such moneys are to be paid into the Bond Fund. The Trustee will pay from the Principal Account the principal (including sinking fund installments) Issuer hereby covenants and agrees that so long as any of the Bonds when due. The issued hereunder are outstanding it will deposit, or cause to be paid to Trustee will for deposit in the Bond Fund for its account, sufficient TIF Revenues and Taxpayer Payments and, to the extent TIF Revenues and Taxpayer Payments received and deposited are not sufficient to pay from the Interest Account next debt service payment, the Annual Appropriation of General Revenues, promptly to meet and pay the principal of, and premium, if any, and interest on the Bonds when dueas the same become due and payable. Nothing herein should be construed as requiring the Issuer to deposit or cause to be paid to Trustee for deposit in the Bond Fund, funds from any source other than TIF Revenues, Taxpayer Payments and General Revenues appropriated for the payment of debt service. The Trustee will use money Controller of the Issuer shall set aside, immediately upon receipt, the TIF Revenues in the Redemption Account to redeem Bonds pursuant to any optional redemption provision exercised Issuer's Allocation Fund as created by IC 36-7-14 and transfer the Authority or special mandatory redemption provisions or, if directed by an Authorized Authority Representative, to purchase Bonds on the open market; provided, however, (i) no money will be used to purchase Bonds to the extent it is required to pay the redemption price of any Bonds for which notice of redemption has been given as provided in Section 4.6, TIF Revenues and (ii) Bonds will not be purchased at a price in excess of the applicable optional redemption price plus accrued interest.
(b) There shall, at the option of the Authority, be applied or credited against any sinking fund requirement for Bonds of a Series and maturity the principal amount of any Bonds of such Series and maturity that have been previously defeased or redeemed (other than by mandatory sinking fund redemption) before each such mandatory sinking fund redemption date or that have been purchased by the Authority or the Trustee on behalf of the Authority and delivered Taxpayer Payments to the Trustee for cancellation at least seventy (70) days before each such mandatory sinking fund redemption datethe payment of the Bonds. To the extent TIF Revenues and Taxpayer Payments are not sufficient, provided such Bonds have not previously been applied as the Controller of the Issuer shall transfer to the Trustee a credit against any mandatory sinking fund redemption sufficient amount of the Annual Appropriation of General Revenues to pay the next debt service payment. The credit will be applied against payments required Trustee is hereby directed to be made on mandatory sinking fund redemption dates on a generally pro- rata basis within such Series deposit the TIF Revenues, Taxpayer Payments and maturity of Bonds as may be determined by General Revenues received into the Administrator Bond and accepted by the Trustee, unless the Trustee receives written instructions from the Authority at least seventy (70) days before such dates to apply the credit in some other order.
(c) On the Business Day immediately preceding a Principal or Interest Payment Date but after the transfers from the Revenue Fund required pursuant to Section 7.2, the Trustee will determine if the balance on deposit Account in the Principal Account manner prescribed in this Section 4.2 and the Interest Account will be sufficient (after taking into consideration any amount to be transferred from the Capitalized Interest Account) to pay the principal and interest due and payable on the Principal or Interest Payment Date, and if a deficiency exists, will promptly notify the Authority of such factin Section 4.5. If on any Principal or Interest Payment Date following the required transfers from the Revenue Fund, the balance on deposit in the Principal Account or the Interest Account is insufficient to pay the principal and interest due and payable on Outstanding Bonds, the Trustee will transfer the amount of the deficiency from the Debt Service Reserve Fund to the appropriate account in the Bond Fund.
(d) Prepayments shall be deposited into the 2022 Prepayment Subaccount and shall be applied to the special mandatory redemption of the 2022 Bonds pursuant to Section 4.3(a) hereof.
(e) Transfers from the Debt Service Reserve Fund pursuant to Section 7.5(c) hereof shall be deposited into the 2022 Prepayment Subaccount of the Redemption Account and shall be applied to the special mandatory redemption of the Series 2022 Bonds pursuant to Section 4.3(a) hereof.
(f) Interest received on and any profit realized from the investment of money Moneys in the Bond Fund will become a part shall be used by the Trustee to pay principal on and interest of the account Bonds as they become due upon each principal and subaccount in which the investment is heldinterest payment date, at maturity, upon redemption or upon acceleration.
Appears in 1 contract
Sources: Financing and Covenant Agreement
Bond Fund. (a) The There is hereby established with the Trustee will pay from the Principal a Bond Fund, within which there is hereby established a Company Debt Service Account the principal (including sinking fund installments) and a Letter of the Bonds when due. The Trustee will pay from the Interest Account the interest on the Bonds when due. The Trustee will use money in the Redemption Account to redeem Bonds pursuant to any optional redemption provision exercised by the Authority or special mandatory redemption provisions or, if directed by an Authorized Authority Representative, to purchase Bonds on the open market; provided, however, (i) no money will be used to purchase Bonds to the extent it is required to pay the redemption price of any Bonds for which notice of redemption has been given as provided in Section 4.6, and (ii) Bonds will not be purchased at a price in excess of the applicable optional redemption price plus accrued interestCredit Debt Service Account.
(b) There shall, at The Trustee shall maintain the option of the Authority, be applied or credited against any sinking fund requirement for Bonds of a Series Bond Fund as follows:
(i) The Company shall make Installment Payments and maturity the principal amount of any Bonds of such Series and maturity that have been previously defeased or redeemed (other than by mandatory sinking fund redemption) before each such mandatory sinking fund redemption date or that have been purchased by the Authority or the Trustee on behalf of the Authority and delivered Purchase Price payments in immediately available funds to the Trustee for cancellation at least seventy (70deposit into the Company Debt Service Account of the Bond Fund on the date on which such payment of principal(including principal called for redemption) days before each such mandatory sinking fund redemption dateof, provided premium, if any, Purchase Price or interest on Bonds shall become due in an amount equal to the payment then coming due on such Bonds have not previously been applied as a credit against any mandatory sinking fund redemption payment. The credit will be applied against payments required to be made on mandatory sinking fund redemption dates on a generally pro- rata basis within such Series and maturity of Bonds as may be determined by less the Administrator and accepted by the Trusteeamounts, unless the Trustee receives written instructions from the Authority at least seventy if any, (70i) days before such dates to apply the credit in some other order.
(c) On the Business Day immediately preceding a Principal or Interest Payment Date but after the transfers from the Revenue Fund required pursuant to Section 7.2, the Trustee will determine if the balance on deposit then held in the Principal Company Debt Service Account of the Bond Fund and the Interest Account will be sufficient (after taking into consideration any amount to be transferred from the Capitalized Interest Account) available to pay the principal same and (ii) amounts then held in the Letter of Credit Debt Service Account. The Trustee shall deposit into the Company Debt Service Account all Installment Payments and Purchase Price payments, any accrued interest due and payable on received from the Principal or Interest Payment Datesale of the Bonds, and if a deficiency exists, will promptly notify all other amounts received by the Authority of such fact. If on any Principal or Interest Payment Date following the required transfers Trustee from the Revenue Fund, Company or for the balance on deposit in the Principal Account or the Interest Account is insufficient to pay the principal and interest due and payable on Outstanding Bonds, the Trustee will transfer the amount account of the deficiency Company pursuant to the Agreement and all payments under and pursuant to the provisions of this Indenture or any of the provisions of the Agreement, when accompanied by directions from the Person depositing such moneys that such moneys are to be paid into the Company Debt Service Reserve Fund to the appropriate account in Account of the Bond Fund.
(dii) Prepayments The Trustee shall be deposited deposit into the 2022 Prepayment Subaccount Letter of Credit Debt Service Account all moneys received by the Trustee from drawings under the Letter of Credit to pay principal of the Bonds, any premium on the Bonds (to the extent, if any, that there is coverage of premium under the Letter of Credit) and interest on the Bonds.
(iii) Moneys in the Letter of Credit Debt Service Account shall be applied to the special mandatory redemption payment when due of principal of the 2022 Bonds, any premium on the Bonds pursuant (to the extent, if any, that there is coverage of premium under the Letter of Credit) and interest on the Bonds (other than Company Bonds or, except as such funds are expressly contemplated to be applied to the payment of the principal of Bank Bonds and accrued interest thereon under Section 4.3(a4.3(b)(v), Bank Bonds) hereofprior to the payment of any moneys under subsection 6.2(b)(iv).
(eiv) Transfers from Moneys in the Company Debt Service Reserve Fund pursuant to Section 7.5(c) hereof shall be deposited into the 2022 Prepayment Subaccount of the Redemption Account and shall be applied to the special mandatory redemption following in the order of priority indicated:
(A) if the Bank has honored in full a draw under the Letter of Credit and to the extent the Bank has not been reimbursed in accordance with the provisions of the Series 2022 Reimbursement Agreement, the reimbursement of the Bank when due for moneys drawn under the Letter of Credit and deposited in the Letter of Credit Debt Service Account for payment of principal of the Bonds, any premium on the Bonds (to the extent, if any, that there is coverage of premium under the Letter of Credit) and interest on the Bonds;
(B) when insufficient moneys have been received under the Letter of Credit for application pursuant to Section 4.3(asubsection 6.2(b)(iii) hereofor when no Letter of Credit is being held by the Trustee for the Bonds, the payment when due of principal of the Bonds, any premium on the Bonds and interest on the Bonds, other than Company Bonds or Bank Bonds;
(C) the payment when due of principal of, premium, if any, on and interest on Bank Bonds; and
(D) the payment when due of principal of, premium, if any, on and interest on Company Bonds, provided that if the Trustee shall have received written notice from the Bank that any amounts are due and owing to the Bank under the Reimbursement Agreement, such payments shall be made to the Bank for the account of the Company.
(fv) Whenever a Letter of Credit is held by the Trustee for the Bonds, prior to 4:00 p.m., New York City time, on the Business Day immediately preceding each Interest received on Payment Date, each Redemption Date and any profit realized from the investment of money in the Bond Fund will become a part Maturity Date of the account Bonds, the Trustee shall present the requisite certificate for a drawing on the Letter of Credit so as to comply with the provisions of the Letter of Credit for payment to be made in sufficient time for the Trustee to receive the proceeds of such drawing at or before 1:00 p.m., New York City time, on such Interest Payment Date, Redemption Date or Maturity Date, as the case may be, to pay principal of the Bonds, any premium on the Bonds (to the extent, if any, that there is coverage of premium under the Letter of Credit) and subaccount interest on the Bonds due on such date. In addition, the Trustee shall draw on the Letter of Credit pursuant to its terms in which accordance with and in order to satisfy the investment is held.requirements of Section
Appears in 1 contract
Sources: Trust Indenture (Txu Energy Co LLC)
Bond Fund. The Trustee shall establish and maintain, so long as any of the Bonds are outstanding, a separate fund to be known as the "Bond Fund." Money in the Bond Fund shall be applied as provided in this Section 4.2. There shall be deposited in the Bond Fund, as and when received by the Trustee: (a) The Trustee will pay from the Principal Account the principal (including sinking fund installments) of the Bonds when due. The Trustee will pay from the Interest Account the interest on the Bonds when due. The Trustee will use money in the Redemption Account to redeem Bonds pursuant to any optional redemption provision exercised by the Authority or special mandatory redemption provisions or, if directed by an Authorized Authority Representative, to purchase Bonds on the open market; provided, however, (i) no money will be used to purchase Bonds to the extent it is required to pay the redemption price of any Bonds for which notice of redemption has been given TIF Revenues as provided in Section 4.6, and (ii) Bonds will not be purchased at a price in excess of the applicable optional redemption price plus accrued interest.
; (b) There shall, at the option of the Authority, be applied or credited against any sinking fund requirement for Bonds of a Series Taxpayer Payments; and maturity the principal amount of any Bonds of such Series and maturity that have been previously defeased or redeemed (other than by mandatory sinking fund redemption) before each such mandatory sinking fund redemption date or that have been purchased by the Authority or the Trustee on behalf of the Authority and delivered to the Trustee for cancellation at least seventy (70) days before each such mandatory sinking fund redemption date, provided such Bonds have not previously been applied as a credit against any mandatory sinking fund redemption payment. The credit will be applied against payments required to be made on mandatory sinking fund redemption dates on a generally pro- rata basis within such Series and maturity of Bonds as may be determined by the Administrator and accepted by the Trustee, unless the Trustee receives written instructions from the Authority at least seventy (70) days before such dates to apply the credit in some other order.
(c) On all interest and other income derived from investments of Bond Fund moneys as provided herein. The Issuer hereby covenants and agrees that so long as any of the Business Day immediately preceding Bonds issued hereunder are outstanding it will deposit, or cause to be paid to Trustee for deposit in the Bond Fund for its account, all of the TIF Revenues promptly. In the event of a Principal or Interest Payment Date but after deficiency of available TIF Revenues to make the transfers from next debt service payment on the Revenue Fund required pursuant to Section 7.2Bonds, the Trustee shall notify the Company of the amount needed to remedy the deficiency by no later than the immediately following January 15 or July 15, as applicable. Nothing herein should be construed as requiring Issuer to deposit or cause to be paid to Trustee for deposit in the Bond Fund, funds from any source other than receipts derived from the TIF Revenues and Taxpayer Payments. Moneys in the Bond Fund shall be used by the Trustee to pay interest and principal on the Bonds as they become due upon each Interest Payment Date, at maturity, upon redemption or upon acceleration and to pay Annual Fees. The Trustee shall transmit such funds to the Paying Agent for the Series 2024 Bonds in sufficient time to insure that such interest will determine if the balance be paid as it becomes due. If TIF Revenues and Taxpayer Payments on deposit in the Principal Account and the Interest Account will be Bond Fund are not sufficient (after taking into consideration any amount to be transferred from the Capitalized Interest Account) to pay the principal and interest due then due, TIF Revenues and payable on the Principal or Interest Payment Date, and if a deficiency exists, will promptly notify the Authority of such fact. If on any Principal or Interest Payment Date following the required transfers from the Revenue Fund, the balance on deposit in the Principal Account or the Interest Account is insufficient to pay the principal and interest due and payable on Outstanding Bonds, the Trustee will transfer the amount of the deficiency from the Debt Service Reserve Fund to the appropriate account in the Bond Fund.
(d) Prepayments shall be deposited into the 2022 Prepayment Subaccount and Taxpayer Payments shall be applied first to the special mandatory redemption of the 2022 Bonds pursuant pay unpaid interest and then to Section 4.3(a) hereof.
(e) Transfers from the Debt Service Reserve Fund pursuant to Section 7.5(c) hereof unpaid and due principal; provided, however, that no interest shall be deposited into the 2022 Prepayment Subaccount of the Redemption Account and shall be applied to the special mandatory redemption of the Series 2022 Bonds pursuant to Section 4.3(a) hereofdue or paid on any unpaid interest.
(f) Interest received on and any profit realized from the investment of money in the Bond Fund will become a part of the account and subaccount in which the investment is held.
Appears in 1 contract
Sources: Trust Indenture
Bond Fund. (a) The Trustee will pay from Moneys in the Principal Account Bond Fund shall be applied as provided in this Section 4.3. There shall be deposited in the principal (including sinking fund installmentsBond Fund, at such times prescribed by Section 4.3(b) of hereof, the Bonds when due. The Trustee will pay from Pledged Revenues in an amount equal to the Interest Account the interest payments due on the Bonds when due. The Trustee will use money in the Redemption Account to redeem Bonds pursuant to any optional redemption provision exercised by the Authority or special mandatory redemption provisions or, if directed by an Authorized Authority Representative, to purchase Bonds on the open market; providednext Interest Payment Date and overdue principal and interest payments on outstanding Bonds, however, together with all Annual Fees coming due within the next six (i6) no money will be used to purchase Bonds months with respect to the extent it is required to pay the redemption price of any Bonds for which notice of redemption has been given as provided in Section 4.6, and (ii) Bonds will not be purchased at a price in excess of the applicable optional redemption price plus accrued interestBonds.
(b) There shallThe Issuer hereby covenants and agrees that so long as any of the Bonds issued hereunder are outstanding it will deposit, or cause to be paid to Trustee for deposit in the Bond Fund for its account, prior to 10:00 a.m., Eastern Time, at least three (3) business days immediately preceding each Interest Payment Date, sufficient sums from revenues and receipts derived from the option of Pledged Revenues, promptly to meet and pay the Authorityamounts required under Section 4.3(a) hereof. Nothing herein should be construed as requiring the Issuer to deposit or cause to be paid to Trustee for deposit in the Bond Fund, be applied or credited against funds from any sinking fund requirement for Bonds of a Series and maturity the principal amount of any Bonds of such Series and maturity that have been previously defeased or redeemed (source other than by mandatory sinking fund redemption) before each such mandatory sinking fund redemption date or that have been purchased by the Authority or the Trustee on behalf of the Authority and delivered to the Trustee for cancellation at least seventy (70) days before each such mandatory sinking fund redemption date, provided such Bonds have not previously been applied as a credit against any mandatory sinking fund redemption payment. The credit will be applied against payments required to be made on mandatory sinking fund redemption dates on a generally pro- rata basis within such Series and maturity of Bonds as may be determined by the Administrator and accepted by the Trustee, unless the Trustee receives written instructions receipts derived from the Authority at least seventy (70) days before such dates to apply the credit in some other order.
(c) On the Business Day immediately preceding a Principal or Interest Payment Date but after the transfers from the Revenue Fund required pursuant to Section 7.2, the Trustee will determine if the balance Pledged Revenues and amounts on deposit in the Principal Account and the Interest Account will be sufficient (after taking into consideration any amount to be transferred from the Capitalized Interest Account) to pay the principal and interest due and payable on the Principal or Interest Payment Date, and if a deficiency exists, will promptly notify the Authority of such fact. If on any Principal or Interest Payment Date following the required transfers from the Revenue Fund, the balance on deposit in the Principal Account or the Interest Account is insufficient to pay the principal and interest due and payable on Outstanding Bonds, the Trustee will transfer the amount of the deficiency from the Debt Service Reserve Fund. The Trustee is hereby directed to deposit any Pledged Revenues received into the Bond Fund to the appropriate account in the Bond Fund.
(d) Prepayments shall be deposited into the 2022 Prepayment Subaccount manner prescribed in this Section 4.3 and shall be applied to the special mandatory redemption of the 2022 Bonds pursuant to in Section 4.3(a) 4.4 hereof.
(e) Transfers from the Debt Service Reserve Fund pursuant to Section 7.5(c) hereof shall be deposited into the 2022 Prepayment Subaccount of the Redemption Account and shall be applied to the special mandatory redemption of the Series 2022 Bonds pursuant to Section 4.3(a) hereof.
(f) Interest received on and any profit realized from the investment of money . Moneys in the Bond Fund will become a part shall be used by the Trustee to pay the interest on and principal of the account and subaccount Bonds as the same becomes due at maturity, redemption or upon acceleration, together with the Annual Fees described in which subsection (a) in that sequence or order of priority. If necessary, the investment is heldTrustee shall transmit such funds to the Paying Agent for any series of Bonds in sufficient time to ensure that such interest will be paid as it becomes due.
Appears in 1 contract
Sources: Trust Indenture
Bond Fund. (a) The Trustee will pay from shall establish and maintain a separate fund designated the “Bond Fund.” Within the Bond Fund, the Trustee shall establish and maintain a separate account designated the “Principal Account” and a separate account designated the “Interest Account.” The Trustee shall deposit in the Interest Account and the Principal Account from time to time the principal (including sinking fund installments) of the Bonds when dueamounts required to be deposited therein pursuant to Section 5.02. The Trustee will pay from There shall additionally be deposited in the Interest Account the portion, if any, of the proceeds of the sale of Additional Bonds required to be deposited therein under the Supplemental Indenture pursuant to which such Additional Bonds are issued.
(b) In the event that, on the Business Day prior to an Interest Payment Date, after the deposit in the Interest Account of the amounts required to be deposited therein pursuant to Section 5.02, amounts in the Interest Account are insufficient to pay the interest on the Bonds when due. The due and payable on such Interest Payment Date, the Trustee will use money in shall withdraw from the Redemption Account to redeem Bonds pursuant to any optional redemption provision exercised by the Authority or special mandatory redemption provisions orReserve Fund, if directed by an Authorized Authority Representative, to purchase Bonds on the open market; provided, however, (i) no money will be used to purchase Bonds to the extent it is required to pay the redemption price of any Bonds for which notice funds therein, the amount of redemption has been given as provided in Section 4.6such insufficiency, and (ii) Bonds will not be purchased at a price in excess of the applicable optional redemption price plus accrued interest.
(b) There shall, at the option of the Authority, be applied or credited against shall transfer any sinking fund requirement for Bonds of a Series and maturity the principal amount of any Bonds of such Series and maturity that have been previously defeased or redeemed (other than by mandatory sinking fund redemption) before each such mandatory sinking fund redemption date or that have been purchased by the Authority or the Trustee on behalf of the Authority and delivered amounts so withdrawn to the Trustee for cancellation at least seventy (70) days before each such mandatory sinking fund redemption date, provided such Bonds have not previously been applied as a credit against any mandatory sinking fund redemption payment. The credit will be applied against payments required to be made on mandatory sinking fund redemption dates on a generally pro- rata basis within such Series and maturity of Bonds as may be determined by the Administrator and accepted by the Trustee, unless the Trustee receives written instructions from the Authority at least seventy (70) days before such dates to apply the credit in some other orderInterest Account.
(c) On each Interest Payment Date, the Trustee shall withdraw from the Interest Account for payment to the Owners of the Bonds the interest on the Bonds then due and payable.
(d) In the event that, on the Business Day immediately preceding prior to a Principal or Interest Payment Date but September 1 on which principal of the Bonds is due and payable, after the transfers from the Revenue Fund required pursuant to Section 7.2, the Trustee will determine if the balance on deposit in the Principal Account and of the Interest Account will be sufficient (after taking into consideration any amount amounts required to be transferred from the Capitalized Interest Account) deposited therein pursuant to pay the Section 5.02, including principal and interest due and payable on by reason of mandatory sinking fund redemption of the Principal or Interest Payment DateBonds, and if a deficiency exists, will promptly notify the Authority of such fact. If on any Principal or Interest Payment Date following the required transfers from the Revenue Fund, the balance on deposit amounts in the Principal Account or the Interest Account is are insufficient to pay such principal, after having withdrawn any amounts from the principal and interest due and payable Reserve Fund required to be withdrawn therefrom on Outstanding Bondssuch date pursuant to subsection (b) of this Section, the Trustee will transfer shall withdraw from the Reserve Fund, to the extent of any funds therein, the amount of the deficiency from the Debt Service Reserve Fund such insufficiency, and shall transfer any amounts so withdrawn to the appropriate account in the Bond Fund.
(d) Prepayments shall be deposited into the 2022 Prepayment Subaccount and shall be applied to the special mandatory redemption of the 2022 Bonds pursuant to Section 4.3(a) hereofPrincipal Account.
(e) Transfers from the Debt Service Reserve Fund pursuant to Section 7.5(c) hereof shall be deposited into the 2022 Prepayment Subaccount On each September 1 on which principal of the Redemption Account Bonds is due and shall be applied to the special payable, including principal due and payable by reason of mandatory sinking fund redemption of the Series 2022 Bonds pursuant to Section 4.3(a) hereof.
(f) Interest received on and any profit realized Bonds, the Trustee shall withdraw from the investment of money in Principal Account for payment to the Bond Fund will become a part Owners of the account Bonds such principal then due and subaccount in which the investment is heldpayable.
Appears in 1 contract
Sources: Indenture
Bond Fund. (a) The Trustee will pay from shall establish and maintain a separate fund designated the “Bond Fund.” Within the Bond Fund, the Trustee shall establish and maintain a separate account designated the “Principal Account” and a separate account designated the “Interest Account. The Trustee shall deposit in the Interest Account and the Principal Account from time to time the principal (including sinking fund installments) of the Bonds when dueamounts required to be deposited therein pursuant to Section 5.02. The Trustee will pay from There shall additionally be deposited in the Interest Account the portion, if any, of the proceeds of the sale of Additional Bonds required to be deposited therein under the Supplemental Indenture pursuant to which such Additional Bonds are issued.
(b) In the event that, on the Business Day prior to an Interest Payment Date, amounts in the Interest Account are insufficient to pay the interest on the Bonds when due. The due and payable on such Interest Payment Date, the Trustee will use money in shall withdraw from the Redemption Account to redeem Bonds pursuant to any optional redemption provision exercised by the Authority or special mandatory redemption provisions orReserve Fund, if directed by an Authorized Authority Representative, to purchase Bonds on the open market; provided, however, (i) no money will be used to purchase Bonds to the extent it is required to pay the redemption price of any Bonds for which notice funds therein, the amount of redemption has been given as provided in Section 4.6such insufficiency, and (ii) Bonds will not be purchased at a price in excess of the applicable optional redemption price plus accrued interest.
(b) There shall, at the option of the Authority, be applied or credited against shall transfer any sinking fund requirement for Bonds of a Series and maturity the principal amount of any Bonds of such Series and maturity that have been previously defeased or redeemed (other than by mandatory sinking fund redemption) before each such mandatory sinking fund redemption date or that have been purchased by the Authority or the Trustee on behalf of the Authority and delivered amounts so withdrawn to the Trustee for cancellation at least seventy (70) days before each such mandatory sinking fund redemption date, provided such Bonds have not previously been applied as a credit against any mandatory sinking fund redemption payment. The credit will be applied against payments required to be made on mandatory sinking fund redemption dates on a generally pro- rata basis within such Series and maturity of Bonds as may be determined by the Administrator and accepted by the Trustee, unless the Trustee receives written instructions from the Authority at least seventy (70) days before such dates to apply the credit in some other orderInterest Account.
(c) On the Business Day immediately preceding a Principal or Interest Payment Date but after the transfers from the Revenue Fund required pursuant to Section 7.2, the Trustee will determine if the balance on deposit in the Principal Account and the Interest Account will be sufficient (after taking into consideration any amount to be transferred from the Capitalized Interest Account) to pay the principal and interest due and payable on the Principal or each Interest Payment Date, and if a deficiency exists, will promptly notify the Authority of such fact. If on any Principal or Interest Payment Date following the required transfers Trustee shall withdraw from the Revenue Fund, the balance on deposit in the Principal Account or the Interest Account is insufficient for payment to pay the principal and Owners of the Bonds the interest on the Bonds then due and payable on Outstanding Bonds, the Trustee will transfer the amount of the deficiency from the Debt Service Reserve Fund to the appropriate account in the Bond Fundpayable.
(d) Prepayments shall be deposited into In the 2022 Prepayment Subaccount event that, on the Business Day prior to a September 1 on which principal of the Bonds is due and shall be applied to the special payable, including principal due and payable by reason of mandatory sinking fund redemption of the 2022 Bonds Bonds, amounts in the Principal Account are insufficient to pay such principal, after having withdrawn any amounts from the Reserve Fund required to be withdrawn therefrom on such date pursuant to Section 4.3(asubsection (b) hereofof this Section, the Trustee shall withdraw from the Reserve Fund, to the extent of any funds therein, the amount of such insufficiency, and shall transfer any amounts so withdrawn to the Principal Account.
(e) Transfers from the Debt Service Reserve Fund pursuant to Section 7.5(c) hereof shall be deposited into the 2022 Prepayment Subaccount On each September 1 on which principal of the Redemption Account Bonds is due and shall be applied to the special payable, including principal due and payable by reason of mandatory sinking fund redemption of the Series 2022 Bonds pursuant to Section 4.3(a) hereof.
(f) Interest received on and any profit realized Bonds, the Trustee shall withdraw from the investment of money in Principal Account for payment to the Bond Fund will become a part Owners of the account Bonds such principal then due and subaccount in which the investment is heldpayable.
Appears in 1 contract
Sources: Indenture
Bond Fund. The Trustee shall establish and maintain, so long as any of the Bonds are outstanding, a separate fund to be known as the "Bond Fund." Money in the Bond Fund shall be applied as provided in this Section 4.2. There shall be deposited in the Bond Fund, as and when received by the Trustee: (a) The Trustee will pay from the Principal Account the principal (including sinking fund installments) of the Bonds when due. The Trustee will pay from the Interest Account the interest on the Bonds when due. The Trustee will use money in the Redemption Account to redeem Bonds pursuant to any optional redemption provision exercised by the Authority or special mandatory redemption provisions or, if directed by an Authorized Authority Representative, to purchase Bonds on the open market; provided, however, (i) no money will be used to purchase Bonds to the extent it is required to pay the redemption price of any Bonds for which notice of redemption has been given TIF Revenues as provided in Section 4.6, ; and (ii) Bonds will not be purchased at a price in excess of the applicable optional redemption price plus accrued interest.
(b) There shall, at the option all interest and other income derived from investments of Bond Fund moneys as provided herein. The Issuer hereby covenants and agrees that so long as any of the AuthorityBonds issued hereunder are outstanding it will deposit, or cause to be applied or credited against any sinking fund requirement paid to Trustee for Bonds deposit in the Bond Fund for its account, all of the TIF Revenues promptly. In the event of a Series and maturity deficiency of available TIF Revenues to make the principal amount of any Bonds of such Series and maturity that have been previously defeased or redeemed (other than by mandatory sinking fund redemption) before each such mandatory sinking fund redemption date or that have been purchased by next debt service payment on the Authority or the Trustee on behalf of the Authority and delivered to the Trustee for cancellation at least seventy (70) days before each such mandatory sinking fund redemption date, provided such Bonds have not previously been applied as a credit against any mandatory sinking fund redemption payment. The credit will be applied against payments required to be made on mandatory sinking fund redemption dates on a generally pro- rata basis within such Series and maturity of Bonds as may be determined by the Administrator and accepted by the Trustee, unless the Trustee receives written instructions from the Authority at least seventy (70) days before such dates to apply the credit in some other order.
(c) On the Business Day immediately preceding a Principal or Interest Payment Date but after the transfers from the Revenue Fund required pursuant to Section 7.2Bonds, the Trustee shall notify the Company of the amount needed to remedy the deficiency by no later than the immediately following January 15 or July 15, as applicable. Nothing herein should be construed as requiring Issuer to deposit or cause to be paid to Trustee for deposit in the Bond Fund, funds from any source other than receipts derived from the TIF Revenues. Moneys in the Bond Fund shall be used by the Trustee to pay interest and principal on the Bonds as they become due upon each Interest Payment Date, at maturity, upon redemption or upon acceleration and to pay Annual Fees. The Trustee shall transmit such funds to the Paying Agent for the Series 2024A Bonds in sufficient time to insure that such interest will determine if the balance be paid as it becomes due. If TIF Revenues on deposit in the Principal Account and the Interest Account will be Bond Fund are not sufficient (after taking into consideration any amount to be transferred from the Capitalized Interest Account) to pay the principal and interest due and payable on the Principal or Interest Payment Datethen due, and if a deficiency exists, will promptly notify the Authority of such fact. If on any Principal or Interest Payment Date following the required transfers from the Revenue Fund, the balance on deposit in the Principal Account or the Interest Account is insufficient to pay the principal and interest due and payable on Outstanding Bonds, the Trustee will transfer the amount of the deficiency from the Debt Service Reserve Fund to the appropriate account in the Bond Fund.
(d) Prepayments shall be deposited into the 2022 Prepayment Subaccount and TIF Revenues shall be applied first to the special mandatory redemption of the 2022 Bonds pursuant pay unpaid interest and then to Section 4.3(a) hereof.
(e) Transfers from the Debt Service Reserve Fund pursuant to Section 7.5(c) hereof unpaid and due principal; provided, however, that no interest shall be deposited into the 2022 Prepayment Subaccount of the Redemption Account and shall be applied to the special mandatory redemption of the Series 2022 Bonds pursuant to Section 4.3(a) hereofdue or paid on any unpaid interest.
(f) Interest received on and any profit realized from the investment of money in the Bond Fund will become a part of the account and subaccount in which the investment is held.
Appears in 1 contract
Sources: Trust Indenture
Bond Fund. (a) There is hereby established a special trust fund which shall be designated the “Industrial Development Revenue Bonds (Ameron International Corporation Project), Series 2001 Bond Fund.” The Trustee will pay from shall be the Principal Account depository, custodian and disbursing agent for the principal (including sinking fund installments) of the Bonds when due. The Trustee will pay from the Interest Account the interest on the Bonds when due. The Trustee will use money in the Redemption Account to redeem Bonds pursuant to any optional redemption provision exercised by the Authority or special mandatory redemption provisions or, if directed by an Authorized Authority Representative, to purchase Bonds on the open market; provided, however, (i) no money will be used to purchase Bonds to the extent it is required to pay the redemption price of any Bonds for which notice of redemption has been given as provided in Section 4.6, and (ii) Bonds will not be purchased at a price in excess of the applicable optional redemption price plus accrued interestBond Fund.
(b) There shallshall be deposited in the Bond Fund, at the option of the Authority, be applied or credited against any sinking fund requirement for Bonds of a Series as and maturity the principal amount of any Bonds of such Series and maturity that have been previously defeased or redeemed when received:
(other than by mandatory sinking fund redemption1) before each such mandatory sinking fund redemption date or that have been purchased all money drawn by the Authority or Trustee under the Trustee Letter of Credit for the purpose of paying Debt Service due on behalf of the Authority and delivered Bonds on any Bond Payment Date,
(2) all Basic Rental Payments under the Lease Agreement with respect to Debt Service on the Trustee for cancellation at least seventy Bonds,
(703) days before each such mandatory sinking fund redemption date, provided such Bonds have not previously been applied as a credit against any mandatory sinking fund redemption payment. The credit will be applied against payments all other money required to be made on mandatory sinking fund redemption dates on a generally pro- rata basis within such Series and maturity of Bonds as may be determined deposited in the Bond Fund pursuant to the Lease Agreement or this Indenture, and
(4) all other money received by the Administrator and accepted Trustee when accompanied by the Trustee, unless the Trustee receives written instructions from the Authority at least seventy (70) days before directions that such dates to apply the credit in some other order.
(c) On the Business Day immediately preceding a Principal or Interest Payment Date but after the transfers from the Revenue Fund required pursuant to Section 7.2, the Trustee will determine if the balance on deposit in the Principal Account and the Interest Account will be sufficient (after taking into consideration any amount money is to be transferred from the Capitalized Interest Account) to pay the principal and interest due and payable on the Principal or Interest Payment Date, and if a deficiency exists, will promptly notify the Authority of such fact. If on any Principal or Interest Payment Date following the required transfers from the Revenue Fund, the balance on deposit in the Principal Account or the Interest Account is insufficient to pay the principal and interest due and payable on Outstanding Bonds, the Trustee will transfer the amount of the deficiency from the Debt Service Reserve Fund to the appropriate account deposited in the Bond Fund.
(c) Subject to the provisions of subsections (d) Prepayments and (e) of this Section, the Trustee is hereby authorized and directed to withdraw sufficient money from the Bond Fund to pay Debt Service on the Bonds as the same become due and payable, whether at Maturity, by call for redemption, or otherwise.
(d) The Trustee shall draw on the Letter of Credit in accordance with its terms for payment by the Bank to the Trustee on each Bond Payment Date of an amount equal to Debt Service due on such Bond Payment Date with respect to Bonds other than Obligor Bonds. Such draws shall be made without regard to Basic Rental Payments received or anticipated with respect to Debt Service on Bonds other than Obligor Bonds. Any money so drawn under the Letter of Credit shall be deposited into and held in a separate, segregated account in the 2022 Prepayment Subaccount Bond Fund and shall not be applied to the special mandatory redemption of the 2022 Bonds pursuant to Section 4.3(a) hereof.
(e) Transfers from the Debt Service Reserve Fund pursuant to Section 7.5(c) hereof shall be deposited into the 2022 Prepayment Subaccount of the Redemption Account and shall be applied to the special mandatory redemption of the Series 2022 Bonds pursuant to Section 4.3(a) hereof.
(f) Interest received on and any profit realized from the investment of commingled with other money in the Bond Fund will become a part Fund. Such money shall be used only to pay Debt Service on Bonds other than Obligor Bonds. Debt Service on Bonds other than Obligor Bonds shall be payable from the following sources in the order of priority indicated:
(1) First, money drawn under the account and subaccount in which the investment is heldLetter of Credit.
Appears in 1 contract
Bond Fund. (a) The Trustee will pay from the Principal Account the principal (including sinking fund installments) of the Bonds when due. The Trustee will pay from the Interest Account the interest on the Bonds when due. The Trustee will use money in the Redemption Account to redeem Bonds pursuant to any optional redemption provision exercised by the Authority or special mandatory redemption provisions or, if directed by an Authorized Authority Representative, to purchase Bonds on the open market; provided, however, (i) no money will be used to purchase Bonds to the extent it is required to pay the redemption price of any Bonds for which notice of redemption has been given Amounts deposited as provided in Section 4.66.02, amounts transferred as provided in Section 6.03 and (ii) Bonds will not be purchased at a price in excess of the applicable optional redemption price plus accrued interest.
(b) There shall, at the option of the Authority, be applied or credited against any sinking fund requirement for Bonds of a Series and maturity the principal amount of any Bonds of such Series and maturity that have been previously defeased or redeemed (other than by mandatory sinking fund redemption) before each such mandatory sinking fund redemption date or that have been purchased by the Authority or amounts deposited with the Trustee on behalf of with instructions to deposit the Authority and delivered to the Trustee for cancellation at least seventy (70) days before each such mandatory sinking fund redemption date, provided such Bonds have not previously been applied as a credit against any mandatory sinking fund redemption payment. The credit will be applied against payments required to be made on mandatory sinking fund redemption dates on a generally pro- rata basis within such Series and maturity of Bonds as may be determined by the Administrator and accepted by the Trustee, unless the Trustee receives written instructions from the Authority at least seventy (70) days before such dates to apply the credit in some other order.
(c) On the Business Day immediately preceding a Principal or Interest Payment Date but after the transfers from the Revenue Fund required pursuant to Section 7.2, the Trustee will determine if the balance on deposit in the Principal Account and the Interest Account will be sufficient (after taking into consideration any amount to be transferred from the Capitalized Interest Account) to pay the principal and interest due and payable on the Principal or Interest Payment Date, and if a deficiency exists, will promptly notify the Authority of such fact. If on any Principal or Interest Payment Date following the required transfers from the Revenue Fund, the balance on deposit same in the Principal Account or the Interest Account is insufficient to pay the principal and interest due and payable on Outstanding Bonds, the Trustee will transfer the amount of the deficiency from the Debt Service Reserve Bond Fund to will be deposited in the appropriate account in Account of the Bond Fund.
(d. Amounts received by the Trustee from draws on the Credit Facility or the Confirmation Letter, if applicable, as provided in Section 6.13(a) Prepayments shall will be deposited into in the 2022 Prepayment Subaccount and shall be applied to the special mandatory redemption Credit Facility Account of the 2022 Bonds pursuant Bond Fund. The Trustee will disburse or cause the Paying Agent to Section 4.3(a) hereof.
(e) Transfers from the Debt Service Reserve Fund pursuant to Section 7.5(c) hereof shall be deposited into the 2022 Prepayment Subaccount of the Redemption Account and shall be applied to the special mandatory redemption of the Series 2022 Bonds pursuant to Section 4.3(a) hereof.
(f) Interest received on and any profit realized from the investment of money disburse moneys in the Bond Fund will become a part in the following priority:
(a) moneys on deposit in the Credit Facility Account of the account Bond Fund will be applied to pay interest due on the Bonds on each Interest Payment Date and principal of the Bonds due on each Bond Payment Date;
(b) moneys on deposit in the Interest Account of the Bond Fund which do not constitute Available Moneys will be segregated in a separate subaccount therein until such moneys become Available Moneys, at which time such Available Moneys will be held in the Interest Account of the Bond Fund, and moneys on deposit in the Interest Account of the Bond Fund which constitute Available Moneys will be applied to pay interest due on the Bonds on each Interest Payment Date to the extent that the amounts in the Credit Facility Account are insufficient therefor or to reimburse the Credit Provider to the extent of draws therefor which have not previously been reimbursed; and
(c) moneys on deposit in the Principal Account of the Bond Fund which do not constitute Available Moneys will be segregated in a separate subaccount therein until such moneys become Available Moneys, at which time such Available Moneys will be held in the Principal Account of the Bond Fund, and moneys on deposit in the Principal Account of the Bond Fund which constitute Available Moneys will be applied to pay principal of the Bonds due on each Bond Payment Date to the extent that the amounts in the Credit Facility Account are insufficient therefor or to reimburse the Credit Provider to the extent of draws therefor which have not previously been reimbursed. provided, however, that to the extent such principal or interest is paid with proceeds of a drawing under the Credit Facility and the Company does not reimburse the Credit Provider directly, the Trustee shall promptly reimburse the Credit Provider from funds on deposit in the Interest Account or the Principal Account of the Bond Fund (other than proceeds from a drawing on the Credit Facility) in accordance with written instructions given from time to time to the Trustee by the Credit Provider. To the extent that the moneys deposited in the Bond Fund would not constitute Available Moneys at the time of such deposit, the Trustee shall create separate subaccounts in the Bond Fund in which the investment is heldsuch moneys will be held until they constitute Available Moneys.
Appears in 1 contract
Bond Fund. The Trustee shall establish and maintain, so long as any of the Bonds are outstanding, a separate fund to be known as the “Bond Fund.” Money in the Bond Fund shall be applied as provided in this Section 4.2. There shall be deposited into the Bond Fund, as and when received, (a) The Trustee will pay from the Principal Account the principal (including sinking fund installments) of the Bonds when due. The Trustee will pay from the Interest Account the interest on the Bonds when due. The Trustee will use money in the Redemption Account to redeem Bonds pursuant to any optional redemption provision exercised by the Authority or special mandatory redemption provisions or, if directed by an Authorized Authority Representative, to purchase Bonds on the open marketall Sublease Rental Payments; provided, however, (i) no money will be used to purchase Bonds to the extent it is required to pay the redemption price of any Bonds for which notice of redemption has been given as provided in Section 4.6, and (ii) Bonds will not be purchased at a price in excess of the applicable optional redemption price plus accrued interest.
(b) There shall, at the option of the Authority, be applied or credited against any sinking fund requirement for Bonds of a Series and maturity the principal amount of any Bonds of such Series and maturity that have been previously defeased or redeemed (other than by mandatory sinking fund redemption) before each such mandatory sinking fund redemption date or that have been purchased by the Authority or the Trustee on behalf of the Authority and delivered all payments received pursuant to the Trustee for cancellation at least seventy (70) days before each such mandatory sinking fund redemption date, provided such Bonds have not previously been applied as a credit against any mandatory sinking fund redemption payment. The credit will be applied against payments required to be made on mandatory sinking fund redemption dates on a generally pro- rata basis within such Series and maturity of Bonds as may be determined by the Administrator and accepted by the Trustee, unless the Trustee receives written instructions from the Authority at least seventy (70) days before such dates to apply the credit in some other order.
Notes; (c) On all payments specified in Section 3.2 of the Business Day immediately preceding a Principal or Interest Payment Date but after the transfers Financing Agreement; (d) all interest and other income derived from the Revenue investments of Bond Fund required pursuant to Section 7.2, the Trustee will determine if the balance on deposit in the Principal Account and the Interest Account will be sufficient moneys as provided herein; (after taking into consideration e) any amount to be transferred from the Capitalized Interest Account) to pay the principal and interest due and payable on the Principal or Interest Payment Date, and if a deficiency exists, will promptly notify the Authority of such fact. If on any Principal or Interest Payment Date following the required transfers from the Revenue Fund, the balance on deposit in the Principal Account or the Interest Account is insufficient to pay the principal and interest due and payable on Outstanding Bonds, the Trustee will transfer the amount of the deficiency from the Debt Service Reserve Fund; and (f) all other moneys received by the Trustee under and pursuant to any of the provisions of the Financing Agreement which are required or which are accompanied by directions that such moneys are to be paid into the Bond Fund. The Issuer hereby covenants and agrees that so long as any of the Bonds issued hereunder are outstanding it will deposit, or cause to be paid to Trustee for deposit into the Bond Fund for its account, all revenues from the Notes and the Financing Agreement, for application to the appropriate account payment of the principal of and interest on the Bonds as the same become due and payable. Nothing herein should be construed as requiring Issuer to deposit or cause to be paid to Trustee for deposit in the Bond Fund.
(d) Prepayments shall be deposited into the 2022 Prepayment Subaccount and shall be applied to the special mandatory redemption of the 2022 Bonds pursuant to Section 4.3(a) hereof.
(e) Transfers , funds from any source other than receipts derived from the Debt Service Reserve Fund pursuant to Section 7.5(c) hereof shall be deposited into the 2022 Prepayment Subaccount of the Redemption Account Sublease Rental Payments, and shall be applied to the special mandatory redemption of the Series 2022 Bonds pursuant to Section 4.3(a) hereof.
(f) Interest received on and any profit realized from the investment of money Notes and the Financing Agreement. Moneys in the Bond Fund shall be used by the Trustee first to pay interest and then principal on the Bonds as such moneys are available. The Trustee shall transmit such funds to the Paying Agent for any series of Bonds in sufficient time to insure that such interest and principal will become a part of the account and subaccount in which the investment is heldbe paid on any Interest Payment Date.
Appears in 1 contract
Sources: Trust Indenture
Bond Fund. Upon the receipt thereof, the Trustee shall deposit all Revenues in the "California Pollution Control Financing Authority Pollution Control Refunding Revenue Bonds (aLaid▇▇▇ ▇▇▇ironmental Services, Inc.) The 1997 Series A Bond Fund," which the Trustee will pay from shall establish and maintain and hold in trust, and which shall be disbursed and applied only as hereinafter authorized. Except as provided in this Section, Sections 5.06 and 10.03, moneys in the Principal Account Bond Fund shall be used solely for the payment of the principal (including sinking fund installments) of the Bonds when due. The Trustee will pay from the Interest Account the and interest on the Bonds when as the same shall become due, whether at maturity or upon redemption or acceleration or otherwise. The Trustee will use money shall deposit in the Redemption Account Bond Fund from time to redeem time, upon receipt thereof, all Repayment Installments received by the Trustee from the Borrower for deposit in the Bond Fund, any income received from the investment of moneys on deposit in the Bond Fund and any other Revenues, including insurance proceeds, condemnation awards and other prepayment amounts received under the Agreement from or for the account of the Borrower. In making payments of principal of, and interest on the Bonds, the Trustee shall (a) first use all available amounts held in the Bond Fund, and (b) then use any other Revenues received by the Trustee. Except to the extent such moneys are required to be held for the payment of principal of, or interest on the Bonds then due and payable or to effect the defeasance of Bonds pursuant to Article X hereof, so long as no Event of Default (or any optional redemption provision exercised by event which would be an Event of Default hereunder with the Authority passage of time or special mandatory redemption provisions orthe giving of notice) exists hereunder, if directed by an Authorized Authority Representative, to purchase Bonds on the open market; providedfifth day after each Interest Payment Date, however, (i) no money will be used to purchase Bonds to the extent it is required to pay the redemption price of any Bonds for which notice of redemption has been given as provided in Section 4.6, and (ii) Bonds will not be purchased at a price in excess of the applicable optional redemption price plus accrued interest.
(b) There shall, at the option of the Authority, be applied or credited against any sinking fund requirement for Bonds of a Series and maturity the principal amount of any Bonds of such Series and maturity that have been previously defeased or redeemed (other than by mandatory sinking fund redemption) before each such mandatory sinking fund redemption date or that have been purchased by the Authority or the Trustee on behalf of the Authority and delivered to the Trustee for cancellation at least seventy (70) days before each such mandatory sinking fund redemption date, provided such Bonds have not previously been applied as a credit against any mandatory sinking fund redemption payment. The credit will be applied against payments required to be made on mandatory sinking fund redemption dates on a generally pro- rata basis within such Series and maturity of Bonds as may be determined by the Administrator and accepted by the Trustee, unless otherwise instructed by the Trustee receives written instructions from Borrower, shall return to the Authority at least seventy Borrower (70free and clear of the pledge and lien of this Indenture) days before such dates to apply the credit in some other order.
(c) On the Business Day immediately preceding a Principal or Interest Payment Date but after the transfers from the Revenue Fund required pursuant to Section 7.2, the Trustee will determine if the balance any moneys then on deposit in the Principal Account and the Interest Account will be sufficient (after taking into consideration any amount to be transferred from the Capitalized Interest Account) to pay the principal and interest due and payable on the Principal Bond Fund or Interest Payment Date, and if a deficiency exists, will promptly notify the Authority of shall deposit such fact. If on any Principal or Interest Payment Date following the required transfers from the Revenue Fund, the balance on deposit funds in the Principal Account or Rebate Fund if so instructed by the Interest Account is insufficient to pay the principal and interest due and payable on Outstanding Bonds, the Trustee will transfer the amount of the deficiency from the Debt Service Reserve Fund to the appropriate account in the Bond FundBorrower.
(d) Prepayments shall be deposited into the 2022 Prepayment Subaccount and shall be applied to the special mandatory redemption of the 2022 Bonds pursuant to Section 4.3(a) hereof.
(e) Transfers from the Debt Service Reserve Fund pursuant to Section 7.5(c) hereof shall be deposited into the 2022 Prepayment Subaccount of the Redemption Account and shall be applied to the special mandatory redemption of the Series 2022 Bonds pursuant to Section 4.3(a) hereof.
(f) Interest received on and any profit realized from the investment of money in the Bond Fund will become a part of the account and subaccount in which the investment is held.
Appears in 1 contract
Sources: Indenture of Trust (Laidlaw Environmental Services Inc)
Bond Fund. There is hereby established and created a fund to be designated “Polk County Industrial Development Authority Solid Waste Disposal Facility Revenue Refunding Bonds (aTampa Electric Company Project) Series 2010 Bond Fund.” The Trustee will pay from shall further establish separate accounts within the Bond Fund to be known as the “Interest Account,” the “Principal Account Account” and the principal (including sinking fund installments) “Redemption Account.” The Bond Fund and the moneys and Permitted Investments therein shall be used solely and exclusively for the payment of the Bonds when Bond Service Charges as they become due at stated maturity, by redemption, or by acceleration, all as provided herein. Bond Service Charges shall be payable, as they become due. The Trustee will pay from the Interest Account the interest on the Bonds when due. The Trustee will use money in the Redemption Account to redeem Bonds pursuant to any optional redemption provision exercised by the Authority or special mandatory redemption provisions or, if directed by an Authorized Authority Representative, to purchase Bonds on the open market; provided, however, (i) no money will in the first instance from the payments to be used made by the Company to purchase Bonds the Trustee pursuant to Section 5.05(a) and to be deposited in the Bond Fund, (ii) if those payments are not made or if moneys then on deposit in the Bond Fund and available for that purpose are not sufficient to pay the Bond Service Charges, from other Revenues to the extent it is then available, and (iii) from any other source lawfully available to the Trustee. Except where moneys have been deposited with or paid to the Trustee pursuant to an instrument restricting their application to particular Bonds, all moneys required or permitted to pay be deposited with or paid to the Trustee under any provision of this Agreement, and any investments thereof, shall be held by the Trustee in trust. Except for (i) moneys deposited with or paid to the Trustee for the redemption price of any Bonds for which Bonds, notice of the redemption has of which shall have been given as provided in Section 4.6duly given, and (ii) Bonds will not be purchased at a price in excess of the applicable optional redemption price plus accrued interest.
(b) There shall, at the option of the Authority, be applied or credited against any sinking fund requirement for Bonds of a Series and maturity the principal amount of any Bonds of such Series and maturity that have been previously defeased or redeemed (other than by mandatory sinking fund redemption) before each such mandatory sinking fund redemption date or that have been purchased moneys held by the Authority or the Trustee on behalf of the Authority and delivered to the Trustee for cancellation at least seventy (70) days before each such mandatory sinking fund redemption date, provided such Bonds have not previously been applied as a credit against any mandatory sinking fund redemption payment. The credit will be applied against payments required to be made on mandatory sinking fund redemption dates on a generally pro- rata basis within such Series and maturity of Bonds as may be determined by the Administrator and accepted by the Trustee, unless the Trustee receives written instructions from the Authority at least seventy (70) days before such dates to apply the credit in some other order.
(c) On the Business Day immediately preceding a Principal or Interest Payment Date but after the transfers from the Revenue Fund required pursuant to Section 7.213.03, all moneys described in the preceding sentence held by the Trustee will determine if shall be subject to the balance on deposit lien hereof while so held. The Trustee shall apply money contained in the Principal Account and accounts described below at the Interest Account will be sufficient (after taking into consideration any amount to be transferred from the Capitalized Interest Account) to pay the principal and interest due and payable on the Principal or Interest Payment Date, and if a deficiency exists, will promptly notify the Authority of such fact. If on any Principal or Interest Payment Date following the required transfers from the Revenue Fund, the balance on deposit respective times in the Principal Account or the Interest Account is insufficient to pay the principal and interest due and payable on Outstanding Bondsmanner hereinafter provided, which accounts the Trustee will transfer the amount of the deficiency from the Debt Service Reserve Fund hereby agrees to the appropriate account in the Bond Fund.
(d) Prepayments shall be deposited into the 2022 Prepayment Subaccount establish and shall be applied to the special mandatory redemption of the 2022 Bonds pursuant to Section 4.3(a) hereof.
(e) Transfers from the Debt Service Reserve Fund pursuant to Section 7.5(c) hereof shall be deposited into the 2022 Prepayment Subaccount of the Redemption Account and shall be applied to the special mandatory redemption of the Series 2022 Bonds pursuant to Section 4.3(a) hereof.
(f) Interest received on and any profit realized from the investment of money in maintain within the Bond Fund will become so long as this Agreement is not discharged in accordance with ARTICLE XIII and each such account shall constitute a part trust fund for the benefit of the holders of the Bonds, and the money in each such account shall be disbursed only for the purposes and subaccount in which the investment is helduses hereinafter authorized.
Appears in 1 contract
Bond Fund. There is hereby established and created a fund for each series of Bonds to be designated “Hillsborough County Industrial Development Authority Pollution Control Revenue Refunding Bonds (aTampa Electric Company Project) The Trustee will pay from the Principal Account the principal (including sinking fund installments) of the Bonds when dueSeries 2007 Bond Fund” and with a further designation for each series. The Trustee will pay from Bond Fund for each series of Bonds and the Interest Account moneys and Permitted Investments therein shall be used solely and exclusively for the interest on the payment of Bond Service Charges for such series of Bonds when as they become due at stated maturity, by redemption, or by acceleration, all as provided herein. Bond Service Charges shall be payable, as they become due. The Trustee will use money in the Redemption Account to redeem Bonds pursuant to any optional redemption provision exercised by the Authority or special mandatory redemption provisions or, if directed by an Authorized Authority Representative, to purchase Bonds on the open market; provided, however, (i) no money will in the first instance from the payments to be used made by the Company to purchase Bonds the Trustee pursuant to Section 5.05(a) and to be deposited in the Bond Fund, (ii) if those payments are not made or if moneys then on deposit in the Bond Fund and available for that purpose are not sufficient to pay the Bond Service Charges, from other Revenues to the extent it is then available, and (iii) from any other source lawfully available to the Trustee. Except where moneys have been deposited with or paid to the Trustee pursuant to an instrument restricting their application to particular Bonds, all moneys required or permitted to pay be deposited with or paid to the Trustee under any provision of this Agreement, and any investments thereof, shall be held by the Trustee in trust. Except for (i) moneys deposited with or paid to the Trustee for the redemption price of any Bonds for which Bonds, notice of the redemption has of which shall have been given as provided in Section 4.6duly given, and (ii) Bonds will not be purchased at a price in excess of the applicable optional redemption price plus accrued interest.
(b) There shall, at the option of the Authority, be applied or credited against any sinking fund requirement for Bonds of a Series and maturity the principal amount of any Bonds of such Series and maturity that have been previously defeased or redeemed (other than by mandatory sinking fund redemption) before each such mandatory sinking fund redemption date or that have been purchased moneys held by the Authority or the Trustee on behalf of the Authority and delivered to the Trustee for cancellation at least seventy (70) days before each such mandatory sinking fund redemption date, provided such Bonds have not previously been applied as a credit against any mandatory sinking fund redemption payment. The credit will be applied against payments required to be made on mandatory sinking fund redemption dates on a generally pro- rata basis within such Series and maturity of Bonds as may be determined by the Administrator and accepted by the Trustee, unless the Trustee receives written instructions from the Authority at least seventy (70) days before such dates to apply the credit in some other order.
(c) On the Business Day immediately preceding a Principal or Interest Payment Date but after the transfers from the Revenue Fund required pursuant to Section 7.213.03, all moneys described in the preceding sentence held by the Trustee will determine if shall be subject to the balance on deposit lien hereof while so held. The Trustee shall apply money contained in the Principal Account and accounts described below at the Interest Account will be sufficient (after taking into consideration any amount to be transferred from the Capitalized Interest Account) to pay the principal and interest due and payable on the Principal or Interest Payment Date, and if a deficiency exists, will promptly notify the Authority of such fact. If on any Principal or Interest Payment Date following the required transfers from the Revenue Fund, the balance on deposit respective times in the Principal Account or the Interest Account is insufficient to pay the principal and interest due and payable on Outstanding Bondsmanner hereinafter provided, which accounts the Trustee will transfer the amount of the deficiency from the Debt Service Reserve Fund hereby agrees to the appropriate account in the Bond Fund.
(d) Prepayments shall be deposited into the 2022 Prepayment Subaccount establish and shall be applied to the special mandatory redemption of the 2022 Bonds pursuant to Section 4.3(a) hereof.
(e) Transfers from the Debt Service Reserve Fund pursuant to Section 7.5(c) hereof shall be deposited into the 2022 Prepayment Subaccount of the Redemption Account and shall be applied to the special mandatory redemption of the Series 2022 Bonds pursuant to Section 4.3(a) hereof.
(f) Interest received on and any profit realized from the investment of money in maintain within the Bond Fund will become so long as this Agreement is not discharged in accordance with ARTICLE XIII and each such account shall constitute a part trust fund for the benefit of the holders of the Bonds and the Bond Insurer, and the money in each such account shall be disbursed only for the purposes and subaccount in which the investment is helduses hereinafter authorized.
Appears in 1 contract
Bond Fund. The Trustee shall establish and maintain, so long as any of the Bonds are outstanding, a separate fund to be known as the "Bond Fund." Money in the Bond Fund shall be applied as provided in this Section 4.2. There shall be deposited in the Bond Fund, as and when received by the Trustee: (a) The Trustee will pay from the Principal Account the principal (including sinking fund installments) of the Bonds when due. The Trustee will pay from the Interest Account the interest on the Bonds when due. The Trustee will use money in the Redemption Account to redeem Bonds pursuant to any optional redemption provision exercised by the Authority or special mandatory redemption provisions or, if directed by an Authorized Authority Representative, to purchase Bonds on the open market; provided, however, (i) no money will be used to purchase Bonds to the extent it is required to pay the redemption price of any Bonds for which notice of redemption has been given TIF Revenues as provided in Section 4.6, and (ii) Bonds will not be purchased at a price in excess of the applicable optional redemption price plus accrued interest.
; (b) There shall, at any amount remaining in the option Construction Fund to be transferred to the Bond Fund pursuant to the Indenture upon completion of the Authority, be applied or credited against any sinking fund requirement for Bonds of a Series and maturity the principal amount of any Bonds of such Series and maturity that have been previously defeased or redeemed (other than by mandatory sinking fund redemption) before each such mandatory sinking fund redemption date or that have been purchased by the Authority or the Trustee on behalf of the Authority and delivered to the Trustee for cancellation at least seventy (70) days before each such mandatory sinking fund redemption date, provided such Bonds have not previously been applied as a credit against any mandatory sinking fund redemption payment. The credit will be applied against payments required to be made on mandatory sinking fund redemption dates on a generally pro- rata basis within such Series and maturity of Bonds as may be determined by the Administrator and accepted by the Trustee, unless the Trustee receives written instructions from the Authority at least seventy (70) days before such dates to apply the credit in some other order.
Project; (c) On all interest and other income derived from investments of Bond Fund moneys as provided herein; and (d) all other moneys received by the Business Day immediately preceding a Principal Trustee under and pursuant to any of the provisions of the Financing Agreement which are required or which are accompanied by directions that such moneys are to be paid into the Bond Fund. The Issuer hereby covenants and agrees that so long as any of the Bonds issued hereunder are outstanding it will deposit, or cause to be paid to Trustee for deposit in the Bond Fund for its account, sufficient sums of the TIF Revenues promptly to meet and pay the principal of and interest on the Bonds as the same become due and payable. Nothing herein should be construed as requiring Issuer to deposit or cause to be paid to Trustee for deposit in the Bond Fund, funds from any source other than receipts derived from the TIF Revenues. Moneys in the Bond Fund shall be used by the Trustee to pay interest and principal on the Bonds as they become due upon each Interest Payment Date but after Date, at maturity, upon redemption or upon acceleration and to pay Annual Fees. The Trustee shall transmit such funds to the transfers from Paying Agent for the Revenue Fund required pursuant Series 2020 Bonds in sufficient time to Section 7.2, the Trustee insure that such interest will determine if the balance be paid as it becomes due. If TIF Revenues on deposit in the Principal Account and the Interest Account will be Bond Fund are not sufficient (after taking into consideration any amount to be transferred from the Capitalized Interest Account) to pay the principal and interest due and payable on the Principal or Interest Payment Datethen due, and if a deficiency exists, will promptly notify the Authority of such fact. If on any Principal or Interest Payment Date following the required transfers from the Revenue Fund, the balance on deposit in the Principal Account or the Interest Account is insufficient to pay the principal and interest due and payable on Outstanding Bonds, the Trustee will transfer the amount of the deficiency from the Debt Service Reserve Fund to the appropriate account in the Bond Fund.
(d) Prepayments shall be deposited into the 2022 Prepayment Subaccount and TIF Revenues shall be applied first to the special mandatory redemption of the 2022 Bonds pursuant pay unpaid interest and then to Section 4.3(a) hereof.
(e) Transfers from the Debt Service Reserve Fund pursuant to Section 7.5(c) hereof unpaid and due principal; provided, however, that no interest shall be deposited into the 2022 Prepayment Subaccount of the Redemption Account and shall be applied to the special mandatory redemption of the Series 2022 Bonds pursuant to Section 4.3(a) hereofdue or paid on any unpaid interest.
(f) Interest received on and any profit realized from the investment of money in the Bond Fund will become a part of the account and subaccount in which the investment is held.
Appears in 1 contract
Sources: Trust Indenture
Bond Fund. There is hereby established and created a fund to be designated “Hillsborough County Industrial Development Authority Pollution Control Revenue Refunding Bonds (aTampa Electric Company Project) Series 2006 Bond Fund.” The Trustee will pay from Bond Fund and the Principal Account moneys and Permitted Investments therein shall be used solely and exclusively for the principal (including sinking fund installments) payment of the Bonds when Bond Service Charges as they become due at stated maturity, by redemption, or by acceleration, all as provided herein. Bond Service Charges shall be payable, as they become due. The Trustee will pay from the Interest Account the interest on the Bonds when due. The Trustee will use money in the Redemption Account to redeem Bonds pursuant to any optional redemption provision exercised by the Authority or special mandatory redemption provisions or, if directed by an Authorized Authority Representative, to purchase Bonds on the open market; provided, however, (i) no money will in the first instance from the payments to be used made by the Company to purchase Bonds the Trustee pursuant to Section 5.05(a) and to be deposited in the Bond Fund, (ii) if those payments are not made or if moneys then on deposit in the Bond Fund and available for that purpose are not sufficient to pay the Bond Service Charges, from other Revenues to the extent it is then available, and (iii) from any other source lawfully available to the Trustee. Except where moneys have been deposited with or paid to the Trustee pursuant to an instrument restricting their application to particular Bonds, all moneys required or permitted to pay be deposited with or paid to the Trustee under any provision of this Agreement, and any investments thereof, shall be held by the Trustee in trust. Except for (i) moneys deposited with or paid to the Trustee for the redemption price of any Bonds for which Bonds, notice of the redemption has of which shall have been given as provided in Section 4.6duly given, and (ii) Bonds will not be purchased at a price in excess of the applicable optional redemption price plus accrued interest.
(b) There shall, at the option of the Authority, be applied or credited against any sinking fund requirement for Bonds of a Series and maturity the principal amount of any Bonds of such Series and maturity that have been previously defeased or redeemed (other than by mandatory sinking fund redemption) before each such mandatory sinking fund redemption date or that have been purchased moneys held by the Authority or the Trustee on behalf of the Authority and delivered to the Trustee for cancellation at least seventy (70) days before each such mandatory sinking fund redemption date, provided such Bonds have not previously been applied as a credit against any mandatory sinking fund redemption payment. The credit will be applied against payments required to be made on mandatory sinking fund redemption dates on a generally pro- rata basis within such Series and maturity of Bonds as may be determined by the Administrator and accepted by the Trustee, unless the Trustee receives written instructions from the Authority at least seventy (70) days before such dates to apply the credit in some other order.
(c) On the Business Day immediately preceding a Principal or Interest Payment Date but after the transfers from the Revenue Fund required pursuant to Section 7.213.03, all moneys described in the preceding sentence held by the Trustee will determine if shall be subject to the balance on deposit lien hereof while so held. The Trustee shall apply money contained in the Principal Account and accounts described below at the Interest Account will be sufficient (after taking into consideration any amount to be transferred from the Capitalized Interest Account) to pay the principal and interest due and payable on the Principal or Interest Payment Date, and if a deficiency exists, will promptly notify the Authority of such fact. If on any Principal or Interest Payment Date following the required transfers from the Revenue Fund, the balance on deposit respective times in the Principal Account or the Interest Account is insufficient to pay the principal and interest due and payable on Outstanding Bondsmanner hereinafter provided, which accounts the Trustee will transfer the amount of the deficiency from the Debt Service Reserve Fund hereby agrees to the appropriate account in the Bond Fund.
(d) Prepayments shall be deposited into the 2022 Prepayment Subaccount establish and shall be applied to the special mandatory redemption of the 2022 Bonds pursuant to Section 4.3(a) hereof.
(e) Transfers from the Debt Service Reserve Fund pursuant to Section 7.5(c) hereof shall be deposited into the 2022 Prepayment Subaccount of the Redemption Account and shall be applied to the special mandatory redemption of the Series 2022 Bonds pursuant to Section 4.3(a) hereof.
(f) Interest received on and any profit realized from the investment of money in maintain within the Bond Fund will become so long as this Agreement is not discharged in accordance with ARTICLE XIII and each such account shall constitute a part trust fund for the benefit of the holders of the Bonds and the Bond Insurer, and the money in each such account shall be disbursed only for the purposes and subaccount in which the investment is helduses hereinafter authorized.
Appears in 1 contract
Bond Fund. (a) The Trustee will pay from the Principal Account the principal (including sinking fund installments) shall establish and maintain so long as any of the Bonds when dueare Outstanding a separate fund to be known as the Bond Fund, and separate accounts therein to be known as the Interest Account, the Administrative Expenses Account and the Principal Account. Immediately on the Closing Date, there shall be deposited to the designated accounts of the Bond Fund all funds received by the Trustee pursuant to Section 6.01 hereof in such accounts so designated. The Borrower’s payment under the Loan Agreement shall be paid no later than the fifteenth (15th) day of each month. There shall be deposited to the Bond Fund immediately upon receipt all money received by the Issuer or the Trustee will pay from pursuant to Section 4.02 of the Interest Account Loan Agreement, the Mortgage and the Notes including payments of interest and principal on the Bonds when due. The Trustee will use money in the Redemption Account to redeem Bonds pursuant to any optional redemption provision exercised by the Authority or special mandatory redemption provisions orNotes, if directed by an Authorized Authority Representative, to purchase Bonds and investment earnings on the open market; provided, however, (i) no money will be used to purchase Bonds to the extent it is required to pay the redemption price of any Bonds for which notice of redemption has been given certain Funds and Accounts as provided in Section 4.66.06.
(i) The Trustee shall:
(A) On the sixteenth day of each month (or the next Business day if such day is not a Business day), calculate the Cash Flow Deficiency in the Bond Fund, if any, as of the date of such calculation. The Trustee shall provide telephonic notice to the Borrower of the amount of the Cash Flow Deficiency, if any, on the date such calculation is made, which notice shall be promptly confirmed in writing. The Borrower shall pay an amount equal to the Cash Flow Deficiency in immediately available funds within three Business days of such notice, as provided in Section 4.02 of the Loan Agreement and the Trustee shall deposit such amounts in the Bond Fund; and
(B) Immediately (but in any event no later than three Business days after such occurrence) notify the Borrower of any failure by the Borrower to make a required monthly payment of principal of or interest on the Loan pursuant to the Notes or a required payment of an amount in respect of a Cash Flow Deficiency, as described in the immediately preceding paragraph.
(ii) Prior to the Project Completion Date, amounts on deposit in the Bond Fund and available for such purpose shall be disbursed, transferred or deposited on the Business day immediately prior to each Bond Payment Date in the following order of priority:
(A) To the Escrow Fund, amounts for taxes and insurance in accordance with Section 4.02(b)(iii) of the Loan Agreement;
(B) To the Interest Account, an amount which, together with amounts already on deposit therein and in the Redemption Fund for such purpose, is sufficient to pay the interest past due on the Senior Bonds will not or coming due on such Bond Payment Date;
(C) The Bonds being redeemed before maturity in accordance with Section 4.02(b) of this Indenture shall be purchased redeemed at a redemption price equal to the principal amount of the Bonds being redeemed, together with accrued interest to the date of redemption.
(D) Commencing on the Business day prior to the first Bond Payment Date on which principal is due, to the Principal Account an amount which, together with amounts already on deposit therein, is sufficient to pay the principal of any Senior Bonds past due or coming due (whether at maturity or by operation of the mandatory sinking fund redemption) on such Payment Date;
(E) To the Replacement Reserve Fund, payments in accordance with Section 5.11 hereof;
(F) To the Administrative Expenses Account, all fees, indemnification amounts and other amounts payable to and for the account of the Trustee;
(G) To the Administrative Expenses Account, an amount sufficient to pay the portion of the Administrative Expenses accrued pursuant to Section 5.05;
(H) To the Interest Account, an amount which, together with amounts already on deposit therein and in the Redemption Fund for such purpose, is sufficient to pay the interest past due on the Subordinate Bonds or coming due on such Bond Payment Date;
(I) Commencing on the Business day prior to the first Bond Payment Date on which principal is due, to the Principal Account an amount which, together with amounts already on deposit therein, is sufficient to pay the principal of any Subordinate Bond past due or coming due (whether at maturity or by operation of the sinking fund redemption) on such Payment Date;
(J) To the Redemption Fund, in the event of redemption of the Bonds pursuant to Section 4.02, Section 4.04 or Section 4.05, any amounts remaining;
(K) To the Administrative Expenses Account, all fees, indemnification amounts and other amounts payable to and for the account of the Issuer in excess of the applicable optional redemption price plus accrued interestIssuer Fee, including, to the extent incurred in accordance with this Indenture and the Loan Agreement, any expenses of the Issuer for extraordinary services and any expenses of Counsel to the Issuer for extraordinary services; and
(L) To be retained in the Bond Fund and used to cure any deficiency in amounts required by clauses (A) through (K) above, the balance, provided that, except as provided in Section 5.10 with respect to transfers to the Rebate Fund, on each Bond Payment Date, any amounts remaining in the Bond Fund on such date after the foregoing transfers have been made shall be transferred to the Borrower.
(b) There shallFrom and after the Project Completion Date, at amounts on deposit in the option Bond Fund and available for such purpose shall be disbursed as follows:
(i) [Reserved];
(ii) Money on deposit in the Bond Fund will be disbursed by the Trustee not later than the fifteenth day of each month (or the immediately preceding Business day if such day is not a Business day) in the following order of priority:
(A) To the Interest Account, an amount equal to the Interest Requirement for the current calendar month for the Bonds;
(B) To the Principal Account, amounts equal to the applicable Principal Requirement for the Bonds;
(C) To the Administrative Expenses Account, all fees, indemnification amounts and other amounts payable to and for the account of the AuthorityTrustee, be applied or credited against any sinking fund requirement including an amount sufficient to pay in equal monthly amounts that portion of the Trustee Fee due on the next Bond Payment Date pursuant to Section 5.05;
(D) To the Escrow Fund, amounts for Bonds taxes and insurance in accordance with Section 4.02(b) of a Series and maturity the principal Loan Agreement;
(E) To the Administrative Expenses Account, an amount sufficient to pay that the accrued monthly portion of any Bonds of such Series and maturity that have been previously defeased or redeemed the Administrative Expenses (other than the Trustee Fee) pursuant to Section 5.05;
(F) To the Replacement Reserve Fund, payments in accordance with the Replacement Reserve Fund Requirement;
(G) To the Redemption Fund, in the event of redemption of the Bonds pursuant to Section 4.02, Section 4.04 or Section 4.05, any amounts remaining;
(H) To the extent incurred in accordance with this Indenture and the Loan Agreement and not provided for by mandatory sinking fund redemptionclause (A) before each above, any expenses of the Issuer for extraordinary services and any expenses of Counsel to the Issuer for extraordinary services;
(I) The balance to be retained in the Bond Fund and used to cure any deficiency in amounts available to make the transfers required by clauses (A) through (H) above until such mandatory sinking fund redemption date or that time as the conditions set forth in Section 7.05 of the Loan Agreement have been purchased by met and the Authority or Loan has been repaid in full, at which time the Trustee on behalf of balance in the Authority and delivered Bond Fund shall be transferred to the Trustee for cancellation at least seventy (70) days before each such mandatory sinking fund redemption date, provided such Bonds have not previously been applied as a credit against any mandatory sinking fund redemption payment. The credit will be applied against payments required to be made on mandatory sinking fund redemption dates on a generally pro- rata basis within such Series and maturity of Bonds as may be determined by the Administrator and accepted by the Trustee, unless the Trustee receives written instructions from the Authority at least seventy (70) days before such dates to apply the credit in some other orderBorrower.
(c) On Upon the Business Day immediately preceding a Principal payment in full of the Bonds and the fees and expenses that are due or Interest Payment Date but after will be due to the transfers from Issuer, the Revenue Fund required Trustee, the Paying Agent and the Registrar and all amounts owing pursuant to Section 7.212.01, and the payment of amounts payable to the United States pursuant to Section 5.10, any amounts remaining in the Bond Fund shall be paid as provided in Section 5.12. Money in the Bond Fund shall be invested in accordance with Section 6.05 with such maturities as shall be necessary to provide cash to make the transfers required hereby.
(d) Notwithstanding anything to the contrary in this Section 5.02, in the event and to the extent that the Trustee has notice that a premium on insurance required by Section 5.14 of the Loan Agreement or that taxes, assessments or charges required by Section 5.13 of the Loan Agreement are due and there is insufficient money in the Escrow Fund to pay such amounts when due, and not later than the earlier of (i) 10 days after a written request to the Borrower for payment of such amounts or (ii) the date on which failure to pay such amounts would result in cancellation of the related policy or foreclosure of the Project, as applicable, the Trustee will determine if the balance shall pay such amounts, first from money on deposit in the Principal Account Replacement Reserve Fund and the Interest Account will be sufficient (after taking into consideration any amount to be transferred then from the Capitalized Interest Account) to pay the principal and interest due and payable on the Principal or Interest Payment Date, and if a deficiency exists, will promptly notify the Authority of such fact. If on any Principal or Interest Payment Date following the required transfers from the Revenue Fund, the balance money on deposit in the Principal Account or the Interest Account is insufficient to pay the principal and interest due and payable on Outstanding Bonds, the Trustee will transfer the amount of the deficiency from the Debt Service Reserve Fund to the appropriate account in the Bond Fund.
(d) Prepayments shall be deposited into the 2022 Prepayment Subaccount and shall be applied to the special mandatory redemption of the 2022 Bonds pursuant to Section 4.3(a) hereof.
(e) Transfers from the Debt Service Reserve Fund pursuant to Section 7.5(c) hereof shall be deposited into the 2022 Prepayment Subaccount of the Redemption Account and shall be applied to the special mandatory redemption of the Series 2022 Bonds pursuant to Section 4.3(a) hereof.
(f) Interest received on and any profit realized from the investment of money in the Bond Fund will become a part of the account and subaccount in which the investment is held.
Appears in 1 contract
Sources: Trust Indenture