Common use of Bond Purchase Fund Clause in Contracts

Bond Purchase Fund. (a) There is hereby established a special trust fund in the name of the Issuer which shall be designated the "Industrial Development Revenue Bonds (Color Image, Inc. Project) Bond Purchase Fund, Series 1999". The Bond Purchase Fund shall contain three accounts: (i) the "Letter of Credit Account," (ii) the "Remarketing Proceeds Account" and (iii) the "General Account." The Trustee shall be the custodian for the Bond Purchase Fund, and money in such Fund may be disbursed by the Trustee as hereinafter provided. The money in the Bond Purchase Fund shall be used (i) to pay the purchase price of Bonds due on any Tender Date or (ii) to reimburse the Credit Obligor for amounts drawn under the Letter of Credit, as provided in subsection (c) of this Section. (b) There shall be deposited in the Bond Purchase Fund, as and when received: (1) in the manner provided in subsection 8.02(c), all money drawn by the Trustee under the Letter of Credit for the purpose of paying the purchase price of Bonds due on any Tender Date, which shall be deposited in the Letter of Credit Account, (2) the proceeds of any remarketing of Bonds by the Remarketing Agent, shall be deposited in the Remarketing Proceeds Account, (3) all other money required to be deposited in the Bond Purchase Fund pursuant to the Loan Agreement or this Indenture, which shall be deposited in the General Account, and (4) all other money received by the Trustee when accompanied by directions that such money is to be deposited in the Bond Purchase Fund, which shall be deposited in the General Account. (c) If the Letter of Credit is then in effect, on each Tender Date, the Trustee shall, without making any prior claim or demand upon the Users for Basic Payments with respect to the purchase price of Tendered bonds, and without taking into account any proceeds anticipated (but not then received) from the remarketing of Bonds by the Remarketing Agent, submit a draft under the Letter of Credit in accordance with the terms thereof(i) in an amount equal to the purchase price of all Bonds to be purchased on such Tender Date and (ii) by such time (as stated in the Letter of Credit) in advance as shall enable the Trustee to pay said purchase price from the proceeds of such draft on said Tender Date in accordance with the provisions of this Indenture with respect thereto. Any such money drawn under the Letter of Credit shall be deposited and held in the Letter of Credit Account, which is a separate, segregated account in the Bond Purchase Fund and shall not be commingled with other money in the Bond Purchase Fund and no investment thereof shall be made. Any such money derived from proceeds of remarketing of the Bonds by the Remarketing Agent shall be deposited and held in the Remarketing Proceeds Account, which shall be a separate, segregated account in the Bond Purchase Fund, and shall not be commingled with other money in the Bond Purchase Fund and no investment thereof shall be made. If money from any source other than the Letter of Credit was, at the time of such draw, on deposit in the Bond Purchase Fund and available for the payment of such purchase price, the Trustee shall nevertheless draw under the Letter of Credit to make the payment of such purchase price in the amount of such purchase price to be so paid, and any money available in the Bond Purchase Fund on such Tender Date from such other sources (including without limitation, proceeds of remarketing of Bonds) shall, to the extent of the amount paid by the Credit Obligor against such draw, be paid to the Credit Obligor. If proceeds from the remarketing of Bonds are deposited in the Bond Purchase Fund after such Tender Date, the Trustee shall pay such proceeds to the Credit Obligor. (d) The Trustee is hereby authorized and directed to withdraw sufficient money from the Bond Purchase Fund to pay the purchase price of Bonds due on any Tender Date. Funds for such payments shall be derived from the following sources indicated above. (e) Anything in this Indenture to the contrary notwithstanding, the Trustee shall not purchase any Bonds under Section 4.06 with proceeds received from remarketing of Bonds to the Users, the Issuer or any Affiliate of either thereof.

Bond Purchase Fund. (aPursuant to Section 4.02(d) There is hereby established a special trust fund in the name of the Issuer which shall be designated Participation Agreement, the "Industrial Development Revenue Bonds (Color ImageCompany has agreed that the Company shall, Inc. Project) Bond Purchase Fundto the extent not paid from a draw or payment under a Liquidity Facility, Series 1999". The Bond Purchase Fund shall contain three accounts: (i) the "Letter of Credit Account," (ii) the "Remarketing Proceeds Account" and (iii) the "General Account." The Trustee shall be the custodian for the Bond Purchase Fund, and money in such Fund may be disbursed by pay an amount to the Trustee as hereinafter provided. The money for payment to, or directly to, the Registrar and Paying Agent for deposit in the Bond Purchase Fund shall be used (i) and credit to pay the purchase price of Bonds due on any Tender Date or (ii) to reimburse the Credit Obligor for amounts drawn Company Account therein established under the Letter Bond Purchase Trust Agreement to be applied to the payment of Credit, as the Purchase Price of any Bond pursuant to the Bond Purchase Trust Agreement to the extent not otherwise provided in subsection (c) of this Section. (b) There shall be deposited from the sources described in the Bond Purchase FundTrust Agreement. In the event sufficient funds are not available under Section 2.03(a)(i) of the Bond Purchase Trust Agreement to pay such Purchase Price on the date of purchase of any Bonds pursuant to Section 5.03, as 5.04, 5.08 or 5.09 hereof, the Registrar and when received: (1) Paying Agent on or prior to the time specified in the manner provided in subsection 8.02(c), all money drawn by Bond Purchase Trust Agreement direct the Trustee to request a draw or payment under the Letter of Credit for Liquidity Facility in accordance with the purpose of paying the purchase price of Bonds due on any Tender Date, which shall be deposited terms thereof in the Letter amount required, together with amounts, if any, available under Section 2.03(a)(i) of Credit Account, (2) the Bond Purchase Trust Agreement, to pay the Purchase Price of such Bonds on such date of purchase. The Trustee shall on or prior to the time specified in the Bond Purchase Trust Agreement request such draw or payment under the Liquidity Facility in accordance with the terms thereof and shall on or prior to the time specified in the Bond Purchase Trust Agreement transfer the proceeds of any remarketing of Bonds by such draw or payment to the Remarketing Registrar and Paying Agent, who shall be deposited in cause the Remarketing Proceeds Account, (3) all other money required proceeds of such draw or payment to be deposited in the Bond Purchase Fund pursuant to the Loan Agreement or this Indenture, which shall be deposited in the General Account, and (4) all other money received by the Trustee when accompanied by directions that such money is to be deposited in under the Bond Purchase FundTrust Agreement and credited to the Liquidity Facility Proceeds Account therein. The Registrar and Paying Agent shall notify the Company of the amount and date of such request. The Remarketing Agent shall notify the Registrar and Paying Agent and the Trustee, which at or prior to 11:15 a.m. (New York City time) on a specified purchase date, of the amount of the proceeds of the related remarketing, and shall be deposited in specify whether remarketing proceeds (excluding any such proceeds from the General Account. (c) If the Letter of Credit is then in effect, on each Tender DateCompany, the Trustee shall, without making any prior claim Authority or demand upon the Users for Basic Payments with respect to the purchase price an affiliate of Tendered bonds, and without taking into account any proceeds anticipated (but not then receivedeither) from the remarketing of Bonds by the Remarketing Agent, submit a draft under the Letter of Credit in accordance with the terms thereof(i) in an amount equal to the purchase price full amount of all Bonds to be purchased the Purchase Price payable on such Tender Date and (ii) by such time (as stated in the Letter of Credit) in advance as shall enable the Trustee to pay said purchase price from the proceeds of such draft on said Tender Date in accordance with the provisions of this Indenture with respect thereto. Any such money drawn under the Letter of Credit shall be deposited and date are held in the Letter of Credit Account, which is a separate, segregated account in the Bond Purchase Fund and shall not be commingled with other money in the Bond Purchase Fund and no investment thereof shall be made. Any such money derived from proceeds of remarketing of the Bonds by the Remarketing Agent shall and will be deposited and held in available on such purchase date for the Remarketing Proceeds Accountpayment of such Purchase Price, which shall and, if the amount of such remarketing proceeds that will be a separate, segregated account in available on such purchase date for the Bond payment of such Purchase Fund, and Price shall not be commingled with other money in equal to the Bond full amount of the Purchase Fund Price payable on such purchase date, such notice shall specify the amount of the deficiency. By 11:45 a.m. (New York City time) on such purchase date, the Remarketing Agent shall pay to the Registrar and no investment thereof shall be made. If money from any source other than the Letter of Credit wasPaying Agent, at the time of such draw, on for deposit in the Bond Purchase Fund and credit to the Remarketing Proceeds Account, an aggregate amount of such remarketing proceeds equal to the amount stated in such notice to be available on such purchase date for the payment of such purchase price, the Trustee shall nevertheless draw under the Letter of Credit to make the payment of such purchase price in the amount of such purchase price to be so paid, and any money available in the Bond Purchase Fund on such Tender Date from such other sources (including without limitation, proceeds of remarketing of Bonds) shall, to the extent of the amount paid by the Credit Obligor against such draw, be paid to the Credit Obligor. If proceeds from the remarketing of Bonds are deposited in the Bond Purchase Fund after such Tender Date, the Trustee shall pay such proceeds to the Credit ObligorPrice. (d) The Trustee is hereby authorized and directed to withdraw sufficient money from the Bond Purchase Fund to pay the purchase price of Bonds due on any Tender Date. Funds for such payments shall be derived from the following sources indicated above. (e) Anything in this Indenture to the contrary notwithstanding, the Trustee shall not purchase any Bonds under Section 4.06 with proceeds received from remarketing of Bonds to the Users, the Issuer or any Affiliate of either thereof.

Bond Purchase Fund. (a) There is hereby established a special trust fund in the name of the Issuer which shall be designated the "“Industrial Development Revenue Bonds (Color ImageAmeron International Corporation Project), Inc. Project) Series 2001 Bond Purchase Fund, Series 1999". The Bond Purchase Fund shall contain three accounts: (i) the "Letter of Credit Account," (ii) the "Remarketing Proceeds Account" and (iii) the "General Account." ” The Trustee shall be the depository, custodian and disbursing agent for the Bond Purchase Fund, and money in such Fund may be disbursed by the Trustee as hereinafter provided. The money in the Bond Purchase Fund shall be used (i) to pay the purchase price of Bonds due on any Tender Date or (ii) to reimburse the Credit Obligor for amounts drawn under the Letter of Credit, as provided in subsection (c) of this Section. (b) There shall be deposited in the Bond Purchase Fund, as and when received: (1) in the manner provided in subsection 8.02(c), all money drawn by the Trustee under the Letter of Credit for the purpose of paying the purchase price of Bonds due on any Tender Date, which shall be deposited in the Letter of Credit Account, (2) all Additional Rental Payments under the Lease Agreement with respect to the purchase price of tendered Bonds, (3) the proceeds of any remarketing of Bonds by the Remarketing Agent, shall be deposited in the Remarketing Proceeds Account, (34) all other money required to be deposited in the Bond Purchase Fund pursuant to the Loan Lease Agreement or this Indenture, which shall be deposited in the General Account, and (45) all other money received by the Trustee when accompanied by directions that such money is to be deposited in the Bond Purchase Fund, which shall be deposited in the General Account. (c) If the Letter of Credit is then in effect, on each Tender Date, the Trustee shall, without making any prior claim or demand upon the Users for Basic Payments with respect Subject to the purchase price of Tendered bonds, and without taking into account any proceeds anticipated (but not then received) from the remarketing of Bonds by the Remarketing Agent, submit a draft under the Letter of Credit in accordance with the terms thereof(i) in an amount equal to the purchase price of all Bonds to be purchased on such Tender Date and (ii) by such time (as stated in the Letter of Credit) in advance as shall enable the Trustee to pay said purchase price from the proceeds of such draft on said Tender Date in accordance with the provisions of this Indenture with respect thereto. Any such money drawn under the Letter of Credit shall be deposited and held in the Letter of Credit Account, which is a separate, segregated account in the Bond Purchase Fund and shall not be commingled with other money in the Bond Purchase Fund and no investment thereof shall be made. Any such money derived from proceeds of remarketing of the Bonds by the Remarketing Agent shall be deposited and held in the Remarketing Proceeds Account, which shall be a separate, segregated account in the Bond Purchase Fund, and shall not be commingled with other money in the Bond Purchase Fund and no investment thereof shall be made. If money from any source other than the Letter of Credit was, at the time of such draw, on deposit in the Bond Purchase Fund and available for the payment of such purchase price, the Trustee shall nevertheless draw under the Letter of Credit to make the payment of such purchase price in the amount of such purchase price to be so paid, and any money available in the Bond Purchase Fund on such Tender Date from such other sources (including without limitation, proceeds of remarketing of Bonds) shall, to the extent of the amount paid by the Credit Obligor against such draw, be paid to the Credit Obligor. If proceeds from the remarketing of Bonds are deposited in the Bond Purchase Fund after such Tender Date, the Trustee shall pay such proceeds to the Credit Obligor. subsections (d) The and (e) of this Section, the Trustee is hereby authorized and directed to withdraw sufficient money from the Bond Purchase Fund to pay the purchase price of Bonds due on any Tender Date. . (d) Funds for such payments the payment of the purchase price of Bonds other than Obligor Bonds shall be derived from the following sources indicated abovein the order of priority indicated: (1) First, Eligible Remarketing Proceeds. (2) Second, money drawn under the Letter of Credit. (3) Third (but only if the Letter of Credit is no longer in effect, or Eligible Remarketing Proceeds and money drawn, or available for drawing, under the Letter of Credit are not sufficient for such payment, or the related draw on the Letter of Credit is not honored), any other money on deposit in the Bond Purchase Fund. One hour prior to the latest time that a draw may be made under the Letter of Credit for payment of funds by the Bank to the Trustee on a Tender Date, the Trustee shall determine the amount of Eligible Remarketing Proceeds already on deposit in the Bond Purchase Fund. After such determination (or if such determination cannot be made) the Trustee shall draw on the Letter of Credit in accordance with its terms for payment by the Bank to the Trustee on such Tender Date of the amount (if any) by which (i) the purchase price due on such Tender Date with respect to Bonds other than Obligor Bonds exceeds (ii) the Eligible Remarketing Proceeds determined to be on deposit in the Bond Purchase Fund. Any money so drawn under the Letter of Credit shall be deposited and held in a separate, segregated account in the Bond Purchase Fund and shall not be commingled with other money in the Bond Purchase Fund. Such money shall be used only to pay the purchase price of Bonds other than Obligor Bonds. (e) Anything On each Tender Date money in this Indenture to the contrary notwithstandingBond Purchase Fund from any source other than the Letter of Credit remaining after payment of the purchase price of Bonds other than Obligor Bonds shall be applied by the Trustee for the following purposes in the order of priority indicated: (1) First, the Trustee shall not reimburse the Bank, prior to the close of business on such Tender Date, for the amount drawn under the Letter of Credit for payment of the purchase any Bonds under Section 4.06 with proceeds received from remarketing price of Bonds other than Obligor Bonds. (2) Second, the Trustee shall pay to the UsersBank the purchase price due on such Tender Date on Pledged Bonds and shall reimburse the Bank for all other amounts, if any, certified by the Issuer or any Affiliate Bank as due to it, but unpaid, under the terms of either thereofthe Credit Agreement.