Common use of Conditions to the Issuance of All Additional Bonds Clause in Contracts

Conditions to the Issuance of All Additional Bonds. No Additional Bonds may be issued hereunder if at the time there is an Event of Default or an Event of Nonappropriation unless upon the issuance of such Additional Bonds, no other Bonds will be Outstanding hereunder. Prior to issuing any Additional Bonds, there shall have been executed and delivered (i) a Supplemental Agreement authorizing such Additional Bonds and prescribing the terms and details thereof and the purposes for the issuance of such Additional Bonds; (ii) a supplement to the Facilities Agreement providing for Acquisition Payments thereunder sufficient to provide for the payment of the Additional Bonds, and extending the term of the Facilities Agreement, if needed, to the final maturity of such Additional Bonds; and (iii) a supplement to the Sub-Base Lease, if needed, extending the term thereof by the same amount of time as any extension to the term of the Facilities Agreement, and making any changes required if there is Additional Real Property. There shall also be provided to the Trustee certified copies of resolutions adopted by the Corporation and ordinances enacted by the County authorizing the issuance of the Additional Bonds and the execution and delivery of the documents to which each is a party. No Additional Bonds shall be issued hereunder unless the Trustee receives an opinion of Bond Counsel to the effect that the issuance of such Additional Bonds, the modifications to the Trust Agreement, the Facilities Agreement and the Sub-Base Lease and the application of the proceeds of the Additional Bonds as envisioned thereby are authorized and permitted under this Trust Agreement and shall not adversely affect the Federal income tax treatment of interest payments received or to be received by owners of the Series 2020 Bonds.

Conditions to the Issuance of All Additional Bonds. Prior to issuing any Additional Bonds, there shall have been executed and delivered: (i) a Supplemental Agreement authorizing such Additional Bonds and prescribing the terms and details thereof and the purposes for the issuance of such Additional Bonds; (ii) an amendment or supplement to the Purchase and Use Agreement modifying the existing schedule of Installment Payments due thereunder or otherwise providing for Installment Payments thereunder sufficient to provide for the payment of the Additional Bonds, extending the term of the Purchase and Use Agreement, if needed, to the final maturity of such Additional Bonds, making any changes required to make Additional Real Property subject thereto and supplementing Exhibits B and E thereto to provide for the Additional Facilities; (iii) an amendment or supplement to the Base Lease extending the term thereof by at least the same amount of time as any extension to the term of the Purchase and Use Agreement, and making any changes required to make Additional Real Property subject thereto; and (iv) a Favorable Opinion of Bond Counsel. There shall also be provided to the Trustee certified copies of resolutions adopted by the Board of Directors of the Corporation and an ordinance enacted by the Council authorizing the issuance of the Additional Bonds and the execution and delivery of the documents to which each is a party. No Additional Bonds may be issued hereunder if at the time there is an Event of Default or an Event of Nonappropriation unless upon the issuance of such Additional Bonds, no other Bonds will be Outstanding hereunder. Prior to issuing any Additional Bonds, there shall have been executed and delivered (i) a Supplemental Agreement authorizing such Additional Bonds and prescribing the terms and details thereof and the purposes for the issuance of such Additional Bonds; (ii) a supplement to the Facilities Agreement providing for Acquisition Payments thereunder sufficient to provide for the payment of the Additional Bonds, and extending the term of the Facilities Agreement, if needed, to the final maturity of such Additional Bonds; and (iii) a supplement to the Sub-Base Lease, if needed, extending the term thereof by the same amount of time as any extension to the term of the Facilities Agreement, and making any changes required if there is Additional Real Property. There shall also be provided to the Trustee certified copies of resolutions adopted by the Corporation and ordinances enacted by the County authorizing the issuance of the Additional Bonds and the execution and delivery of the documents to which each is a party. No Additional Bonds shall be issued hereunder unless the Trustee receives an opinion of Bond Counsel to the effect that the issuance of such Additional Bonds, the modifications to the Trust Agreement, the Facilities Agreement and the Sub-Base Lease and the application of the proceeds of the Additional Bonds as envisioned thereby are authorized and permitted under this Trust Agreement and shall not adversely affect the Federal income tax treatment of interest payments received or to be received by owners of the Series 2020 Bonds.

Conditions to the Issuance of All Additional Bonds. No Additional Bonds may be issued hereunder if at the time there is an Event of Default or an Event of Nonappropriation unless upon the issuance of such Additional Bonds, no other Bonds will be Outstanding hereunder. Prior to issuing any Additional Bonds, there shall have been executed and delivered (i) a Supplemental Agreement authorizing such Additional Bonds and prescribing the terms and details thereof and the purposes for the issuance of such Additional Bonds; (ii) a supplement to the Facilities Agreement providing for Acquisition Payments thereunder sufficient to provide for the payment of the Additional Bonds, and extending the term of the Facilities Agreement, if needed, to the final maturity of such Additional Bonds; and (iii) a supplement to the Sub-Base Lease, if needed, Lease extending the term thereof by the same amount of time as any extension to the term of the Facilities Agreement, and making any changes required if there is Additional Real Property. There shall also be provided to the Trustee certified copies of resolutions adopted by the Corporation and ordinances enacted by the County City authorizing the issuance of the Additional Bonds and the execution and delivery of the documents to which each is a party. No Additional Bonds shall be issued hereunder unless the Trustee receives an opinion of Bond Counsel to the effect that the issuance of such Additional Bonds, the modifications to the Trust Agreement, the Facilities Agreement and the Sub-Base Lease and the application of the proceeds of the Additional Bonds as envisioned thereby are authorized and permitted under this Trust Agreement and shall not adversely affect the Federal income tax treatment of interest payments received or to be received by owners of the Series 2020 BondsAgreement.

Conditions to the Issuance of All Additional Bonds. No Additional Bonds may be issued hereunder if at the time there is an Event of Default or an Event of Nonappropriation unless upon the issuance of such Additional Bonds, no other Bonds will be Outstanding hereunder. Prior to issuing any Additional Bonds, there shall have been executed and delivered (i) a Supplemental Agreement authorizing such Additional Bonds and prescribing the terms and details thereof and the purposes for the issuance of such Additional Bonds; (ii) a supplement to the Facilities Agreement providing for Acquisition Payments thereunder sufficient to provide for the payment of the Additional Bonds, and extending the term of the Facilities Agreement, if needed, to the final maturity of such Additional Bonds; and (iii) a supplement to the Sub-Base Lease, if needed, Lease extending the term thereof by the same amount of time as any extension to the term of the Facilities Agreement, and making any changes required if there is Additional additional Real Property. There shall also be provided to the Trustee Purchaser, or the trustee if the Purchaser is not the holder of the Additional Bonds, certified copies of resolutions resolution adopted by the Corporation and ordinances the ordinance enacted by the County City authorizing the issuance of the Additional Bonds and the execution and delivery of the documents to which each is a party. No Additional Bonds shall be issued hereunder unless the Trustee Purchaser, or the trustee if the Purchaser is not the holder of the Additional Bonds, receives an opinion of Bond Counsel to the effect that the issuance of such Additional Bonds, the modifications to the Trust AgreementIndenture, the Facilities Agreement and the Sub-Base Lease and the application of the proceeds of the Additional Bonds as envisioned thereby are authorized and permitted under this Trust Agreement Indenture and shall not adversely affect the Federal income tax treatment of interest payments received or to be received by owners of the Series 2020 Bonds2018 Bond.