Common use of Description and Purpose of the Bonds Clause in Contracts

Description and Purpose of the Bonds. The Bonds shall be substantially in the form described in, shall be issued and secured under the provisions of, and shall be payable as provided in the Indenture, dated as of July 1, 2012, as amended and supplemented by the First Supplemental Indenture, dated as of July 1, 2013 (together, the “Master Indenture”), and the Second Supplemental Indenture, dated as of April 1, 2014 (the “Second Supplemental Indenture” and, together with the Master Indenture, the “Indenture”), by and between the Authority and Xxxxx Fargo Bank, N.A., as Trustee (the “Trustee”). The Bonds are subject to redemption as provided in Schedule I attached hereto and the Indenture. The Authority previously issued four series of bonds which are outstanding pursuant to the Master Indenture (together, the “Prior Bonds”). In connection therewith, the City leases to the Authority certain real property and all improvements thereon (the “Original Leased Property”) pursuant to the Site Lease, dated as of July 1, 2012, as amended by the First Amendment to Site Lease, dated as of July 1, 2013 (together, the “Master Site Lease”), by and between the City and the Authority. The Authority also leases certain real property (the “MTS Property”) from the San Diego Metropolitan Transit System (the “MTS”) pursuant to the MTS Site Lease, dated as of July 1, 2013 (the “MTS Site Lease”), by and between the Authority and the MTS. Pursuant to the Facilities Lease, dated as of July 1, 2012, as amended by the First Amendment to Facilities Lease, dated as of July 1, 2013 (together, the “Master Facilities Lease”), by and between the Authority and the City, the City subleases the Original Leased Property and the MTS Property from the Authority. The Bonds will be delivered as Additional Bonds (as defined in the Master Indenture) under the Indenture. In connection with the issuance of the Bonds, the City will enter into the Second Amendment to Site Lease, dated as of April 1, 2014 (the “Second Amendment to Site Lease” and, together with the Master Site Lease, the “Site Lease”), by and between the City and the Authority, pursuant to which the City will lease the Original Leased Property and certain other additional property and improvements thereon (collectively, the “City Property”) to the Authority. The City will lease the City Property and the MTS Property (collectively, the “Leased Property”) from the Authority pursuant to the Master Facilities Lease as amended by the Second Amendment to Facilities Lease, dated as of April 1, 2014 (the “Second Amendment to Facilities Lease” and, together with the Master Facilities Lease, the “Lease”), by and between the City and the Authority. The Bonds and the Prior Bonds are limited obligations of the Authority payable from and secured by Revenues held in the Revenue Fund (as defined in the Indenture) comprised primarily of all base rental payments made by the City pursuant to the Lease (the “Base Rental Payments”), prepayments, insurance proceeds and condemnation proceeds. The proceeds of the sale of the Bonds will be used for the purpose of enabling the Authority to provide funds to (i) assist the City in financing the costs of acquisition, design, construction, installation, improvement, replacement and equipping of certain capital improvement projects in various locations in the City, and (ii) pay certain costs of issuance associated with the Bonds.

Appears in 2 contracts

Samples: Bond Purchase Agreement, Bond Purchase Agreement

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Description and Purpose of the Bonds. The Bonds shall be substantially in have been authorized pursuant to FASTER and the form described inSupplemental Public Securities Act, C.R.S. title 11, article 57, part 2, as amended (the “Supplemental Securities Act” and together with FASTER, the “Act”) and resolution no. BE-24-[ ] adopted by the Enterprise Board on March 21, 2024 (the “Authorizing Resolution”). The Bonds shall be issued and secured under and pursuant to the provisions of, and shall be payable as provided in the Indenture, Master Trust Indenture dated as of July 1April [_], 2012, as amended and supplemented by the First Supplemental Indenture, dated as of July 1, 2013 2024 (together, the “Master Indenture”), and as supplemented by the Second 2024A Supplemental Indenture, Indenture dated as of April 1[_], 2014 2024 (the “Second 2024A Supplemental Indenture” and, and together with the Master Indenture, the “Indenture”), each by and between the Authority Enterprise and Xxxxx Fargo BankZions Bancorporation, N.A.National Association, as Trustee trustee (the “Trustee”). The Bonds are subject to redemption as provided in Schedule I attached hereto and the Indenture. The Authority previously issued four series of bonds which are outstanding pursuant to the Master Indenture (together, the “Prior Bonds”). In connection therewith, the City leases to the Authority certain real property and all improvements thereon (the “Original Leased Property”) pursuant to the Site Lease, dated as of July 1, 2012, as amended by the First Amendment to Site Lease, dated as of July 1, 2013 (together, the “Master Site Lease”), by and between the City and the Authority. The Authority also leases certain real property (the “MTS Property”) from the San Diego Metropolitan Transit System (the “MTS”) pursuant to the MTS Site Lease, dated as of July 1, 2013 (the “MTS Site Lease”), by and between the Authority and the MTS. Pursuant to the Facilities Lease, dated as of July 1, 2012, as amended by the First Amendment to Facilities Lease, dated as of July 1, 2013 (together, the “Master Facilities Lease”), by and between the Authority and the City, the City subleases the Original Leased Property and the MTS Property from the Authority. The Bonds will be delivered as Additional Bonds (as defined in the Master Indenture) under the Indenture. In connection with the issuance of the Bonds, the City will enter into the Second Amendment to Site Lease, dated as of April 1, 2014 (the “Second Amendment to Site Lease” and, together with the Master Site Lease, the “Site Lease”), by and between the City and the Authority, pursuant to which the City will lease the Original Leased Property and certain other additional property and improvements thereon (collectively, the “City Property”) to the Authority. The City will lease the City Property and the MTS Property (collectively, the “Leased Property”) from the Authority pursuant to the Master Facilities Lease as amended by the Second Amendment to Facilities Lease, dated as of April 1, 2014 (the “Second Amendment to Facilities Lease” and, together with the Master Facilities Lease, the “Lease”), by and between the City and the Authority. The Bonds and the Prior Bonds are limited obligations of the Authority payable from and secured by Revenues held in the Revenue Fund (as defined in the Indenture) comprised primarily of all base rental payments made by the City pursuant to the Lease (the “Base Rental Payments”), prepayments, insurance proceeds and condemnation proceeds. The proceeds of the sale of the Bonds will be used for the purpose of enabling the Authority to provide funds to (i) assist the City in financing finance the costs of acquisitioncertain Designated Bridge Projects in accordance with FASTER, design, construction, installation, improvement, replacement and equipping of certain capital improvement projects in various locations in the City, and (ii) pay certain costs of issuance associated with the Bonds [and (iii) purchase a municipal bond insurance policy for the Bonds]. The Bonds are special, limited obligations of the Enterprise payable solely from and secured by a pledge of and lien on the IRB Trust Estate, consisting primarily of IRB Revenues and certain other amounts deposited in the IRB General Account of the Bridge Special Fund created in the State treasury pursuant to FASTER. The IRB Revenues generally include, among other sources, (a) Bridge Surcharge remaining after the payment of debt service or amounts due on the following obligations (as defined in the Master Indenture, the “2010 Indenture Surplus Revenues”) issued under a Master Trust Indenture dated as of December 15, 2010 (the “2010 Master Indenture”) between the Enterprise and Xxxxx Fargo Bank, N.A., as trustee (as succeeded by Zions Bancorporation, National Association, the “2010 Trustee”), as amended and supplemented including by a supplemental trust indenture supplementing the 2010 Master Indenture dated as of [ ], 2024 (the “2010 Master Indenture Supplement” and together with the 2010 Master Indenture, the “2010 Indenture”): (i) the Colorado Bridge Enterprise Revenue Bonds, Senior Taxable Build America Series 2010A, (ii) the Colorado Bridge Enterprise Senior Revenue Refunding Bonds, Series 2019A, (iii) the Colorado Bridge Enterprise First Tier Subordinate Revenue Note (Central 70 Project); and (iv) additional bonds (the “2010 Indenture Refunding Bonds”) used to refund the foregoing obligations or any other 2010 Indenture Refunding Bonds in the future; and (b) subject to the satisfaction of the conditions set forth in the Indenture (the “Impact Fee Pledge Condition”), the Bridge and Tunnel Impact Fee; and (c) subject to the satisfaction of the conditions set forth in the Indenture (the “Retail Delivery Fee Pledge Condition”), the Bridge and Tunnel Retail Delivery Fee. As of the date of this Purchase Agreement, neither the Impact Fee Pledge Condition nor the Retail Delivery Fee Pledge Condition has been satisfied, and, therefore, neither the Bridge and Tunnel Impact Fee nor the Bridge and Tunnel Retail Delivery Fee are part of the IRB Trust Estate. The Bonds shall be dated the date of delivery, shall mature in the years, bear interest, be purchased at the prices and be subject to optional and mandatory redemption at the times and in the amounts, all as set forth in Schedule I attached hereto. The Authorized Denominations, Record Dates, Interest Payment Dates, Sinking Fund Payment Dates, and other details and particulars of the Bonds shall be as described in the Indenture and the Official Statement (as defined below) of the Enterprise. [The Enterprise has received a commitment from [name of the bond insurer] (the “Bond Insurer”) for the issuance of a Municipal Bond Insurance Policy (the “Policy”) guaranteeing the scheduled payment of principal and interest on the [$ principal amount of the] Bonds when due.]

Appears in 1 contract

Samples: Bond Purchase Agreement

Description and Purpose of the Bonds. The Bonds have been authorized pursuant to the Constitution and laws of the State and particularly the Act. The Bonds shall be substantially in dated the form described in, date of delivery. The Bonds shall be issued and secured under and pursuant to the provisions of, and shall be payable as provided in the Indenture, Indenture of Trust dated as of July 1, 2012, as amended and supplemented by the First Supplemental Indenture, dated as of July 1, 2013 2022 (together, the “Master Indenture”), and the Second Supplemental Indenture, dated as of April 1, 2014 (the “Second Supplemental Indenture” and, together with the Master Indenture, the “Indenture”), by and between the Authority Issuer and Xxxxx Fargo BankWilmington Trust, N.A.National Association, as Trustee trustee (the “Trustee”). The proceeds of the Bonds are subject will be loaned to redemption as provided in Schedule I attached hereto and the Indenture. The Authority previously issued four series of bonds which are outstanding Company pursuant to the Master Indenture (together, the “Prior Bonds”). In connection therewith, the City leases to the Authority certain real property a Loan and all improvements thereon (the “Original Leased Property”) pursuant to the Site Lease, Guaranty Agreement dated as of July 1, 2012, as amended by the First Amendment to Site Lease, dated 2022 and effective as of July 1, 2013 the Closing Date (together, the “Master Site Lease”), by and between the City and the Authority. The Authority also leases certain real property as defined below) (the “MTS PropertyLoan Agreement”) from the San Diego Metropolitan Transit System (the “MTS”) pursuant to the MTS Site Lease, dated as of July 1, 2013 (the “MTS Site Lease”), by and between among the Authority Company, certain subsidiaries of the Company, and the MTS. Pursuant to the Facilities Lease, dated as of July 1, 2012, as amended by the First Amendment to Facilities Lease, dated as of July 1, 2013 (together, the “Master Facilities Lease”), by and between the Authority and the City, the City subleases the Original Leased Property and the MTS Property from the Authority. The Bonds will be delivered as Additional Bonds (as defined in the Master Indenture) under the Indenture. In connection with the issuance of the Bonds, the City will enter into the Second Amendment to Site Lease, dated as of April 1, 2014 (the “Second Amendment to Site Lease” and, together with the Master Site Lease, the “Site Lease”), by and between the City and the Authority, pursuant to which the City will lease the Original Leased Property and certain other additional property and improvements thereon (collectively, the “City Property”) to the Authority. The City will lease the City Property and the MTS Property (collectively, the “Leased Property”) from the Authority pursuant to the Master Facilities Lease as amended by the Second Amendment to Facilities Lease, dated as of April 1, 2014 (the “Second Amendment to Facilities Lease” and, together with the Master Facilities Lease, the “Lease”), by and between the City and the Authority. The Bonds and the Prior Bonds are limited obligations of the Authority payable from and secured by Revenues held in the Revenue Fund (as defined in the Indenture) comprised primarily of all base rental payments made by the City pursuant to the Lease (the “Base Rental Payments”), prepayments, insurance proceeds and condemnation proceedsIssuer. The proceeds of the sale of the Bonds will be used for to finance the purpose acquisition, construction, and equipping of enabling solid waste disposal facilities, including wood fuel pellet manufacturing facilities to be located at 700 Xxxx xx Xxxx Xxxxxxx, Livingston, Alabama 35470 (the Authority “Project”), and (b) paying certain costs and expenses related to provide funds the issuance of the Bonds. The Bonds will be secured pursuant to the provisions of the Act and the Indenture. Contemporaneously herewith, (i) assist the City in financing Company has delivered to the costs of acquisitionUnderwriters and the Issuer the Representation and Indemnity Agreement, design, construction, installation, improvement, replacement and equipping of certain capital improvement projects in various locations substantially in the Cityform attached hereto as Appendix A (the “Indemnity Agreement”), signed by a duly authorized representative of the Company, requesting the issuance, sale and delivery of the Bonds on the terms and conditions set forth herein and in the hereinafter defined Official Statement. The Bonds shall mature in the years, bear interest, be purchased at the prices and be subject to optional and mandatory sinking fund redemption at the times and in the amounts, all as set forth in Schedule I attached hereto. The authorized denominations, payment dates, and (ii) pay certain costs other details and particulars of issuance associated with the BondsBonds shall be as described in the Indenture and the Official Statement.

Appears in 1 contract

Samples: Bond Purchase Agreement (Enviva Inc.)

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Description and Purpose of the Bonds. The Bonds have been authorized pursuant to Sections 7-53-101, et seq., Tennessee Code Annotated, as amended (the “Act”) and a resolution adopted by the Board of Directors (the “Directors”) of the Issuer on December 5, 2017 (the “Authorizing Resolution”). The Bonds shall be substantially in dated the form described in, date of delivery. The Bonds shall be issued and secured under the provisions of, and shall be payable as provided in the Indenturepursuant to an Indenture of Trust, dated as of July December 1, 2012, as amended and supplemented by the First Supplemental Indenture, dated as of July 1, 2013 2017 (together, the “Master Indenture”), and the Second Supplemental Indenture, dated as of April 1, 2014 (the “Second Supplemental Indenture” and, together with the Master Indenture, the “Indenture”), by and between the Authority Issuer and Xxxxx Fargo Bank, N.A.U.S. Bank National Association, as Trustee trustee (the “Trustee”). The Bonds are subject to redemption as provided , whereby the Issuer grants the Trustee a security interest in Schedule I attached hereto and certain “Pledged Revenues,” which include the Indenture. The Authority previously issued four series of bonds which are outstanding “Base Rentals” payable by the Municipality pursuant to the Master Indenture (together, the “Prior Bonds”). In connection therewith, the City leases to the Authority certain real property and all improvements thereon (the “Original Leased Property”) pursuant to the Site Leasea Lease Agreement, dated as of July December 1, 2012, as amended by the First Amendment to Site Lease, dated as of July 1, 2013 2017 (together, the “Master Site Lease”), by and between the City and the Authority. The Authority also leases certain real property (the “MTS Property”) from the San Diego Metropolitan Transit System (the “MTS”) pursuant to the MTS Site Lease, dated as of July 1, 2013 (the “MTS Site Lease”), by and between the Authority and the MTS. Pursuant to the Facilities Lease, dated as of July 1, 2012, as amended by the First Amendment to Facilities Lease, dated as of July 1, 2013 (together, the “Master Facilities Lease”), by and between the Authority and the City, the City subleases the Original Leased Property and the MTS Property from the Authority. The Bonds will be delivered as Additional Bonds (as defined in the Master Indenture) under the Indenture. In connection with the issuance of the Bonds, the City will enter into the Second Amendment to Site Lease, dated as of April 1, 2014 (the “Second Amendment to Site Lease” and, together with the Master Site Lease, the “Site Lease”), by and between the City and the Authority, pursuant to which the City will lease the Original Leased Property and certain other additional property and improvements thereon (collectively, the “City Property”) to the Authority. The City will lease the City Property and the MTS Property (collectively, the “Leased Property”) from the Authority pursuant to the Master Facilities Lease as amended by the Second Amendment to Facilities Lease, dated as of April 1, 2014 (the “Second Amendment to Facilities Lease” and, together with the Master Facilities Lease, the “Lease”), by and between the City Issuer and the AuthorityMunicipality. The Bonds and Municipality will pay amounts due under the Prior Bonds are limited obligations Lease from legally available funds of the Authority payable from and secured by Revenues held in Municipality including, without limitation, the Revenue Fund (as defined in the Indenture) comprised primarily proceeds of all base rental payments made a direct annual tax levied by the City Municipality pursuant to the Lease (authority provided by Section 7-53-311of the “Base Rental Payments”), prepayments, insurance proceeds and condemnation proceedsAct. The proceeds of the sale of the Bonds will be used for the purpose of enabling the Authority to provide funds to (i) assist acquire a parcel of land (the City in financing the costs of acquisition, design, construction, installation, improvement, replacement and equipping of certain capital improvement projects in various locations “Site”) in the CityMunicipality and a middle school located on the Site and to construct and equip a high school on the Site (such schools being referred to collectively as the “Projects”), and (ii) to pay certain costs of issuance associated with the Bonds. The Projects and the Site (collectively, the “Leased Property”) will be leased by the Issuer to the Municipality pursuant to the Lease and will be subleased from the Municipality to the Board of Education for the Lakeland School System (the “Lakeland School System”) pursuant to a Sublease Agreement, dated as of December 1, 2017 (the “Sublease”), between the Municipality and the Lakeland School System. Pursuant to an Interlocal Cooperation Agreement, dated as of December , 2017 (the “Interlocal Agreement”), by and among the Issuer, the Municipality and the Lakeland School System, the Lakeland School System is designated as agent of the Issuer for the purpose of overseeing and managing the development, acquisition, construction and equipping of the Projects. The portion of the proceeds of the sale of the Bonds used by the Issuer to acquire the Site and the middle school portion of the Projects will be deposited with U.S. Bank National Association, as agent (the “Escrow Agent”), under a Refunding Escrow Agreement, dated as of December 1, 2017 (the “Escrow Agreement”), between the Municipality and the Escrow Agent, and used by the Municipality to defease its outstanding General Obligation Capital Outlay Notes, Series 2015, dated September 16, 2015, maturing March 1, 2019 and thereafter (the “Notes”), the proceeds of which were used by the Municipality to finance the middle school. The Bonds will be secured under the provisions of the Act and the Indenture. The Bonds shall mature in the years, bear interest, be purchased at the prices and be subject to optional and mandatory redemption at the times and in the amounts, all as set forth in Schedule I attached hereto. The authorized denominations, record dates, interest payment dates, sinking fund payment dates, if any, and other details and particulars of the Bonds shall be as described in the Indenture and the Official Statement (as defined below) of the Issuer.

Appears in 1 contract

Samples: Bond Purchase Agreement

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