Common use of Execution and Delivery of Additional Certificates Clause in Contracts

Execution and Delivery of Additional Certificates. In addition to the Series 2022 Certificates, the County, the Corporation and the Trustee may by Supplemental Trust Agreement provide for the execution and delivery of Additional Certificates representing Base Rental Payments, and the Trustee may execute and deliver to or upon the Written Request of the Corporation, such Additional Certificates, in such principal amount as shall reflect the additional principal component of the Base Rental Payments, but only upon compliance by the County and the Corporation with the provisions of Section 3.05, and subject to the following specific conditions, which are hereby made conditions precedent to the execution and delivery of any such Additional Certificates: (a) the County and the Corporation shall not be in default under the Trust Agreement, any Supplemental Trust Agreement, the Site Lease or the Facilities Lease, (b) said Supplemental Trust Agreement shall provide, if necessary, that from such proceeds or other sources an amount shall be deposited in the Certificate Reserve Fund so that following such deposit there shall be on deposit in the Certificate Reserve Fund an amount at least equal to the Certificate Reserve Fund Requirement, (c) the Additional Certificates shall be payable as to principal on June 1 of each year in which principal components are due and shall be payable as to interest as specified in such Supplemental Trust Agreement or as provided herein, (d) the aggregate principal amount of Certificates executed and delivered and at any time Outstanding hereunder shall not exceed any limit imposed by law, by this Trust Agreement or by any Supplemental Trust Agreement, (e) the Facilities Lease shall have been amended, if necessary, so that the Base Rental Payments payable by the County thereunder shall equal the principal and interest represented by such Additional Certificates and all other Certificates to be Outstanding after such Additional Certificates are executed and delivered, payable at such times and in such manner as may be necessary to provide for the payment of the principal and interest represented by such Certificates, and (f) said Supplemental Trust Agreement shall provide for Certificate Payment Dates and for mandatory prepayments of Certificates in amounts sufficient to provide for payment of the Certificates when principal and interest components of Base Rental Payment are due.

Execution and Delivery of Additional Certificates. In addition to the Series 2022 2015 Certificates, the CountyCity, the Corporation and the Trustee may by execution of a Supplemental Trust Agreement without the consent of the Owners, provide for the execution and delivery of Additional Certificates representing additional Base Rental Payments, and the Trustee may execute and deliver to or upon the Written Request request of the CorporationCity, such Additional Certificates, in such principal amount as shall reflect the additional principal component components of the Base Rental PaymentsPayments and the proceeds of such Additional Certificates may be applied to any lawful purposes of the Corporation or the City, but such Additional Certificates may only be executed and delivered upon compliance by the County and the Corporation City with the provisions of Section 3.05, 2.12 hereof and subject to the following specific conditions, which are hereby made conditions precedent to the execution and delivery of any such Additional Certificates: (a) the County City and the Corporation shall not be in default under the Trust Agreement, any Supplemental Trust Agreement, the Site Lease or the Facilities Lease,Sublease; (b) said Supplemental Trust Agreement shall provide, if necessary, provide that from such proceeds or other sources an amount shall be deposited in the Certificate Reserve Fund so that following such deposit there shall be on deposit in the Certificate Reserve Fund an amount at least equal to the Certificate Reserve Fund Requirement,; (c) the Additional Certificates shall be payable as to principal on June December 1 of each year in which principal components are due and shall be payable as to interest as specified in such Supplemental Trust Agreement or as provided herein,on June 1 and December 1 of each year commencing after their date of execution and delivery; (d) the aggregate principal amount of Certificates executed and delivered and at any time Outstanding hereunder (including the 2015 Certificates and any Additional Certificates) or under any Supplemental Trust Agreement shall not exceed any limit imposed by law, by this Trust Agreement or by any Supplemental Trust Agreement,; (e) the Facilities Lease Sublease shall have been amended, if necessary, amended so that as to increase the Base Rental Payments payable by the County City thereunder shall by an aggregate amount equal to the principal and interest represented by such Additional Certificates and all other Certificates to be Outstanding after such Additional Certificates are executed and deliveredCertificates, payable at such times and in such manner as may be necessary to provide for the payment of the principal and interest represented by such Certificates; provided, however, that no such amendment shall be made such that the sum of Base Rental Payments, including any such amendment, plus Additional Rental shall be in excess of the fair rental value of the Leased Property after taking into account the use of the proceeds of any Additional Certificates executed and delivered in connection therewith (evidence of the satisfaction of this condition shall be made by a Certificate of the City); and (f) said Supplemental Trust Agreement shall provide for Certificate Principal Payment Dates and for and/or mandatory prepayments of Additional Certificates in amounts sufficient to provide for payment of the Additional Certificates when principal and interest components of Base Rental Payment Payments are due. Any Additional Certificates shall be on a parity with the Certificates and each Owner thereof shall have the same rights upon an Event of Default as the Owner of any other Certificates executed and delivered under this Trust Agreement, except as otherwise provided in the Supplemental Trust Agreement under which Additional Certificates are executed and delivered.

Execution and Delivery of Additional Certificates. In addition to the Certificates designated as Series 2022 Certificates2012, the CountyCity, the Corporation and the Trustee may by execution of a Supplemental Trust Agreement Agreement, without the consent of the Owners of any Certificates, provide for the execution and delivery of Additional Certificates representing Base Rental Payments, and the in one or more Series. The Trustee may execute and deliver to or upon the Written Request request of the Corporation, Corporation such Additional Certificates, in such principal amount amounts as shall reflect the additional principal component components of the Base Rental PaymentsLease Payments and the proceeds of such Additional Certificates may be applied to pay the costs of any additional project, but as specified in the Supplemental Trust Agreement. Such Additional Certificates may only be executed and delivered upon compliance by the County and the Corporation City with the provisions of Section 3.052.13 hereof, and subject to the following specific conditions, which are hereby made conditions precedent to the execution and delivery of any such Additional Certificates: (a) the County and the Corporation The City shall not be in default under the this Trust Agreement, Agreement or any Supplemental Trust Agreement, Agreement or under the Site Lease or the Facilities Lease,; (b) said Supplemental Trust Agreement shall provide, if necessary, that from such proceeds or other sources an amount shall be deposited in the Certificate Reserve Fund so that following such deposit there shall be on deposit in the Certificate Reserve Fund an amount at least equal to the Certificate Reserve Fund Requirement, (c) the Additional Certificates shall be payable as to principal on June 1 of each year in which principal components are due and shall be payable as to interest as specified in such Supplemental Trust Agreement or as provided herein, (d) the The aggregate principal amount of Certificates and any Additional Certificates executed and delivered and at any time Outstanding hereunder or under any Supplemental Trust Agreement shall not exceed any limit imposed by law, by this Trust Agreement or by any Supplemental Trust Agreement,; (ec) the Facilities The Lease shall have been amended, if necessary, amended so that as to increase the Base Rental Lease Payments payable by the County City thereunder shall by an aggregate amount equal to the principal and interest represented by such Additional Certificates and all other Certificates to be Outstanding after such Additional Certificates are executed and deliveredCertificates, payable at such times and in such manner as may be necessary to provide for the payment of the principal and interest represented by such Certificates; provided, andhowever, that no such amendment shall be made such that the sum of Lease Payments, including any additional Lease Payments required by such amendment, shall be in excess of the fair rental value of the Leased Premises after taking into account any amendment of the description of the Leased Premises in connection with the execution and delivery of Additional Certificates; (fd) said If the City holds fee title to the Leased Premises to be added, the Site Lease shall have been amended to take into account any amendment of the description of such Leased Premises in connection with the execution and delivery of Additional Certificates; (e) The Supplemental Trust Agreement shall provide for Certificate Payment Dates and for payment dates and/or mandatory prepayments of Additional Certificates in amounts sufficient to provide for payment of the Additional Certificates when principal and interest components of Base Rental Payment Lease Payments are duedue and shall provide for the creation of accounts and subaccounts, if any, within existing funds and accounts established hereunder which relate to the Series of Additional Certificates; and (f) The issuance of such Additional Certificates may not result in a reduction in the credit rating of any Certificates then Outstanding. Any Additional Certificates shall be on a parity with, and each Owner thereof shall have the same rights upon an event of default as the Owner of, any other Certificates executed and delivered under this Trust Agreement, except as otherwise provided in the Supplemental Trust Agreement under which Additional Certificates are executed and delivered.

Execution and Delivery of Additional Certificates. In addition to the Series 2022 2006 Certificates, the CountyCity, the Corporation and the Trustee may by execution of a Supplemental Trust Agreement without the consent of the Owners, provide for the execution and delivery of Additional Certificates representing additional Base Rental Payments, and the Trustee may execute and deliver to or upon the Written Request request of the CorporationCity, such Additional Certificates, in such principal amount as shall reflect the additional principal component components of the Base Rental PaymentsPayments and the proceeds of such Additional Certificates may be applied to any lawful purposes of the Corporation or the City, but such Additional Certificates may only be executed and delivered upon compliance by the County and the Corporation City with the provisions of Section 3.05, 2.12 hereof and subject to the following specific conditions, which are hereby made conditions precedent to the execution and delivery of any such Additional Certificates: (a) the County The City and the Corporation shall not be in default under the Trust Agreement, any Supplemental Trust Agreement, the Site Lease or the Facilities Lease,Sublease; (b) said Said Supplemental Trust Agreement shall provide, if necessary, provide that from such proceeds or other sources an amount shall be deposited in the Certificate Reserve Fund so that following such deposit there shall be on deposit in the Certificate Reserve Fund an amount at least equal to the Certificate Reserve Fund Requirement,; (c) the The Additional Certificates shall be payable as to principal on June December 1 of each year in which principal components are due and shall be payable as to interest as specified in such Supplemental Trust Agreement or as provided herein,on June 1 and December 1 of each year commencing after their date of execution and delivery; (d) the The aggregate principal amount of Certificates executed and delivered and at any time Outstanding hereunder (including the 2006 Certificates and any Additional Certificates) or under any Supplemental Trust Agreement shall not exceed any limit imposed by law, by this Trust Agreement or by any Supplemental Trust Agreement,; (e) the Facilities Lease The Sublease shall have been amended, if necessary, amended so that as to increase the Base Rental Payments payable by the County City thereunder shall by an aggregate amount equal to the principal and interest represented by such Additional Certificates and all other Certificates to be Outstanding after such Additional Certificates are executed and deliveredCertificates, payable at such times and in such manner as may be necessary to provide for the payment of the principal and interest represented by such Certificates; provided, however, that no such amendment shall be made such that the sum of Base Rental Payments, including any such amendment, plus Additional Rental shall be in excess of the fair rental value of the Leased Property after taking into account the use of the proceeds of any Additional Certificates executed and delivered in connection therewith (evidence of the satisfaction of this condition shall be made by a Certificate of the City); and (f) said Said Supplemental Trust Agreement shall provide for Certificate Principal Payment Dates and for and/or mandatory prepayments of Additional Certificates in amounts sufficient to provide for payment of the Additional Certificates when principal and interest components of Base Rental Payment Payments are due. Any Additional Certificates shall be on a parity with the Certificates and each Owner thereof shall have the same rights upon an Event of Default as the Owner of any other Certificates executed and delivered under this Trust Agreement, except as otherwise provided in the Supplemental Trust Agreement under which Additional Certificates are executed and delivered.

Execution and Delivery of Additional Certificates. In addition So long as the Lease Term shall remain in effect and no Event of Nonappropriation or Event of Default shall have occurred and be continuing, one or more issues of Additional Certificates may be executed and delivered upon the terms and conditions provided herein. The maturity dates, Interest Payment Dates and the times and amounts of payment of Additional Certificates shall be as provided in the supplemental indenture and amendment to the Series 2022 Lease entered into in connection therewith. Additional Certificates may be executed and delivered only to provide funds to pay the costs of refunding all or any portion of the Outstanding Certificates. Additional Certificates may be executed and delivered only upon there being furnished to the Trustee: (a) Originally executed counterparts of a supplemental indenture and an amendment to the Lease adopted in accordance with the requirements of Article IX hereof, expressly providing that, for all the purposes hereof, the Certificates shall mean and include the Additional Certificates being executed and delivered as well as any Certificates and Additional Certificates theretofore executed and delivered, except that the series description of the Additional Certificates, the Countydate or dates of the Additional Certificates, the Corporation maturity dates and interest payment dates for the Additional Certificates, the rate or rates of interest on the Additional Certificates, and provisions for the redemption thereof, if any, all as may be provided in the supplemental indenture and amendment to the Lease rather than as provided in this Indenture; and further providing for an amendment of the Base Rentals required or authorized to be paid to the Trustee may by Supplemental Trust Agreement provide for under the Lease and under Exhibit B to the Lease to reflect the execution and delivery of the Additional Certificates representing and the refunding of all or a portion of the then Outstanding Certificates. (b) A written opinion of Special Counsel to the effect that the execution and delivery of the Additional Certificates have been duly authorized, that all conditions precedent to the delivery thereof have been fulfilled, that the execution and delivery of the Additional Certificates will not adversely affect the exclusion from gross income for federal income tax purposes of the portion of Base Rental PaymentsRentals which is designated in the Lease and paid by the District as interest on the 2023 Certificates or other tax-exempt Additional Certificate hereafter executed and delivered, and that the Trustee may execute sale, execution and deliver to or upon the Written Request delivery of the CorporationAdditional Certificates will not constitute a default under the Lease or this Indenture nor cause any violation of the covenants or representations therein or herein. (c) If the Additional Certificates are to be secured by a reserve fund, proceeds of such Additional Certificates or other legally available funds of the District for d eposit into such reserve fund, or other substitution for the cash deposit as described in the ordinance or indenture authorizing the execution and delivery of such Additional Certificates, in such principal amount as shall reflect the additional principal component of the Base Rental Payments, but only upon compliance by the County and the Corporation with the provisions of Section 3.05, and subject to the following specific conditions, which are hereby made conditions precedent to the execution and delivery of any such Additional Certificates: (a) the County and the Corporation shall not be in default under the Trust Agreement, any Supplemental Trust Agreement, the Site Lease or the Facilities Lease, (b) said Supplemental Trust Agreement shall provide, if necessary, that from such proceeds or other sources an amount shall be deposited in to fund the Certificate Reserve Fund so that following such deposit there shall be on deposit in the Certificate Reserve Fund an amount at least equal to the Certificate Reserve Fund Requirement, (c) the Additional Certificates shall be payable as to principal on June 1 of each year in which principal components are due and shall be payable as to interest as specified in such Supplemental Trust Agreement or as provided herein,applicable reserve fund requirement. (d) A written order to the aggregate principal amount Trustee by the District to deliver the Additional Certificates to the purchaser or purchasers therein identified upon payment to the Trustee of a specified sum plus accrued interest, if any. Each of the Additional Certificates executed and delivered and at any time Outstanding hereunder pursuant to this Section 2.14 shall not exceed any limit imposed by lawevidence an assignment of a proportionate interest in rights to receive Lease Revenues under the Lease, by this Trust Agreement or by any Supplemental Trust Agreement, (e) the Facilities Lease shall have been as amended, if necessary, so that proportionately and ratably secured with the Base Rental Payments payable by the County thereunder shall equal the principal Certificates originally executed and interest represented by such Additional Certificates delivered and all other issues of Additional Certificates, if any, executed and delivered pursuant to this Section 2.14, without preference, priority or distinction of any Certificates to be Outstanding after such or Additional Certificates are executed and delivered, payable at such times and in such manner as may be necessary to provide for the payment of the principal and interest represented by such Certificates, and (f) said Supplemental Trust Agreement shall provide for Certificate Payment Dates and for mandatory prepayments of Certificates in amounts sufficient to provide for payment of the Certificates when principal and interest components of Base Rental Payment are dueover any other.