Common use of Funding From Additional Bonds Clause in Contracts

Funding From Additional Bonds. The Company may request that the Issuer deliver Additional Bonds from time to time to finance Project costs necessary to complete the Project, as provided herein and in Section 2.15 of the Indenture: (i) the Company must contact (in writing) the Underwriter and the Credit Provider, if any, at least 30 days prior to the desired date of issuance to request the issuance of such Additional Bonds and to request, if such Additional Bonds are to be supported by a Letter of Credit, a corresponding increase in the Stated Amount of the Letter of Credit or a new Letter of Credit to enhance such Additional Bonds and the Credit Provider shall agree to so increase the Stated Amount or issue a new Letter of Credit, as the case may be; (ii) the Company must deliver to the Issuer a Designation of Bonds (in substantially the same form as is attached as Exhibit D to the Indenture), executed by the Company, the Credit Provider and the Underwriter, designating the amount of Additional Bonds to be issued and the date of such issuance; and (iii) Additional Bonds may be issued only in Authorized Denominations. In the event that the Company requests that the Issuer deliver Additional Bonds, and such request is made in compliance with this Section 3.6, the Issuer shall forthwith deliver such Additional Bonds as requested by the Company. In order for the Trustee to authenticate and deliver Additional Bonds, the requirements of Section 2.15 of the Indenture must be satisfied. Proceeds of the sale of Additional Bonds shall be deposited in the Project Fund and, if applicable, the Costs of Issuance Fund, and requisitions shall be made for Costs of the Project and, if applicable, the Costs of Issuance, as set forth in Section 3.2 above.

Appears in 2 contracts

Samples: Loan Agreement (Casella Waste Systems Inc), Loan Agreement (Casella Waste Systems Inc)

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Funding From Additional Bonds. The Company may request that the Issuer deliver Additional Bonds from time to time to finance Project costs necessary to complete the Project, as provided herein and in Section 2.15 2.14 of the Indenture: (i) the Company must contact (in writing) the Underwriter and the Credit Provider, if any, at least 30 days prior to the desired date of issuance to request the issuance of such Additional Bonds and to request, if such Additional Bonds are to be supported by a Letter of Credit, a corresponding increase in the Stated Amount of the Letter of Credit or a new Letter of Credit to enhance such Additional Bonds and the Credit Provider shall agree to so increase the Stated Amount or issue a new Letter of Credit, as the case may be; (ii) the Company must deliver to the Issuer a Designation of Bonds (in substantially the same form as is attached as Exhibit D to the Indenture), executed by the Company, the Credit Provider Bank and the Underwriter, designating the amount of Additional Bonds to be issued and the date of such issuance; and (iii) Additional Bonds may be issued only in Authorized Denominations. In the event that the Company requests that the Issuer deliver Additional Bonds, and such request is made in compliance with this Section 3.6, the Issuer shall forthwith deliver such Additional Bonds as requested by the Company. In order for the Trustee to authenticate and deliver Additional Bonds, the requirements of Section 2.15 2.14 of the Indenture must be satisfied. Proceeds of the sale of Additional Bonds shall be deposited in the Project Fund and, if applicable, the Costs of Issuance Fund, and requisitions shall be made for Costs of the Project and, if applicable, the Costs of Issuance, as set forth in Section 3.2 above.

Appears in 1 contract

Samples: Loan Agreement (Casella Waste Systems Inc)

Funding From Additional Bonds. The Company may request that the Issuer Authority deliver Additional Bonds from time to time to finance Project costs necessary to complete the Project, as provided herein and in Section 2.15 2.13 of the Indenture: (i) the Company must contact (in writing) the Underwriter and the Credit Provider, if any, Provider at least 30 days prior to the desired date of issuance to request the issuance of such Additional Bonds and to request, if such Additional Bonds are to be supported by a Letter of Credit, request a corresponding increase in the Stated Amount of the Letter of Credit or a new Letter of Credit to enhance such Additional Bonds and the Credit Provider shall agree to so increase the Stated Amount or issue a new Letter of Credit, as the case may beAmount; (ii) the Company must deliver to the Issuer Authority a Designation of Bonds (in substantially the same form as is attached as Exhibit D to the Indenture), executed by the Company, the Credit Provider Bank and the Underwriter, designating the amount of Additional Bonds to be issued and the date of such issuance; and (iii) Additional Bonds may be issued only in Authorized Denominations. In the event that the Company requests that the Issuer Authority deliver Additional Bonds, and such request is made in compliance with this Section 3.6, the Issuer Authority shall forthwith deliver such Additional Bonds as requested by the Company. In order for the Trustee to authenticate and deliver Additional Bonds, the requirements of Section 2.15 2.13 of the Indenture must be satisfied. Proceeds of the sale of Additional Bonds shall be deposited in the Project Fund and, if applicable, the Costs of Issuance Fund, and requisitions shall be made for Costs of the Project and, if applicable, the Costs of Issuance, as set forth in Section 3.2 above.

Appears in 1 contract

Samples: Financing Agreement (Casella Waste Systems Inc)

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Funding From Additional Bonds. The Company Borrower may request that the Issuer Authority deliver Additional Bonds from time to time to finance Costs of the Project costs necessary to complete the Project, Project as provided herein and in Section 2.15 2.13 of the Indenture: (ia) the Company Borrower must contact (in writing) the Underwriter Underwriters and the Credit ProviderAuthority, if any, (with a copy to the Trustee) at least 30 days prior to the desired date Date of issuance Delivery to request the issuance delivery of such Additional Bonds and to request, if such Additional Bonds are to be supported by a Letter of Credit, a corresponding increase in the Stated Amount of the Letter of Credit or a new Letter of Credit to enhance such Additional Bonds and the Credit Provider shall agree to so increase the Stated Amount or issue a new Letter of Credit, as the case may beBonds; (iib) the Company Borrower must deliver to the Issuer Authority a Designation of Bonds Bond (in substantially the same form as is attached as Exhibit D E to the Indenture), executed by the Company, the Credit Provider Borrower and the UnderwriterUnderwriters and acknowledged and agreed to by the Authority, designating the amount of Additional Bonds to be issued delivered and the date Date of such issuanceDelivery; and (iiic) Additional Bonds may be issued delivered only in Authorized Denominations. In the event that the Company Borrower requests that the Issuer Authority deliver Additional Bonds, and such request is made in compliance with this Section 3.63.5, the Issuer Authority shall forthwith deliver such Additional Bonds as requested by the CompanyBorrower. In order for the Trustee to authenticate and deliver Additional Bonds, the requirements of Section 2.15 2.13 of the Indenture must be satisfied. Proceeds of the sale of Additional Bonds shall be deposited in the Project Fund and, if applicable, (to the Costs extent permitted under Section 3.3 of Issuance Fundthe Indenture and the Tax Agreement), and requisitions shall be made for Costs of the Project and, if applicable, the Costs of Issuance, as set forth in Section 3.2 abovehereof.

Appears in 1 contract

Samples: Loan Agreement (CONSOL Energy Inc.)

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