Common use of Indenture Approval and Requirements Clause in Contracts

Indenture Approval and Requirements. (a) The execution of this Agreement shall constitute conclusive evidence of approval of the Indenture by the Borrower. Additionally, the Borrower agrees that whenever the Indenture is executed and by its terms imposes a duty or obligation upon the Borrower to the same extent as if the Borrower was an express party to the Indenture, the Borrower hereby agrees to carry out and perform all of its obligations thereunder, and any default by the Borrower not cured within the applicable cure period thereunder shall constitute a default under this Agreement. (b) In addition to other requirements of this Agreement and without limitation, the Borrower shall provide, or cause to be provided, to the Trustee on or before the Closing Date: (i) Original executed counterparts of the instruments and signed legal opinions described in Section 3.03 of the Indenture and an opinion of counsel to the Borrower in form and substance satisfactory to the Significant Bondholder and the Financial Monitor; (ii) Copies of the fully executed counterparts of the Subordinate Loan Documents and the funds to be made available under and pursuant to the Subordinate Loan Documents shall have been fully funded and available to the Borrower; (iii) A copy of the Limited Partnership Agreement, together with all exhibits, schedules, addenda and documents supplements thereto; (iv) The fully executed Collateral Assignments (as defined in the Indenture) shall have been delivered in form and substance satisfactory to the Significant Bondholder and the Financial Monitor; (v) The Replacement Reserve Fund shall have been funded as described in Section 5.11(a) of the Indenture; (vi) Moneys required for payment of Costs of Issuance; and (vii) The Borrower Contribution.

Indenture Approval and Requirements. (a) The execution of this Agreement shall constitute conclusive evidence of approval of the Indenture by the Borrower. Additionally, the Borrower agrees that whenever the Indenture is executed and by its terms imposes a duty or obligation upon the Borrower to the same extent as if the Borrower was an express party to the Indenture, the Borrower hereby agrees to carry out and perform all of its obligations thereunder, and any default by the Borrower not cured within the applicable cure period thereunder shall constitute a default under this Agreement. (b) In addition to other requirements of this Agreement and without limitation, the Borrower shall provide, or cause to be provided, to the Trustee on or before the Closing Date: (i) Original executed counterparts of the instruments and signed legal opinions described in Section 3.03 of the Indenture and an opinion of counsel to the Borrower in form and substance satisfactory to the Significant Bondholder and the Financial Monitor; (ii) Copies of the fully executed counterparts of the Subordinate Loan Documents and the funds to be made available under and pursuant to the Subordinate Loan Documents shall have been fully funded and available to the Borrower; (iii) A copy of the Borrower’s Limited Partnership Agreement, together with all exhibits, schedules, addenda and documents supplements thereto; (iv) The fully executed Collateral Assignments (as defined in the Indenture) shall have been delivered in form and substance satisfactory to the Significant Bondholder and the Financial Monitor; (v) The Replacement Reserve Fund shall have been funded as described in Section 5.11(a) of the Indenture; (vi) Moneys required for payment of Costs of Issuance; and (vii) The Borrower Contribution.

Indenture Approval and Requirements. (a) The execution of this Agreement shall constitute conclusive evidence of approval of the Indenture by the Borrower. Additionally, the Borrower agrees that whenever the Indenture is executed and by its terms imposes a duty or obligation upon the Borrower to the same extent as if the Borrower was an express party to the Indenture, the Borrower hereby agrees to carry out and perform all of its obligations thereunder, and any default by the Borrower not cured within the applicable cure period thereunder shall constitute a default under this Agreement. (b) In addition to other requirements of this Agreement and without limitation, the Borrower shall provide, or cause to be provided, to the Trustee on or before the Closing Date: (i) Original executed counterparts of the instruments and signed legal opinions described in Section 3.03 of the Indenture and an opinion of counsel to the Borrower in form and substance satisfactory to the Significant Bondholder and the Financial Monitor; (ii) Copies of the fully executed counterparts of the Subordinate Loan Documents and the funds to be made available under and pursuant to the Subordinate Loan Documents shall have been fully funded and available to the Borrower; (iii) A copy of the Borrower’s Limited Partnership Agreement, together with all exhibits, schedules, addenda and documents supplements thereto;together (iv) The fully executed Collateral Assignments (as defined in the Indenture) shall have been delivered in form and substance satisfactory to the Significant Bondholder and the Financial Monitor; (v) The Replacement Reserve Fund shall have been funded as described in Section 5.11(a) of the Indenture; (vi) Moneys required for payment of Costs of Issuance; and (vii) The Borrower Contribution.