INDENTURE OF TRUST. No later than simultaneously with the initial delivery of a series of the District Bonds or Subordinate Obligations, the District shall cause an Indenture of Trust (each is an “Indenture”), in a form reasonably acceptable to the Parties, to be executed by and between the District, as the issuer, and a financial institution with trust powers designated in the Bond Resolution (as defined in the Formation Resolution) (the “Trustee”). An Indenture will, with respect to the District, provide terms (a) for (i) issuance of one or more series of District Bonds, (ii) authentication and delivery of the District Bonds, and (iii) securing the District Bonds; (b) securing one or more series of Subordinate Obligations that are payable from the revenues of the District Special Levy and/or the proceeds of District Bonds; and (c) for the deposit and application of the revenues of the District Special Levy, including investment income thereon, pledged to the payment of, among other things, principal and interest on District Bonds and/or Subordinate Obligations and payment of the District’s administrative expenses. Additionally, the Indenture will secure and administer the issuance, registration, transfer, payment, disbursement and investment of proceeds of a series of District Bonds issued thereunder and the application of the District Special Levy for payment of Subordinate Obligations and other costs of the District, including, but not limited to administrative and formation costs. Revenues of the District Special Levy, including all investment income thereon, pledged to the payment of District Bonds and/or Subordinate Obligations shall be applied in compliance with the Indenture and, as authorized by the Indenture, may be utilized by the District for the payment of principal and interest on District Bonds and/or Subordinate Obligations and payment of the District’s administrative expenses.
INDENTURE OF TRUST dated as of December 1, 1983, between the Apache County Authority and Xxxxxx Guaranty authorizing Variable Rate Demand Industrial Development Revenue Bonds, 1983 Series B (Tucson Electric Power Company Springerville Project).
INDENTURE OF TRUST. This INDENTURE OF TRUST (this “Indenture”) made and entered into July 1, 2009, is by and between the REDEVELOPMENT AGENCY OF THE CITY OF SAN DIEGO, a public body corporate and politic duly organized and existing under the laws of the State of California (the “Agency”), and XXXXX FARGO BANK, NATIONAL ASSOCIATION, a national banking association organized and existing under the laws of the United States of America, as trustee (the “Trustee”).
INDENTURE OF TRUST. In the manner and with the effect provided in the Indenture, the Bonds may be redeemed prior to maturity, as follows:
(a) The Bonds shall be subject to redemption by the City, in whole or in part, at any time at a redemption price equal to the principal amount of the Bonds to be redeemed plus accrued interest to the redemption date on the ninetieth day (or such earlier date as may be designated by the Company) after a Determination of Taxability, but in no case more than ninety (90) days after such determination. Subject to the foregoing provisions of this Section 3.01(a), the Bonds shall be redeemed in whole unless, in the opinion of Bond Counsel mutually acceptable to the City and the Company, the redemption of a portion of such Bonds would have the result that interest payable on the Bonds remaining Outstanding after such redemption would not be includable in the gross income for federal income tax purposes of any owner of any such Bonds. Any such partial redemption shall be in such amount as is necessary to accomplish such result.
(b) The Bonds shall be subject to mandatory redemption by the City, at the principal amount thereof plus accrued interest to the redemption date, on the 90th day (or such earlier date as may be designated by the Company) after a final determination by a court of competent jurisdiction or an administrative agency, to the effect that, as a result of a failure by the Company to perform or observe any covenant, agreement or warranty contained in the Loan Agreement or any similar agreement of the Company relating to the Prior Bonds or to any bonds of the City which were refunded, directly or indirectly, by the Prior Bonds, the interest payable on the Bonds is included for federal income tax purposes in the gross income of the owners thereof, other than as a result of any Owner of a Bond being a “substantial user” of the Facilities or a “related person” within the meaning of Section 103(b) of the 1954 Code. No determination by any court or administrative agency shall be considered final for the purposes of this subsection (b) unless the Company shall have been given timely notice of the proceeding that resulted in such determination and an opportunity to participate in such proceeding, either directly or through an Owner of a Bond, to a degree it deems sufficient and until the conclusion of any appellate review sought by any party to such proceeding or the expiration of the time for seeking such review. The Bonds will be redeemed e...
INDENTURE OF TRUST. THIS INDENTURE OF TRUST (this “Indenture”), made and entered into as of this 1st day of [Date], 2012, by and between U.S. BANK NATIONAL ASSOCIATION, a national banking association duly organized and existing under the laws of the United States of America, as trustee (the “Trustee”), and the BOARD OF TRUSTEES OF NORTHEASTERN ILLINOIS UNIVERSITY, a body corporate and politic of the State of Illinois (the “Board”),
INDENTURE OF TRUST. This Indenture of Trust dated as of July 1, 2010 (this “Indenture”), between the Parish of St. Xxxxx, State of Louisiana, a political subdivision of the State of Louisiana created and existing under the Constitution and Laws of the State of Louisiana (the “Issuer”) and U.S. Bank National Association, a national banking association (the “Trustee”);
INDENTURE OF TRUST. This Master Indenture of Trust, dated as of October 15, 2021 (this “Master Indenture”) is by and between the City of Kyle, Texas (the “City”), and BOKF, NA, a national banking association, as trustee (together with its successors, the “Trustee”). Capitalized terms used in the preambles, recitals and granting clauses and not otherwise defined shall have the meanings assigned thereto in Article 1.
INDENTURE OF TRUST. Dated as of July 1, 2010 $20,000,000 New York City Capital Resource Corporation Recovery Zone Facility Revenue Bonds (Xxxxx Retail Development LLC Project), Series 2010
INDENTURE OF TRUST. Each of the representations and warranties of the Facility Lender set forth in the Indenture of Trust are true and correct in all material respects and the Facility Lender is in compliance with its obligations under the Operative Documents.
INDENTURE OF TRUST. In Witness Whereof, the City of Forsyth, Rosebud County, Montana, by order of its governing body, has caused this Indenture to be executed by its Mayor and its official seal to be impressed hereon and attested by its City Clerk, and U.S. Bank Trust Company, National Association, as Trustee, has caused this Indenture to be executed in its behalf by one of its Vice Presidents, all as of the day and year first above written. City of Forsyth, Rosebud County, Montana By /s/ Xxxxxx Xxxxxxxx Mayor Attest: City Clerk U.S. Bank Trust Company, National Association, as Trustee By /s/ Xxxxxxx Xxxxxxx Vice President -46- Indenture of Trust No. _______ $144,660,000 Registered Owner: ___________________________________________________________ Principal Amount: Dollars The City of Forsyth, Rosebud County, Montana, a municipal corporation and political subdivision organized and existing under the Constitution and laws of the State of Montana (the “City”), for value received, hereby promises to pay (but only out of the Receipts and Revenues of the Issuer from the Loan Agreement (as hereinafter defined) and other moneys pledged therefor) to the registered owner identified above, or registered assigns, on the Maturity Date stated above unless this Bond shall have been called for redemption and payment of the redemption price shall have been duly made or provided for, upon the presentation and surrender hereof, the principal amount identified above and to pay (but only out of the Receipts and Revenues of the Issuer from the Loan Agreement and any other moneys pledged therefor) interest on said principal sum, until payment of said principal sum has been made or duly provided for, at the interest rate per annum set forth above on each Interest Payment Date (defined below), from the Interest Payment Date next preceding the date of authentication of this A-1 Indenture of Trust Bond, unless such date of authentication shall be an Interest Payment Date to which interest on this Bond has been paid or duly provided for, in which case this Bond shall bear interest from such date of authentication, or unless this Bond is authenticated prior to the first Interest Payment Date, in which case this Bond shall bear interest from the Issue Date stated above; provided that (i) Bonds authenticated on a date which is subsequent to a Record Date for the payment of interest and prior to the related Interest Payment Date shall bear interest from such Interest Payment Date, and (ii) if, as shown by ...
