Common use of Issuance of Additional Bonds Clause in Contracts

Issuance of Additional Bonds. The City, at the direction of Lessee, may issue Additional Bonds in amounts sufficient to pay (i) any part of the Costs of the Projects not fully funded or provided for out of the proceeds of the Series 1997C Bonds or Series 1998C Bonds, or (ii) the Costs of the Special Facilities for any additional Special Facilities approved pursuant to Section 5.05 hereof. The City agrees to use its best efforts to issue any Additional Bonds required under Clause (i) above, and the Director shall cooperate in a reasonable manner with Lessee to request the City to issue Additional Bonds under Clause (ii) above; however, no representation is made or assurance given or implied by the City that it will be able to issue, sell and deliver Additional Bonds on terms and conditions satisfactory to Lessee or that it will agree to issue Additional Bonds for any other purpose than as set forth above. Moreover, the issuance of Additional Bonds is made subject to the same conditions enumerated in Section 4.01 and the additional condition that there shall have been executed a supplement to this Agreement to provide for the manner of construction, acquisition and payment for any additional Special Facilities to be financed with such Additional Bonds and to provide for any other matters reasonably deemed necessary by the City in connection with such financing. All Additional Bonds shall be secured and payable as provided in the Trust Indenture. Upon the issuance of any Additional Bonds, the Net Rent payable hereunder shall automatically be increased in the amounts required to provide for the full and timely payment of all principal, interest, redemption premiums, Trustee charges and other related costs and expenses on all Bonds then outstanding, including the Additional Bonds to be issued. However, the City shall not authorize the issuance of Additional Bonds until the terms thereof and of the supplement to the Trust Indenture relating thereto have been approved in writing by Lessee, which written approval shall be conclusively binding upon Lessee.

Issuance of Additional Bonds. The City, at the direction of Lessee, may issue Additional Bonds in amounts sufficient to pay (i) any part of the Costs of the Projects not fully funded or provided for out of the proceeds of the Series 1997C 1997B Bonds or Series 1998C 1998B Bonds, or (ii) the Costs of the Special Facilities for any additional Special Facilities approved pursuant to Section 5.05 hereof. The City agrees to use its best efforts to issue any Additional Bonds required under Clause (i) above, and the Director shall cooperate in a reasonable manner with Lessee to request the City to issue Additional Bonds under Clause (ii) above; however, no representation is made or assurance given or implied by the City that it will be able to issue, sell and deliver Additional Bonds on terms and conditions satisfactory to Lessee or that it will agree to issue Additional Bonds for any other purpose than as set forth above. Moreover, the issuance of Additional Bonds is made subject to the same conditions enumerated in Section 4.01 and the additional condition that there shall have been executed a supplement to this Agreement to provide for the manner of construction, acquisition and payment for any additional Special Facilities to be financed with such Additional Bonds and to provide for any other matters reasonably deemed necessary by the City in connection with such financing. All Additional Bonds shall be secured and payable as provided in the Trust Indenture. Upon the issuance of any Additional Bonds, the Net Rent payable hereunder shall automatically be increased in the amounts required to provide for the full and timely payment of all principal, interest, redemption premiums, Trustee charges and other related costs and expenses on all Bonds then outstanding, including the Additional Bonds to be issued. However, the City shall not authorize the issuance of Additional Bonds until the terms thereof and of the supplement to the Trust Indenture relating thereto have been approved in writing by Lessee, which written approval shall be conclusively binding upon Lessee.

Issuance of Additional Bonds. The City, at the direction of Lessee, may issue Additional Bonds in amounts sufficient may be issued under the Indenture to pay (i) any part refund outstanding Bonds or finance completion of the Costs Project, provided such Additional Bonds meet the requirements of Section 13.1 hereof and this Section 12.1. After the delivery of the Projects not fully funded or provided for out of the proceeds of the Series 1997C Bonds or Series 1998C Bonds, or (ii) the Costs of Issuer and the Special Facilities for any additional Special Facilities approved pursuant Company may, from time to time, upon the conditions stated in this Section 5.05 hereof. The City agrees to use its best efforts to issue any Additional Bonds required under Clause (i) above12.1, and after the Director shall cooperate in a reasonable manner Company provides the Trustee with Lessee the opinion of nationally recognized bond counsel to request the City to issue Additional Bonds under Clause (ii) above; however, no representation is made or assurance given or implied by the City effect that it will be able to issue, sell and deliver Additional Bonds on terms and conditions satisfactory to Lessee or that it will agree to issue Additional Bonds for any other purpose than as set forth above. Moreover, the issuance of Additional Bonds is made subject will not affect the tax-exempt status of the Bonds, agree upon and approve the issuance and delivery of Additional Bonds, secured by this Indenture and equally and ratably payable from the Rental Payments pledged and appropriated hereunder with this series of Bonds, but bearing such date or dates and interest rate or rates and having such maturity or maturities and such redemption dates and premiums as may be agreed upon. Every series of such Additional Bonds shall be authorized by an amendment to the same conditions enumerated in Section 4.01 Agreement and the additional condition that there shall have been executed a supplement to this Agreement to provide Indenture, establishing the terms thereof and providing for additional Rental Payments for the manner Project sufficient to pay the interest due on the Additional Bonds and on all Bonds then outstanding hereunder, and to redeem all such Bonds at maturity or, when required by the provisions of constructionthis Indenture and such supplemental indenture, acquisition and payment for any additional Special Facilities adding to be financed with the Project under the Agreement all property acquired from the proceeds of such Additional Bonds. Each series of such Additional Bonds shall be executed as provided by Section 11.1, upon filing with the Trustee original executed counterparts of the supplemental indenture and the amendment to provide for any the Agreement, together with such additional certificates, opinions, and other matters reasonably documents as deemed necessary by the City in connection with such financingTrustee and bond counsel. All Additional Bonds shall be secured and payable as provided in the Trust Indenture. Upon the issuance of any Additional Bonds, the Net Rent payable hereunder shall automatically be increased in the amounts required to provide for the full and timely payment of all principal, interest, redemption premiums, Trustee charges and other related costs and expenses on all Bonds then outstanding, including the Additional Bonds to be issued. However, the City shall not authorize the issuance of Additional Bonds until the terms thereof and of the supplement to the Trust Indenture relating thereto have been approved in writing by Lessee, which written approval shall be conclusively binding upon LesseeINDENTURE OF TRUST - Page 43.

Issuance of Additional Bonds. The CityTo the extent the Issuer issues additional bonds, at in addition to the direction Series 2024 Bonds ("Additional Bonds"), that rank on a parity basis to the Bonds and are subject to a pledge of LesseeTIF Revenues and Taxpayer Payments to the payment of the Bonds and any such additional parity bonds shall be applied on a pro-rata basis, based on the principal amount of the Bonds outstanding supported by the TIF Revenues and Taxpayer Payments and such additional parity bonds outstanding") provided, however, that such Parity Obligations test is not required to issue obligations for future phases of the Project. While the Series 2024 Bonds are owned by the Purchaser, no additional bonds may be issued ranking on a parity without written consent of the Company. One or more series of Bonds, may issue Additional be authenticated and delivered from time to time for one or more of the purposes of (i) refunding entirely one or more series of Bonds outstanding hereunder, if such Bonds may otherwise be refunded, (ii) advance refunding entirely one or more series of Bonds outstanding hereunder, regardless of whether such Bonds may otherwise be refunded, if the same is then permitted by law by depositing with the Trustee, in amounts trust for the sole benefit of such series of Bonds, cash or investments (but only to the extent that the full faith and credit of the United States of America are pledged to the timely payment thereof) in a principal amount which will, together with the income or increment to accrue thereon, be sufficient to pay and redeem (iwhen redeemable) any part and discharge such series of the Costs of the Projects not fully funded Bonds at or provided for out of the proceeds of the Series 1997C Bonds or Series 1998C Bonds, or (ii) the Costs of the Special Facilities for any additional Special Facilities approved pursuant to Section 5.05 hereof. The City agrees to use its best efforts to issue any Additional Bonds required under Clause (i) abovebefore their respective maturity dates, and (iii) financing the Director shall cooperate Cost of Construction or of acquiring and/or constructing additional improvements to the Project, and, in a reasonable manner each case, obtaining additional funds to pay the costs to be incurred in connection with Lessee to request the City to issue Additional Bonds under Clause (ii) above; however, no representation is made or assurance given or implied by the City that it will be able to issue, sell and deliver Additional Bonds on terms and conditions satisfactory to Lessee or that it will agree to issue Additional Bonds for any other purpose than as set forth above. Moreover, the issuance of such Additional Bonds, to establish reserves with respect thereto and to pay interest during the estimated construction period of completing the additional improvements, if any. Each series of Additional Bonds is made subject issued hereunder shall be issued on a parity with the Series 2024 Bonds. Prior to the same conditions enumerated in Section 4.01 and delivery by the additional condition that there shall have been executed a supplement to this Agreement to provide for the manner Issuer of construction, acquisition and payment for any additional Special Facilities to be financed with such Additional Bonds and to provide for any other matters reasonably deemed necessary by the City in connection with such financing. All Additional Bonds there shall be secured and payable as provided in filed with the Trust Indenture. Upon the issuance of any Additional Bonds, the Net Rent payable hereunder shall automatically be increased in the amounts required to provide for the full and timely payment of all principal, interest, redemption premiums, Trustee charges and other related costs and expenses on all Bonds then outstanding, including the Additional Bonds to be issued. However, the City shall not authorize the issuance of Additional Bonds until the terms thereof and of the supplement to the Trust Indenture relating thereto have been approved in writing by Lessee, which written approval shall be conclusively binding upon Lessee.Trustee: