Common use of Loan Payments and Other Amounts Payable Clause in Contracts

Loan Payments and Other Amounts Payable. (a) The Borrower shall pay as repayment of the Loan until the principal of, premium, if any, and interest on the Bonds shall have been paid or provision for the payment thereof shall have been made in accordance with the Indenture, into the Bond Interest Fund on August 15, 2022, 100% of the amount required to pay interest on September 1, 2022, and thereafter, on or before the fifteenth day of each February, May, August, and November during the term of this Agreement, commencing November, 2022, one-half of the amount required to pay the amount of interest which will become due on the Bonds on the next succeeding Interest Payment Date. On or before any redemption date for which request for redemption has been given by the Borrower, the Borrower shall pay as repayment of the Loan for deposit into the Bond Principal Fund an amount of money which, together with other money available therefor in the Bond Principal Fund, is sufficient to pay the principal of and premium, if any, on the Bonds called for optional redemption and for deposit into the Bond Interest Fund an amount of money which, together with other money available therefor in the Bond Interest Fund, is sufficient to pay the interest accrued to the redemption date on the Bonds called for optional redemption. If by the fifth day subsequent to the day on which the Borrower is required to make a payment pursuant to the first sentence of this paragraph the amount held by the Trustee in the Bond Principal Fund and the Bond Interest Fund is insufficient to make the required payments of principal of and interest on the Bonds, the Borrower shall forthwith pay such deficiency as repayment of the Loan for deposit into the Bond Principal Fund or the Bond Interest Fund, as the case may be. (b) The Borrower shall pay or provide for the payment of all taxes and assessments, general or special, concerning or in any way related to the Property of the Borrower, including the Collateral Property, or any part thereof, during the term of this Agreement and any other governmental charges and impositions whatsoever, and all utility and other charges and assessments, in the manner, at the times and under the conditions more specifically provided in Section 6.2 hereof. (c) The Borrower agrees to pay to the Trustee the reasonable and necessary fees and expenses of the Trustee, as and when the same become due, upon submission of a statement therefor; provided, that the Borrower may, without creating a default hereunder, contest in good faith any such fees or expenses. (d) The Borrower will pay the County’s reasonable expenses, including legal and accounting fees, incurred by the County in connection with the issuance of the Bonds and the performance by the County of any and all of its functions and duties under this Agreement or the Indenture, including, but not limited to, all duties which may be required of the County by the Trustee and the owners of the Bonds. (e) In the event any money in the Debt Service Reserve Fund are transferred to the Bond Principal Fund or the Bond Interest Fund pursuant to Section 3.06 of the Indenture, or in the event the Trustee has notified the Borrower of a deficiency in the Debt Service Reserve Fund pursuant to Section 3.06 of the Indenture, the Borrower shall deposit or cause to be deposited money, in twelve (12) equal monthly installments, into the Debt Service Reserve Fund in an amount equal to the amount required to cause the total amount in the Debt Service Reserve Fund to equal the Debt Service Reserve Requirement. In the event the Borrower should fail to make any of the payments required by this Section, the item or installment in default shall continue as an obligation of the Borrower until the amount in default shall have been fully paid, and the Borrower agrees to pay the same and, with respect to the payments required by paragraphs (a) and (b) hereof, with interest at the Late Payment Rate or the maximum rate permitted by law if less than such rate. In such an event, the Borrower shall first make the payments required by Section 5.1(a), then Section 5.1(b), then Section 5.1(c), and then Section 5.1(d).

Appears in 2 contracts

Samples: Loan Agreement (Wildfire New PubCo, Inc.), Loan Agreement (Wildfire New PubCo, Inc.)

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Loan Payments and Other Amounts Payable. (a) The Borrower shall Except to the extent that moneys are available therefor under the Resolution or hereunder, including moneys in the Debt Service Fund (other than moneys required to pay the Redemption Price or purchase price of Outstanding Series 2020A Bonds theretofore called for redemption or contracted to be purchased, plus interest accrued to the date of redemption or purchase), and excluding interest accrued but unpaid on investments held in the Debt Service Fund, the Institution hereby unconditionally agrees to pay, so long as repayment Series 2020A Bonds are Outstanding from its general funds or any other moneys legally available to it, including payments to be made by it pursuant to the Master Indenture: (i) On or before the date of delivery of the Loan until Series 2020A Bonds, the principal ofIssuer Fee agreed to by the Issuer and the Institution in connection with the issuance of the Series 2020A Bonds; (ii) On or before the date of delivery of the Series 2020A Bonds, premiumsuch amount, if any, as is required, in addition to the proceeds of such Series 2020A Bonds available therefor, to pay the Institution’s Allocable Portion of the Costs of Issuance of the Series 2020A Bonds, and interest the Institution’s Allocable Portion of other costs in connection with the issuance of the Series 2020A Bonds; (iii) On the Business Day immediately preceding a Loan Repayment Date, if the amount on deposit in the Bonds shall have been paid or provision Debt Service Fund is less than the amounts required for the payment thereof shall have been made in accordance with of principal or Sinking Fund Installments of, or interest on, the IndentureSeries 2020A Bonds due and payable on such Loan Repayment Date, into the Bond Interest Fund on August 15, 2022, 100% Institution’s Allocable Portion of the amount required of such deficiency; (iv) On each Loan Repayment Date, Loan Repayments in the amount determined in the manner set forth in Schedule D, subject to pay adjustment from time to time as a result of events including but not limited to prepayment(s) and interest on September 1rate adjustment(s), 2022, and thereafter, on if applicable; (v) On or before any Redemption Date, the fifteenth day of each February, May, August, and November during the term of this Agreement, commencing November, 2022, one-half Institution’s Allocable Portion of the amount required to pay the amount Redemption Price or purchase price of interest which will become due on the Bonds on the next succeeding Interest Payment Date. On or before any redemption date for which request for redemption has been given by the Borrower, the Borrower shall pay as repayment of the Loan for deposit into the Bond Principal Fund an amount of money whichsuch Series 2020A Bonds, together with other money available therefor in the Bond Principal Fund, is sufficient to pay Institution’s Allocable Portion of the principal of and premium, if any, on the Bonds called for optional redemption and for deposit into the Bond Interest Fund an amount of money which, together with other money available therefor in the Bond Interest Fund, is sufficient to pay the interest accrued to the redemption date on the Bonds called for optional redemption. If by the fifth day subsequent to the day on which the Borrower is required to make a payment pursuant to the first sentence of this paragraph the amount held by the Trustee in the Bond Principal Fund and the Bond Interest Fund is insufficient to make the required payments of principal of and interest on the Bonds, the Borrower shall forthwith pay such deficiency as repayment of the Loan for deposit into the Bond Principal Fund or the Bond Interest Fund, as the case may be. (b) The Borrower shall pay or provide for the payment of all taxes and assessments, general or special, concerning or in any way related to the Property of the Borrower, including the Collateral Property, or any part thereof, during the term of this Agreement and any other governmental charges and impositions whatsoever, and all utility and other charges and assessments, in the manner, at the times and under the conditions more specifically provided in Section 6.2 hereof. (c) The Borrower agrees to pay to the Trustee the reasonable and necessary fees and expenses of the Trustee, as and when the same become due, upon submission of a statement therefor; provided, that the Borrower may, without creating a default hereunder, contest in good faith any such fees or expenses. (d) The Borrower will pay the County’s reasonable expenses, including legal and accounting fees, expenses charged or incurred by the County Issuer to effectuate the redemption or defeasance of such Series 2020A Bonds; (vi) On December 10 of each Bond Year, one-half (1/2) of the Institution’s Allocable Portion of the Annual Administrative Fee payable during such Bond Year in connection with the issuance Series 2020A Bonds, and on June 10 of each Bond Year the balance of the Institution’s Allocable Portion of the Annual Administrative Fee payable during such Bond Year; provided, however, that the Institution’s Allocable Portion of the Annual Administrative Fee with respect to the Series 2020A Bonds payable during the Bond Year during which such Annual Administrative Fee became effective shall be equal to the Institution’s Allocable Portion of the Annual Administrative Fee with respect to the Series 2020A Bonds multiplied by a fraction the numerator of which is the number of calendar months or parts thereof remaining in such Bond Year and the performance by the County denominator of any and all of its functions and duties under this Agreement or the Indenture, including, but not limited to, all duties which may be required of the County by the Trustee and the owners of the Bonds. (e) In the event any money in the Debt Service Reserve Fund are transferred to the Bond Principal Fund or the Bond Interest Fund pursuant to Section 3.06 of the Indenture, or in the event the Trustee has notified the Borrower of a deficiency in the Debt Service Reserve Fund pursuant to Section 3.06 of the Indenture, the Borrower shall deposit or cause to be deposited money, in is twelve (12); (vii) equal monthly installmentsPromptly upon demand by the Issuer or the Trustee, into the Debt Service Reserve Institution’s Allocable Portion of the difference between the amount on deposit in the Arbitrage Rebate Fund available to be rebated in an amount equal to connection with the Series 2020A Bonds or otherwise available therefor under the Resolution, and the amount required to cause be rebated to the total amount in the Debt Service Reserve Fund to equal the Debt Service Reserve Requirement. In the event the Borrower should fail to make any Department of the payments required by this Section, the item or installment in default shall continue as an obligation Treasury of the Borrower until United States of America in accordance with the amount Code in default shall have been fully paidconnection with the Series 2020A Bonds; (viii) Promptly after notice from the Issuer, and the Borrower agrees to pay the same and, with respect to the payments required by paragraphs (a) and (b) hereof, with interest at the Late Payment Rate or the maximum rate permitted by law if less but in any event not later than such rate. In such an event, the Borrower shall first make the payments required by Section 5.1(a), then Section 5.1(b), then Section 5.1(c), and then Section 5.1(d).fifteen

Appears in 1 contract

Samples: Loan Agreement

Loan Payments and Other Amounts Payable. (aA) The Borrower shall pay as Upon the terms and conditions of this Loan Agreement, the Issuer will make the Loan to the Borrower. In consideration of and in repayment of the Loan, the Borrower shall make, as Loan Payments, payments sufficient in amount to pay when due the Debt Service Payments and the payments of the Purchase Price due and payable on the Bonds, until the principal of, and premium, if any, and interest on on, and the purchase price for, the Bonds shall have been fully paid or provision for the payment thereof shall have been made in accordance with the Indenture, into the Bond Interest Fund on August 15, 2022, 100% of the amount required to . The Borrower shall pay interest on September Loan Payments as follows: (1, 2022, and thereafter, ) on or before the fifteenth day of each February, May, August, and November during the term of this Agreement, commencing November, 2022, one-half of the amount required to pay the amount of interest which will become due on the Bonds on the next succeeding Interest Bond Payment Date. On or before any redemption date for which request for redemption has been given by the Borrower, the Borrower shall pay as repayment of make available moneys to the Loan Trustee for deposit into the Bond Principal Fund Fund, in an amount of money which, together with other money available therefor when added to any amounts then held in the Bond Principal Fund, is sufficient to pay shall equal the principal of amount payable as principal, interest and premium, if any, on the Bonds called for optional redemption and for deposit into on such Bond Payment Date; and (2) on or before each Purchase Date, the Bond Interest Fund Borrower shall make available moneys to the Trustee in an amount of money which, together with other money when added to any amounts then held by the Trustee and available therefor in the Bond Interest Fund, is sufficient for application to pay the interest accrued Purchase Price due on such Purchase Date, shall equal the amount payable on such Purchase Date as the Purchase Price of the Tendered Bonds on such Purchase Date; provided, however, that the obligation of the Borrower to make any payment hereunder shall be deemed satisfied and discharged to the redemption date on extent of the Bonds called for optional redemption. If corresponding payment made by a Bank to the Trustee under a Letter of Credit and the reimbursement by the fifth day subsequent Borrower (or the Trustee with moneys provided by the Borrower) to the day on which the Borrower is required to make a Bank in full for such payment pursuant to the first sentence terms of this paragraph the amount held related Reimbursement Agreement; provided further, however, that any payment by a Bank to the Trustee in under a Letter of Credit will not relieve the Borrower of any of its obligations under the related Reimbursement Agreement. (B) The Borrower shall pay as additional Loan Payments hereunder any premium when due on the Bonds and the following: (a) Within thirty (30) days after receipt of a demand therefor from the Trustee, the Bond Principal Fund and the Bond Interest Fund is insufficient to make the required payments of principal of and interest on the BondsRegistrar or any Paying Agent or Authenticating Agent, the Borrower shall forthwith pay such deficiency as repayment of to the Loan for deposit into Trustee, the Bond Principal Fund Registrar or the Bond Interest Fundany Paying Agent or Authenticating Agent, as the case may be, the following amounts: (i) the reasonable fees, costs and expenses of the Trustee, the Bond Registrar, Paying Agent or Authenticating Agent for performing the obligations of the Trustee under the Indenture and the other Financing Documents; (ii) the sum of the expenses of the Trustee, the Bond Registrar, Paying Agent or Authenticating Agent reasonably incurred in performing the obligations of (x) the Borrower under this Loan Agreement, or (y) the Issuer under the Bonds, the Indenture or this Loan Agreement; and (iii) the reasonable attorneys’ fees of the Trustee, the Bond Registrar, Paying Agent or Authenticating Agent incurred in connection with the foregoing and other moneys due the Trustee, the Bond Registrar, Paying Agent or Authenticating Agent pursuant to the provisions of any of the Financing Documents. (b) The Borrower shall pay or provide for the payment of all taxes Remarketing Agent and assessmentsTender Agent, general or specialas additional Loan Payments hereunder, concerning or in any way related to the Property fees and expenses of the Borrower, including the Collateral Property, or any part thereof, during the term of this Agreement Remarketing Agent and any other governmental charges and impositions whatsoever, and all utility and other charges and assessments, in the manner, at the times and Tender Agent under the conditions more specifically provided Indenture for services rendered in Section 6.2 hereofconnection with the Bonds. (c) The Borrower agrees to shall pay to the Tender Agent in federal or other immediately available funds not later than 3:00 p.m., New York, New York time, an amount equal to the amount the Tender Agent requires in order to purchase on behalf of the Borrower Bonds tendered pursuant to Article V of the Indenture on the date payment is to be made; provided, however, that the amount required to be paid under this paragraph shall be reduced by an amount equal to the sum of the amounts made available to the Tender Agent for such purpose from the proceeds of the remarketing of such Bonds by the Remarketing Agent or proceeds of a draw under the Credit Facility, if any. The Borrower hereby authorizes the Trustee to draw such moneys under the reasonable and Credit Facility, if any, as are necessary for the purchase of Bonds pursuant to said Article III. (a) On the Closing Date, the Borrower shall pay to the Issuer, as the initial basic loan payment due hereunder, (i) a single lump sum payment in an amount equal to $30,000, representing the Issuer’s administration fee for the issuance of the Bonds; plus (ii) an additional lump sum payment in an amount equal to the fees and expenses of counsel to the Trustee, as and when Issuer relating to the same become due, upon submission of a statement therefor; provided, that the Borrower may, without creating a default hereunder, contest in good faith any such fees or expensesProject. (db) The Within thirty (30) days after receipt of a demand therefor from the Issuer, the Borrower will shall pay to the CountyIssuer the sum of the reasonable expenses (including, without limitation, reasonable attorney’s reasonable fees and expenses) of the Issuer and the members, including legal directors, officers, agents, servants and accounting fees, employees thereof incurred by reason of the County Issuer’s making of the Loan, the financing and/or refinancing of the Project Facility, the issuance and delivery of any Bonds, the marketing or remarketing of any Bonds or in connection with the issuance carrying out of the Issuer’s duties and obligations under this Loan Agreement or any of the other Financing Documents, and any other fee or expense of the Issuer with respect to the Project Facility, the Bonds or any of the other Financing Documents, the payment of which is not otherwise provided for under this Loan Agreement. (3) The Borrower further agrees to make any rebate payments to the Trustee as are required of it under the Indenture and the performance by Tax Agreement and to pay the County costs and expenses of any the independent certified public accounting firm or firm of attorneys engaged in accordance the Indenture relating to rebate payments required to be made pursuant to the Indenture and all of its functions and duties the Tax Agreement. (4) The Borrower further agrees that if the payments to be made under this Loan Agreement shall ever prove insufficient to pay all principal of, and premium, if any, and interest on the Bonds as the same shall become due (whether by maturity, redemption, acceleration or otherwise), then upon notice from the IndentureTrustee, the Borrower shall pay such amounts as are required from time to time to prevent any deficiency or default in the payment of such principal, premium or interest, including, but not limited to, all duties which may be required any deficiency caused by acts, omissions, nonfeasance or malfeasance on the part of the County by Trustee, the Trustee and Borrower, the owners of the BondsIssuer or any third party. (eC) In The Borrower agrees to make the event above-mentioned payments, without any further notice, in lawful money in the Debt Service Reserve Fund are transferred to the Bond Principal Fund or the Bond Interest Fund pursuant to Section 3.06 of the IndentureUnited States of America as, or in at the event time of payment, shall be legal tender for the Trustee has notified the Borrower payment of a deficiency in the Debt Service Reserve Fund pursuant to Section 3.06 of the Indenture, the Borrower shall deposit or cause to be deposited money, in twelve (12) equal monthly installments, into the Debt Service Reserve Fund in an amount equal to the amount required to cause the total amount in the Debt Service Reserve Fund to equal the Debt Service Reserve Requirementpublic and private debts. In the event the Borrower should shall fail to make any of the payments payment required by this Section, Section 5.1 for a period of more than ten (10) days from the item or installment in default shall continue as an obligation of the Borrower until the amount in default shall have been fully paid, and the Borrower agrees to pay the same and, with respect to the payments required by paragraphs (a) and (b) hereof, with interest at the Late Payment Rate or the maximum rate permitted by law if less than date such rate. In such an eventpayment is due, the Borrower shall first pay the same, together with interest thereon, at the Default Interest Rate, from the date on which such payment was due until the date on which such payment is made. (D) The Borrower shall be entitled to a credit against the Loan Payments next required to be made under Section 5.1(A) of this Loan Agreement to the extent that the balance of the Bond Fund is then in excess of amounts required (1) for payment of Bonds theretofore matured or theretofore called for redemption, (2) for payment of interest for which checks or drafts have been drawn and mailed by the Trustee, and (3) for deposit in the Bond Fund for use other than for the payment of Debt Service Payments on the Bond Payment Date next following the applicable date such Loan Payments are due pursuant to Section 5.1(A) of this Loan Agreement. In any event, however, if on any Interest Payment Date, the balance in the Bond Fund is insufficient to make required payments of Debt Service Payments on the payments required by Section 5.1(aBonds, the Borrower forthwith will pay any deficiency to the Trustee, for the account of the Issuer and for deposit into the Bond Fund. (E) The Issuer shall not be obligated to pay the principal of, purchase price or premium, if any, or interest on the Bonds, except from Trust Estate Revenues and other amounts available to the Issuer therefor under this Loan Agreement and other Financing Documents (excepting amounts related to the Unassigned Rights), then Section 5.1(b), then Section 5.1(c), and then Section 5.1(d)with no obligation to seek collection thereof.

Appears in 1 contract

Samples: Loan Agreement (Domtar CORP)

Loan Payments and Other Amounts Payable. (a) As repayment of the Loan, the Company shall deposit with the Trustee, on the date of issuance of the Bonds, and thereafter not later than the fifteenth day of each month, the Monthly Payment with respect to the following calendar month, in accordance with the Indenture, which amounts shall be applied to the payment of the Bonds at the times and in the manner provided in the Indenture. The Borrower Company shall be entitled to credit with respect to such Monthly Payments for any transfers to the Bond Principal Fund and Bond Interest Fund pursuant to Section 3.07(b) of the Indenture. (b) Upon any acceleration of amounts due under the Loan Agreement, the Company shall immediately pay as repayment of the Loan, for deposit in the Bond Principal Fund, the Bond Interest Fund and the Reserve Fund, an amount which, together with other moneys available under the Loan Agreement, is sufficient to pay the entire principal of and interest on the Bonds. (c) On or before any redemption date (other than a sinking fund redemption date) for which a notice of redemption has been given pursuant to the Indenture, the Company shall pay as repayment of the Loan until the principal ofLoan, premium, if any, and interest on the Bonds shall have been paid or provision for the payment thereof shall have been made in accordance with the Indenture, into the Bond Interest Fund on August 15, 2022, 100% of the amount required to pay interest on September 1, 2022, and thereafter, on or before the fifteenth day of each February, May, August, and November during the term of this Agreement, commencing November, 2022, one-half of the amount required to pay the amount of interest which will become due on the Bonds on the next succeeding Interest Payment Date. On or before any redemption date for which request for redemption has been given by the Borrower, the Borrower shall pay as repayment of the Loan for deposit into in the Bond Principal Fund Fund, an amount of money which, together with other money moneys available therefor in the Bond Principal Fund (and, if all Bonds are called for redemption, the Reserve Fund), is sufficient to pay the principal of and premium, if any, on the Bonds called for optional or mandatory redemption and for deposit into the Bond Interest Fund an amount of money which, together with other money moneys available therefor in the Bond Interest Fund, is sufficient to pay the unpaid interest accrued to the redemption date on the Bonds called for optional or mandatory redemption. If by on any principal or interest payment date on the fifth day subsequent to Bonds or the day date any other amounts are payable on which the Borrower is required to make a payment pursuant to the first sentence of this paragraph Bonds the amount held by the Trustee in the Bond Principal Fund and the Bond Interest Fund is insufficient to make the required payments of principal of of, premium, if any, and interest on the Bonds, the Borrower Company shall forthwith pay such deficiency as repayment of the Loan for deposit into in the Bond Principal Fund or the Bond Interest Fund, as the case may be. (bd) The Borrower shall pay or provide for At the payment of all taxes and assessments, general or special, concerning or in any way related to the Property option of the BorrowerCompany Representative, including the Collateral Propertyso long as no Event of Default has occurred or is occurring, or any part thereof, during the term to be exercised by delivery of this Agreement and any other governmental charges and impositions whatsoever, and all utility and other charges and assessments, in the manner, at the times and under the conditions more specifically provided in Section 6.2 hereof. (c) The Borrower agrees to pay a written certificate to the Trustee and the reasonable and necessary fees and expenses Authority not less than 45 days next preceding the applicable sinking fund redemption date, it may (i) deliver to the Trustee for cancellation Bonds in an aggregate principal amount desired by the Company Representative or (ii) specify a principal amount of such Bonds which prior to said date have been redeemed (otherwise than through the operation of the Trustee, as applicable sinking fund) and when the same become due, upon submission of a statement therefor; provided, that the Borrower may, without creating a default hereunder, contest in good faith any such fees or expenses. (d) The Borrower will pay the County’s reasonable expenses, including legal and accounting fees, incurred by the County in connection with the issuance of the Bonds and the performance by the County of any and all of its functions and duties under this Agreement or the Indenture, including, but not limited to, all duties which may be required of the County canceled by the Trustee and not theretofore applied as a credit against the owners respective sinking fund redemption obligation. Each such Bond so delivered or previously redeemed shall be credited by the Trustee at 100% of the Bondsprincipal amount thereof against the obligation of the Company on such respective sinking fund redemption date for Bonds and any excess over such amounts shall be credited against future sinking fund redemption obligations for such Bonds as directed by the Company Representative. In the event the Company Representative shall avail itself of the provisions of clause (i) of the first sentence of this paragraph, the certificate required by the first sentence of this paragraph shall be accompanied by the Bonds to be canceled. (e) In The Company shall deposit the following amounts to the Reserve Fund: (i) on the date of issuance of the Bonds, $1,351,500 from proceeds of the Bonds; (ii) in the event any money moneys in the Debt Service Reserve Fund are transferred to the Bond Principal Fund or the Bond Interest Fund pursuant to Section 3.06 of the Indenture, or to the Rebate Fund pursuant to the Indenture, or in the event the Trustee has notified valuation of the Borrower of a deficiency amounts in the Debt Service Reserve Fund pursuant to Section 3.06 of required by the IndentureIndenture reveals there is an amount less than the Reserve Requirement on deposit in the Reserve Fund, the Borrower Company shall deposit deposit, on the first day of each month following such transfer or cause to be deposited moneyvaluation, in twelve (12) substantially equal monthly installments, payments into the Debt Service Reserve Fund in an amount equal to the amount required to cause the total amount in the Debt Service Reserve Fund to equal the Debt Service Reserve Requirement. In Requirement not later than the event the Borrower should fail to make any of the payments required by this Section, the item or installment in default shall continue as an obligation of the Borrower until the amount in default shall have been fully paid, and the Borrower next succeeding Interest Payment Date. (f) The Company agrees to pay to the Trustee and the Authority, respectively, as an Operating Expense, the reasonable and necessary fees and expenses of the Trustee and the Authority, respectively, including the reasonable fees and other costs incurred for the services of any paying agent or engineers, architects, attorneys, management consultants, accountants and other consultants employed by the Trustee or the Authority to make examinations and reports, provide services and render opinions required under the Loan Agreement or the Indenture, plus the Company agrees to pay to the appropriate party the fees and expenses of any Rebate Analyst, as and when the same andbecome due, with respect upon submission of a statement therefor. (g) The Company agrees to pay to the payments required by paragraphs (a) Trustee as an Operating Expense all amounts to be deposited to the Rebate Fund, as and (b) hereofwhen the same become due as determined pursuant to the Indenture, with interest at to the Late Payment Rate or the maximum rate permitted by law if less than extent there are no other amounts available to make such rate. In such an event, the Borrower shall first make the payments required by Section 5.1(a), then Section 5.1(b), then Section 5.1(c)deposits, and then Section 5.1(d)to cause the Trustee to apply such funds in compliance with the terms of the Indenture. (h) The Company agrees to pay as an Operating Expense all costs and expenses which may be incurred in connection with any removal or substitution of the Trustee and the appointment of any successor trustee.

Appears in 1 contract

Samples: Loan Agreement (Advanced Environmental Recycling Technologies Inc)

Loan Payments and Other Amounts Payable. (a) The Borrower shall pay or cause to be paid as repayment of the Loan until the principal of, premium, if any, and interest on the Bonds shall have been paid or provision for the payment thereof shall have been made in accordance with the Indenture, into the Bond Interest Revenue Fund on August 15, 2022, 100% of the amount required to pay interest on September 1, 2022, and thereafter, on or before the fifteenth 25th day of each February, May, August, and November month during the term of this AgreementLoan Agreement as follows:‌ (i) commencing with [October] 25, commencing November2023, 2022, one-half an amount equal to one-[sixth] of the amount required to pay the amount of interest which will become due on the Bonds on the next Interest Payment Date, and commencing [April] 25, 2024, an amount equal to one-sixth of the interest due on the Bonds on the next Interest Payment Date; provided, however, the Borrower shall be entitled to a credit against such amounts owed equal to the amounts then on deposit in the Bond Fund and available for payment of such interest, provided that, if any time between Interest Payment Dates, an Advance shall occur pursuant to the provisions of Section 202(f) of the Indenture, then the Trustee shall, after such Advance, recalculate the amount due as of the 25th day of each calendar month remaining from the Advance Date to and including the immediately succeeding Interest Payment Date, taking into account the additional interest accruing on the then Outstanding Bonds, from the Advance Date to the next Interest Payment Date; and (ii) an amount equal to one-twelfth of the principal due on the Bonds on the next Principal Payment Date; provided, however, the Borrower shall be entitled to a credit against such amounts owed equal to the amounts then on deposit in the Bond Fund and available for payment of such principal. Notwithstanding anything to the contrary in this Loan Agreement, the Borrower shall pay or cause to be paid to the Trustee amounts necessary to ensure that the Trustee has sufficient funds available under the Indenture to pay interest on and principal of the Bonds as such becomes due under the terms of the Indenture. (b) On or before the redemption of any Bonds pursuant to Article V of the Indenture (other than a sinking fund redemption date for which request for redemption has been given by the Borrowerdate), the Borrower shall pay as repayment of the Loan for deposit into the Bond Principal Fund an amount of money which, together with other money available therefor the payments made by the Borrower on its Promissory Notes then on deposit in the Bond Principal Fund, is sufficient to pay (i) (A) the principal of and premium, if any, on the Bonds called for optional redemption in an amount equivalent to the principal amount of the Promissory Notes being prepaid, and (B) for deposit into the Bond Interest Fund an amount of money which, together with other money available therefor the payments made by the Borrower on its Promissory Notes then on deposit in the Bond Interest Fund (after taking into consideration amounts then on deposit in the Bond Interest Fund, including any amounts in the Capitalized Interest Account), is sufficient to pay the interest accrued to the redemption date on the of Bonds called for optional redemption. If , or (ii) amounts necessary for the purchase in lieu of redemption of the Bonds by the fifth day subsequent to the day on which the Borrower is required to make a payment pursuant to the first sentence of this paragraph the amount held by the Trustee in the Bond Principal Fund and the Bond Interest Fund is insufficient to make the required payments of principal of and interest on the Bonds, the Borrower shall forthwith pay such deficiency as repayment Section 5.05 of the Loan for deposit into the Bond Principal Fund or the Bond Interest Fund, as the case may beIndenture. (bc) The During the term of this Loan Agreement, the Borrower shall pay or provide for the payment of all taxes and assessments, general or special, concerning or in any way related to the Property of the Borrower, including the Collateral Property, Facilities or any part thereof, during the term of this Agreement and any other governmental charges and impositions whatsoeverwhatsoever related to the Facilities, and all utility premiums for insurance policies maintained on the Facilities as required by this Loan Agreement. In furtherance thereof, the Borrower shall pay to the Trustee each month for deposit into the Tax and other charges and assessments, in Insurance Escrow Fund an amount equal to the manner, at the times and under the conditions more specifically provided in Section 6.2 hereofTax Escrow Monthly Payment. (cd) The Borrower agrees to pay or cause to be paid to the Trustee the reasonable and necessary fees and expenses of the TrusteeTrustee and the Bondholder Representative, including their attorney fees and expenses, as and when the same become due, upon submission of a statement therefor; provided, provided that the Borrower may, without creating a default hereunder, contest in good faith any such fees or expenses. (de) The Borrower will shall pay or cause to be paid to the County’s reasonable expenses, including legal and accounting fees, incurred by Trustee for deposit to the County in connection with the issuance Rebate Fund all amounts required to be paid pursuant to Section 3.16 of the Bonds Indenture at the times and in the performance by the County of any and all of its functions and duties under this Agreement or the Indenture, including, but not limited to, all duties which may be required of the County by the Trustee and the owners of the Bondsmanner specified therein. (ef) Unless the amount on deposit in the Repair and Replacement Fund on the last Business Day of each Fiscal Year commencing with the Fiscal Year ending June 30, 2024, equals or exceeds the Repair and Replacement Fund Requirement (in which event no additional deposits are required), the Borrower shall pay or cause to be paid to the Trustee an amount equal to $50,000 (as such amount may be adjusted pursuant to an increase of the Repair and Replacement Fund Requirement as set forth in Section 4.03 hereof) on July 1, 2024 and on each July 1 thereafter until the Repair and Replacement Fund Requirement is met. Any draws made on the Repair and Replacement Fund shall be replenished pursuant to Section 3.22 of the Indenture within twelve months of making such draw. (g) In the event any money moneys in the Debt Service Bond Reserve Fund are transferred to the Bond Principal Fund or the Bond Interest Fund pursuant to Section 3.06 of the Indenture or to the Rebate Fund pursuant to Section 3.16 of the Indenture, or in the event the Trustee has notified the Borrower of a deficiency in the Debt Service Bond Reserve Fund pursuant to Section 3.06 of the Indenture, the Borrower shall will (i) in the event of a deficiency caused by a withdrawal of funds held in the Bond Reserve Fund, within 6 months and in no more than 6 equal monthly installments promptly deposit or cause to be deposited money, in twelve (12) equal monthly installments, moneys into the Debt Service Bond Reserve Fund in an amount equal to the amount required to cause the total amount in the Debt Service Bond Reserve Fund to equal the Debt Service Bond Reserve Fund Requirement and (ii) in the event of a deficiency on a valuation date, or Advance Date, in no more than 30 days promptly deposit or cause to be deposited moneys into the Bond Reserve Fund in an amount equal to the amount required to cause the total amount in the Bond Reserve Fund to equal the Bond Reserve Fund Requirement. (h) The Borrower shall also, promptly upon the request of the Trustee, pay to the Trustee an amount necessary to pay the fees and expenses of the Rebate Analyst. In the event there is a shortfall in any Loan Payment or other amounts to be paid under this Section 5.01 following any Disbursement Date, the Trustee shall notify the Borrower of the amount of any such deficiency in payments as provided in the Indenture. The Borrower shall have ten (10) Business Days from receipt of such notice to pay, or cause to be paid, any amounts to cover such deficiency. In the event the Borrower should fail to make or fail to cause to be made any of the payments required by this Section, the item or installment in default shall continue as an obligation of the Borrower until the amount in default shall have been fully paid, and the Borrower agrees to pay the same and, with respect and to the payments required by paragraphs (a) and (b) hereof, with pay interest at 3% per annum above the Late Payment Rate highest rate of interest borne by any of the Bonds, or the maximum rate permitted by law if less than such rate. In such an event, the The Borrower shall first make pay the payments required by Loan Payments and other amounts payable in this Section 5.1(a), then 5.01 in the order of priority set forth in this Section 5.1(b), then Section 5.1(c), and then Section 5.1(d)5.01.

Appears in 1 contract

Samples: Loan Agreement

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Loan Payments and Other Amounts Payable. (a) The Borrower shall agrees to pay to the Trustee (or the Bank as permitted under Section 2.02 of the Indenture) in immediately available funds for the account of the Issuer as and for repayment of the Loan Loan, and interest thereon, the following sums on the day when due: (i) on each Interest Payment Date, the amount payable as interest due on the Bonds on that Interest Payment Date until the principal of, premium, if any, of and interest on the Bonds shall have been fully paid or provisions of the repayment thereof shall have been made in accordance with the Indenture, plus (ii) on each Principal Payment Date, an amount equal to the amount payable as principal, whether at maturity or upon sinking fund redemption, on the Bonds on that Principal Payment Date until the principal of and the interest on the Bonds shall have been paid, or provision for the payment thereof shall have been made in accordance with the Indenture, into the Bond Interest Fund and (iii) on August 15, 2022, 100% of each acceleration day or optional or mandatory redemption date a sum equal to the amount required to pay interest payable on September 1such date as principal of, 2022premium, if any, and thereafter, on or before the fifteenth day of each February, May, August, and November during the term of this Agreement, commencing November, 2022, one-half of the amount required to pay the amount of interest which will become due on the Bonds as provided in the Indenture. The Borrower shall receive credit under this paragraph for any amounts drawn by the Trustee under any Letter of Credit to pay principal of or premium, if any, or interest on the next succeeding Interest Payment Date. On or before Bonds; provided that if at any redemption date for which request for redemption has been given by the Borrowertime a Credit Bank should default on its obligations under any Letter of Credit, the Borrower shall pay as repayment of remain liable for all amounts due hereunder. The payments due from Borrower hereunder shall be reduced to the Loan for extent that investment earnings or amounts other than such payments are on deposit into the Bond Principal Fund an amount of money which, together with other money available therefor in the Bond Principal Fund, is . Each Loan Payment installment paid pursuant to this Section shall at all times be sufficient to pay the total amount of interest and principal of and premium, if any, (whether at maturity or upon redemption or acceleration) payable on the Loan Payment date to which it relates; provided, that, any amount held by the Trustee in the Bond Fund on a Loan Payment date shall be credited against the Loan Payment on such date; and provided further, that, if at any time the amount held by the Trustee in the Bond Fund should be sufficient (and remain sufficient) to pay at the times required the principal of, interest and premium, if any, on the Bonds called for optional redemption and for deposit into the Bond Interest Fund an amount of money which, together with other money available therefor in the Bond Interest Fund, is sufficient to pay the interest accrued to the redemption date on the Bonds called for optional redemption. If by the fifth day subsequent to the day on which the Borrower is required to make a payment pursuant to the first sentence of this paragraph the amount held by the Trustee in the Bond Principal Fund and the Bond Interest Fund is insufficient to make the required payments of principal of and interest on the Bondsthen remaining unpaid, the Borrower shall forthwith pay such deficiency as repayment not be obligated to make any further Loan Payments under the provisions of the Loan for deposit into the Bond Principal Fund or the Bond Interest Fund, as the case may bethis Section. (b) The Borrower shall pay or provide for also agrees to make the payment of all taxes and assessments, general or special, concerning or in any way related deposits to the Property of the Borrower, including the Collateral Property, or any part thereof, during the term of this Agreement and any other governmental charges and impositions whatsoever, and all utility and other charges and assessments, in the manner, Rebate Fund at the times and under in the conditions more specifically provided in amounts required by Section 6.2 4.5 hereof. (c) The Borrower agrees to pay to the Trustee the reasonable and necessary fees and expenses of the Trustee, as and when the same become due, upon submission of a statement therefor; provided, that the Borrower may, without creating a default hereunder, contest in good faith any such fees or expenses. (d) The Borrower will pay the County’s reasonable expenses, including legal and accounting fees, incurred by the County in connection with the issuance of the Bonds and the performance by the County of any and all of its functions and duties under this Agreement or the Indenture, including, but not limited to, all duties which may be required of the County by the Trustee and the owners of the Bonds. (e) . In the event the due date of any money in the Debt Service Reserve Fund are transferred payment required to the Bond Principal Fund or the Bond Interest Fund be made pursuant to this Section 3.06 of is not a Business Day, such payment shall be due on the Indenture, or in the event the Trustee has notified the Borrower of a deficiency in the Debt Service Reserve Fund pursuant to Section 3.06 of the Indenture, the Borrower shall deposit or cause to be deposited money, in twelve (12) equal monthly installments, into the Debt Service Reserve Fund in an amount equal to the amount required to cause the total amount in the Debt Service Reserve Fund to equal the Debt Service Reserve Requirementnext following Business Day. In the event the Borrower should fail to make any of the payments required by this Sectionin Section 5.2(a) hereof, the item or installment Loan Payment so in default shall continue as an obligation of the Borrower until the amount in default shall have been fully paid, and the Borrower agrees to pay the same and, with respect interest thereon to the payments required by paragraphs (a) and (b) hereof, with interest at the Late Payment Rate or the maximum rate extent permitted by law if less than such rate. In such an event, from the Borrower shall first make due date of said Loan Payment at the payments required by Section 5.1(a), then Section 5.1(b), then Section 5.1(c), and then Section 5.1(d)Default Rate.

Appears in 1 contract

Samples: Loan Agreement

Loan Payments and Other Amounts Payable. (a) The Borrower shall pay as repayment (or cause to be paid) on or prior to the tenth day of each calendar month for the period commencing [ , 20 ] and ending [ , 20 ] amounts sufficient to pay [one-fourth (1/4)] of the interest on the Bonds on [ , 20 ], and shall pay (or cause to be paid) on or prior to the tenth day of each calendar month thereafter, during the term of this Agreement (after taking into consideration amounts then on deposit in the Bond Interest Fund) amounts sufficient to pay [one-third (1/3)] of the interest on the Bonds on the next succeeding Interest Payment Date and the principal on the Bonds on the next succeeding Principal Payment Date. Attached hereto as Exhibit E is a schedule setting forth the amount of each monthly Loan until payment required under this Section 5.1(a). Such Exhibit E is attached hereto for purposes of convenience to the parties and the intention of the schedule is that it corresponds with the amortization schedule relating to Bonds established pursuant to the Indenture. In the event Exhibit E does not reflect the correct amount of the monthly Loan payment the Borrower owes, the Borrower shall pay the correct amount sufficient to pay the principal of, premium, if any, and interest on the Bonds shall have been paid or provision for the payment thereof shall have been made that is coming due in accordance with the Indenture, into the Bond Interest Fund on August 15, 2022, 100% of Indenture and not the amount required set forth in Exhibit E. Notwithstanding anything to the contrary in this Agreement, the Borrower shall pay or cause to be paid to the Trustee amounts necessary to ensure that the Trustee has sufficient funds available under the Indenture to pay interest on September 1, 2022, and thereafter, on principal of the Bonds as such becomes due under the terms of the Indenture. (b) On or before the fifteenth day redemption of each Februaryany Bonds pursuant to the Indenture (other than a sinking fund redemption date), May, August, and November during the term of this Agreement, commencing November, 2022, one-half of the amount required to pay the amount of interest which will become due on the Bonds on the next succeeding Interest Payment Date. On whether an optional redemption or before any redemption date for which request for redemption has been given by the Borrowermandatory redemption, the Borrower shall pay as repayment of the Loan for deposit into the Bond Principal Fund an amount of money meeting the definition of Protected Funds which, together with other money available therefor the payments made by the Borrower on its Promissory Notes then on deposit in the Bond Principal Fund, is sufficient to pay the principal of and premium, if any, on the Bonds called for optional redemption in an amount equivalent to the principal amount of the Promissory Notes being prepaid, and for deposit into the Bond Interest Fund an amount of money which, together with other money available therefor the payments made by the Borrower on its Promissory Notes then on deposit in the Bond Interest Fund, is sufficient to pay the interest accrued to the redemption date on the of Bonds called for optional redemption. If by the fifth day subsequent redemption in an amount equivalent to the day on which the Borrower is required to make a payment pursuant to the first sentence of this paragraph the amount held by the Trustee in the Bond Principal Fund and the Bond Interest Fund is insufficient to make the required payments of principal of and interest accrued on the Bonds, the Borrower shall forthwith pay such deficiency as repayment of the Loan for deposit into the Bond Principal Fund or the Bond Interest Fund, as the case may bePromissory Notes being prepaid. (bc) The Borrower shall pay or provide for the payment of all taxes and assessments, general or special, concerning or in any way related to the Property of Facilities and the Borrower, including the Collateral Property, Project or any part thereof, during the term of this Agreement and any other governmental charges and impositions whatsoeverwhatsoever related to the Facilities or the Project, and all utility premiums for insurance policies maintained on the Facilities and other charges the Project as required by this Agreement. In furtherance thereof, the Borrower shall pay or cause to be paid to the Trustee each month for deposit into the Tax and assessments, in Insurance Escrow Fund an amount equal to the manner, at the times Tax and under the conditions more specifically provided in Section 6.2 hereofInsurance Escrow Monthly Payment. (cd) The Borrower agrees to pay or cause to be paid to the Trustee the reasonable and necessary fees and expenses of the Trustee, including its attorney fees and expenses, as and when the same become due, upon submission of a statement therefor; provided, provided that the Borrower may, without creating a default hereunder, contest in good faith any such fees or expenses. (de) The Borrower will shall pay or cause to be paid to the CountyTrustee for deposit to the Rebate Fund all amounts required to be paid pursuant to Section 4.7 hereof and the Tax Certificate at the times and in the manner specified therein. (f) The Borrower agrees to pay or cause to be paid (i) on or prior to the tenth day of each calendar month to the Trustee for deposit in the Expense Fund an amount not less than one-twelfth of the Authority’s reasonable expensesAnnual Fee, including legal (ii) the Authority’s Administration Fee on the Closing Date, and accounting fees, (iii) any amounts required to reimburse the Authority for any expenses incurred by the County Authority, whether out-of-pocket or internal, in connection with the issuance of the Bonds and the performance by the County of any and all of its functions and duties under this Agreement or Agreement, the Indenture, includingthe Bonds, but not limited tothe Tax Certificate, all duties which may be required the Bond Purchase Agreement, the Project or any other instrument or action relating to the foregoing, including fees and disbursements of attorneys of the County by the Trustee and the owners of the BondsAuthority. (eg) In The Borrower covenants to maintain the event balance on deposit in the Repair and Replacement Fund at an amount not less than the Repair and Replacement Fund Requirement subject to the limitations found in Section 8.13 herein. If at any money time the amount on deposit in the Repair and Replacement Fund is less than the Repair and Replacement Fund Requirement, the Trustee shall so notify the Borrower and the Borrower shall be required to restore the amount on deposit in the Repair and Replacement Fund to an amount equal to the Repair and Replacement Fund Requirement in twelve (12) equal installments not to exceed the annual contribution limit for the Repair and Replacement Fund Requirement, to be paid on the next succeeding Disbursement Dates. (h) The Borrower covenants to pay on or prior to the tenth day of each calendar month to the Trustee for deposit in the Debt Service Reserve Fund are transferred an amount not less than one-twelfth of the Debt Service Reserve Fund Requirement (Annual). In addition to the foregoing, if the amount on deposit in the Debt Service Reserve Fund is less than the Debt Service Reserve Fund Requirement (Aggregate) due to a transfer of funds from such Fund because of a deficiency in the Bond Principal Fund or the Bond Interest Fund pursuant to Section 3.06 of the IndentureFund, or in the event the Trustee has notified shall so notify the Borrower of a deficiency in the Debt Service Reserve Fund pursuant to Section 3.06 of the Indenture, and the Borrower shall deposit or cause be required to be deposited money, in twelve (12) equal monthly installments, into the Debt Service Reserve Fund in an amount equal to restore the amount required to cause the total amount on deposit in the Debt Service Reserve Fund to an amount equal to the Debt Service Reserve RequirementFund Requirement (Aggregate) in twelve (12) equal installments to be paid on the next succeeding Disbursement Dates. (i) The Borrower shall pay or cause to be paid to the Trustee an amount necessary to pay the fees and expenses of the Rebate Analyst. (j) The Borrower shall pay or cause to be paid to the Trustee an amount necessary to pay the Remarketing Agent Fee. In the event the Borrower should fail to make or fail to cause to be made any of the payments required by this Section, the item or installment in default shall continue as an obligation of the Borrower until the amount in default shall have been fully paid, and the Borrower agrees to pay the same and, with respect to the payments required by paragraphs subsections (a) through (d) and (bf) through (h) of Section 5.1 hereof, with to pay interest at the Late Payment Rate highest rate of interest borne by any of the Bonds, or the maximum rate permitted by law if less than such rate. In such an event, the The Borrower shall first make the payments required by Section 5.1(areceive a credit for amounts due under subsections (a), then Section 5.1(b), then Section 5.1(c), and then Section 5.1(d).(f) and

Appears in 1 contract

Samples: Loan Agreement

Loan Payments and Other Amounts Payable. (a) As repayment of the Loan, the Company shall deposit with the Trustee, on the date of issuance of the Bonds, and thereafter not later than the fifteenth day of each month, the Monthly Payment with respect to the following calendar month, in accordance with the Indenture, which amounts shall be applied to the payment of the Bonds at the times and in the manner provided in the Indenture. The Borrower Company shall be entitled to credit with respect to such Monthly Payments for any transfers to the Bond Principal Fund and Bond Interest Fund pursuant to Section 3.07(b) of the Indenture. (b) Upon any acceleration of amounts due under the Loan Agreement, the Company shall immediately pay as repayment of the Loan, for deposit in the Bond Principal Fund, the Bond Interest Fund and the Reserve Fund, an amount which, together with other moneys available under the Loan Agreement, is sufficient to pay the entire principal of and interest on the Bonds. (c) On or before any redemption date (other than a sinking fund redemption date) for which a notice of redemption has been given pursuant to the Indenture, the Company shall pay as repayment of the Loan until the principal ofLoan, premium, if any, and interest on the Bonds shall have been paid or provision for the payment thereof shall have been made in accordance with the Indenture, into the Bond Interest Fund on August 15, 2022, 100% of the amount required to pay interest on September 1, 2022, and thereafter, on or before the fifteenth day of each February, May, August, and November during the term of this Agreement, commencing November, 2022, one-half of the amount required to pay the amount of interest which will become due on the Bonds on the next succeeding Interest Payment Date. On or before any redemption date for which request for redemption has been given by the Borrower, the Borrower shall pay as repayment of the Loan for deposit into in the Bond Principal Fund Fund, an amount of money which, together with other money moneys available therefor in the Bond Principal Fund (and, if all Bonds are called for redemption, the Reserve Fund), is sufficient to pay the principal of and premium, if any, on the Bonds called for optional or mandatory redemption and for deposit into the Bond Interest Fund an amount of money which, together with other money moneys available therefor in the Bond Interest Fund, is sufficient to pay the interest accrued to the redemption date on the Bonds called for optional or mandatory redemption. If by on any principal or interest payment date on the fifth day subsequent to Bonds or the day date any other amounts are payable on which the Borrower is required to make a payment pursuant to the first sentence of this paragraph Bonds the amount held by the Trustee in the Bond Principal Fund and the Bond Interest Fund is insufficient to make the required payments of principal of of, premium, if any, and interest on the Bonds, the Borrower Company shall forthwith pay such deficiency as repayment of the Loan for deposit into in the Bond Principal Fund or the Bond Interest Fund, as the case may be. (bd) The Borrower shall pay or provide for At the payment of all taxes and assessments, general or special, concerning or in any way related to the Property option of the BorrowerCompany Representative, including the Collateral Propertyso long as no Event of Default has occurred or is occurring, or any part thereof, during the term to be exercised by delivery of this Agreement and any other governmental charges and impositions whatsoever, and all utility and other charges and assessments, in the manner, at the times and under the conditions more specifically provided in Section 6.2 hereof. (c) The Borrower agrees to pay a written certificate to the Trustee and the reasonable and necessary fees and expenses City not less than 45 days next preceding the applicable sinking fund redemption date, it may (i) deliver to the Trustee for cancellation Bonds in an aggregate principal amount desired by the Company Representative or (ii) specify a principal amount of such Bonds which prior to said date have been redeemed (otherwise than through the operation of the Trustee, as applicable sinking fund) and when the same become due, upon submission of a statement therefor; provided, that the Borrower may, without creating a default hereunder, contest in good faith any such fees or expenses. (d) The Borrower will pay the County’s reasonable expenses, including legal and accounting fees, incurred by the County in connection with the issuance of the Bonds and the performance by the County of any and all of its functions and duties under this Agreement or the Indenture, including, but not limited to, all duties which may be required of the County canceled by the Trustee and not theretofore applied as a credit against the owners respective sinking fund redemption obligation. Each such Bond so delivered or previously redeemed shall be credited by the Trustee at 100% of the Bondsprincipal amount thereof against the obligation of the Company on such respective sinking fund redemption date for Bonds and any excess over such amounts shall be credited against future sinking fund redemption obligations for such Bonds as directed by the Company Representative. In the event the Company Representative shall avail itself of the provisions of clause (i) of the first sentence of this paragraph, the certificate required by the first sentence of this paragraph shall be accompanied by the Bonds to be canceled. (e) In The Company shall deposit the following amounts to the Reserve Fund: (i) on the date of issuance of the Bonds, $1,061,000 from proceeds of the reserve fund established with respect to the Prior Bonds; (ii) in the event any money moneys in the Debt Service Reserve Fund are transferred to the Bond Principal Fund or the Bond Interest Fund pursuant to Section 3.06 of the Indenture, or to the Rebate Fund pursuant to the Indenture, or in the event the Trustee has notified valuation of the Borrower of a deficiency amounts in the Debt Service Reserve Fund pursuant to Section 3.06 of required by the IndentureIndenture reveals there is an amount less than the Reserve Requirement on deposit in the Reserve Fund, the Borrower Company shall deposit deposit, on the first day of each month following such transfer or cause to be deposited moneyvaluation, in twelve (12) substantially equal monthly installments, payments into the Debt Service Reserve Fund in an amount equal to the amount required to cause the total amount in the Debt Service Reserve Fund to equal the Debt Service Reserve Requirement. In Requirement not later than the event the Borrower should fail to make any of the payments required by this Section, the item or installment in default shall continue as an obligation of the Borrower until the amount in default shall have been fully paid, and the Borrower next succeeding Interest Payment Date. (f) The Company agrees to pay to the Trustee and the City, respectively, as an Operating Expense, the reasonable and necessary fees and expenses of the Trustee and the City, respectively, including the reasonable fees and other costs incurred for the services of any paying agent or engineers, architects, attorneys, management consultants, accountants and other consultants employed by the Trustee or the City to make examinations and reports, provide services and render opinions required under the Loan Agreement or the Indenture, plus the Company agrees to pay to the appropriate party the fees and expenses of any Rebate Analyst, as and when the same andbecome due, with respect upon submission of a statement therefor. (g) The Company agrees to pay to the payments required by paragraphs (a) Trustee as an Operating Expense all amounts to be deposited to the Rebate Fund, as and (b) hereofwhen the same become due as determined pursuant to the Indenture, with interest at to the Late Payment Rate or the maximum rate permitted by law if less than extent there are no other amounts available to make such rate. In such an event, the Borrower shall first make the payments required by Section 5.1(a), then Section 5.1(b), then Section 5.1(c)deposits, and then Section 5.1(d)to cause the Trustee to apply such funds in compliance with the terms of the Indenture. (h) The Company agrees to pay as an Operating Expense all costs and expenses which may be incurred in connection with any removal or substitution of the Trustee and the appointment of any successor trustee.

Appears in 1 contract

Samples: Loan Agreement (Advanced Environmental Recycling Technologies Inc)

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