Loan Repayment. The Loan shall be evidenced by the Note which shall be executed by the Borrower in the form attached hereto as Exhibit A. The Borrower agrees to pay to the Trustee, on behalf of the Authority, the principal of, premium (if any) and interest on the Loan at the times, in the manner, in the amount and at the rates of interest provided in the Note and this Agreement. To secure its obligations to repay the Loan, the Borrower will grant the Authority a security interest in the Project pursuant to the terms of the Deed of Trust and will take all actions necessary to perfect such security interest. In order to satisfy its obligations under this Section 5.1 and Section 5.2, the Borrower agrees to pay to the Trustee (i) on or prior to the thirteenth (13th) day of each month, commencing in 2014, from budgeted Net Operating Revenues from the prior month, amounts sufficient to make the monthly deposits required by paragraphs (a) through (g) of Section 5.7 of the Indenture and (ii) on or prior to the date that is 45 days following the end of each Bond Year, all remaining budgeted Net Operating Revenues from such prior Bond Year. To secure its obligations hereunder, the Borrower hereby pledges the Operating Revenues (including the Revenues) to the Trustee, as assignee of the Authority hereunder. The Borrower shall provide to the Authority and the Trustee the name, location and account numbers of any accounts into which Operating Revenues will be deposited and will provide appropriate notice to the applicable financial institution of the security interest therein of the Trustee on behalf of the Bondholders. Notwithstanding the foregoing, so long as the Borrower has Net Operating Revenues that are at least equal to said month’s portion of items (a) through (g) of Section 5.7 of the Indenture, then the Borrower may retain from Net Operating Revenues for such month the Borrower Administration Fee for such month. (a) The Borrower agrees to pay, in repayment of the Loan, the amounts set forth in Section 5.1 above to the Trustee for the account of the Authority until the principal of, premium (if any) and interest on the Bonds shall have been paid or provision for payment shall have been made in accordance with the Indenture, in federal or other immediately available funds at the corporate trust office designated by the Trustee, and to cause the Trustee to apply such amounts to pay (i) the interest on the Bonds as it becomes due and (ii) the principal of and redemption premium, if any, on the Bonds as it becomes due (whether at maturity, by prior redemption or otherwise) in accordance with the terms of the Indenture. The Borrower may remit such funds net of accrued interest on investments on the funds and accounts held under the Indenture. In addition, the Borrower agrees to repay the principal of the Loan, plus interest accrued thereon until the date fixed for redemption of the Bonds to be redeemed with such repayment, in the amounts and at the times specified in Section 5.4 hereof. (b) The Borrower further agrees to pay or cause to be paid all taxes and assessments, general or special, including, without limitation, all ad valorem taxes, concerning or in any way related to the Project, or any part thereof, and any other governmental charges and impositions whatsoever, foreseen or unforeseen, and all utility and other charges and assessments; provided, however, that the Borrower reserves the right to contest in good faith the legality of any tax or governmental charge concerning or in any way related to the Project. (c) The Borrower further agrees to timely pay the premiums or other amounts required to be paid to maintain the insurance required by Sections 6.18, 6.19 and 6.20 hereof. (d) The Borrower further agrees to pay, until the principal of and interest on all Outstanding Bonds shall have been fully paid, to the Trustee for deposit in the accounts of the Administration Fund established by the Indenture such amounts as the Trustee may from time to time request for deposit into the General Account of the Administration Fund the fees and ordinary expenses of the Trustee and the Paying Agent, the annual fees and expenses of the Oversight Agent as provided in the Administration Agreement, and into the Borrower Administration Fee Account of the Administration Fund the Borrower Administration Fee, all as provided in the Indenture; provided that the Trustee fees and expenses incurred in connection with the enforcement of the Regulatory Agreement and reasonable compensation or reimbursement for extraordinary services, indemnification, and expenses of the Trustee, as required by Section 8.5 of the Indenture shall be paid upon demand of the Trustee. The Borrower agrees to pay the cost of any rebate analyst in connection with the calculation of rebate (within the meaning of Section 148(f) of the Code) and to pay to the Trustee all amounts required to be remitted to the United States. (e) The Borrower agrees to the establishment of the Repair and Replacement Fund as set forth in the Indenture. The Trustee shall deposit $ of the proceeds of the Bonds on the Closing Date into the Restricted Account of the Repair and Replacement Fund. The Trustee shall deposit $ of funds available to the Borrower on the Closing Date into the Unrestricted Account of the Repair and Replacement Fund. Thereafter, there shall be deposited into the Unrestricted Account of the Repair and Replacement Fund the amounts required by Section 5.7(i) of the Indenture. Moneys on deposit in the Repair and Replacement Fund shall be disbursed as provided in Section 5.13 of the Indenture and Section 6.22 of this Agreement. (f) The Borrower agrees to the establishment of the Surplus Fund into which all remaining Net Operating Revenues will be deposited and disbursed in accordance with the terms of the Indenture.
Appears in 1 contract
Samples: Loan Agreement
Loan Repayment. The Loan shall be evidenced by the Note which shall be executed by the Borrower in the form attached hereto as Exhibit A. The Borrower agrees to pay to the Trustee, on behalf of the Authority, the principal of, premium (if any) and interest on the Loan at the times, in the manner, in the amount and at the rates of interest provided in the Note and this Agreement. To secure its obligations to repay the Loan, the Borrower will grant the Authority a security interest in the Project pursuant to the terms of the Deed of Trust and will take all actions necessary to perfect such security interest. In order to satisfy its obligations under this Section 5.1 and Section 5.2, the Borrower agrees to pay to the Trustee (i) on or prior to not later than the thirteenth (13th) day of each month, commencing in 2014October 13, from 2013, all budgeted Net Operating Revenues from the prior month, amounts sufficient to make and not otherwise remitted in the monthly deposits required by paragraphs (a) through (g) of Section 5.7 of the Indenture and (ii) on or prior to the date that is 45 days following the end of each Bond Year, all remaining month. Any budgeted Net Operating Revenues from such prior Bond Yearreceived by the Borrower after the 13th day of each month shall be transferred to the Trustee on the 13th day of the immediately following calendar month. To secure its obligations hereunder, the Borrower hereby pledges the Operating Revenues (including the Revenues) to the Trustee, as assignee of the Authority hereunder. The Borrower shall provide to the Authority and the Trustee the name, location and account numbers of any accounts into which Operating Revenues will be deposited and will provide appropriate notice to the applicable financial institution of the security interest therein of the Trustee on behalf of the Bondholders. Notwithstanding the foregoing, so long as the Borrower has Net Operating Revenues that are at least equal to said month’s portion of items (a) through (gf) of Section 5.7 of the Indenture, then the Borrower may retain from Net Operating Revenues for such month the Borrower Administration Fee for such month.
(a) The Borrower agrees to pay, in repayment of the Loan, all budgeted Net Operating Revenues for the amounts set forth in Section 5.1 above immediately preceding calendar month resulting from operating the Project to the Trustee for the account of the Authority until the principal of, premium (if any) and interest on the Bonds shall have been paid or provision for payment shall have been made in accordance with the Indenture, in federal or other immediately available funds at the corporate trust office designated by the Trustee, and on the fifteenth (15th) day of each month to cause the Trustee to apply such amounts pay the amount equal to pay (i) the interest on the Bonds as it becomes which will become due on each Interest Payment Date and (ii) the principal of and redemption premium, if any, on the Bonds as it becomes which will become due (whether at maturity, by prior redemption or otherwise) in accordance with the terms of the Indentureon each Interest Payment Date. The Borrower may remit such funds net of accrued interest on investments on the funds and accounts held under the Indenture. In addition, the Borrower agrees to repay the principal of the Loan, plus interest accrued thereon until the date fixed for redemption of the Bonds to be redeemed with such repayment, in the amounts and at the times specified in Section 5.4 5.3 hereof. In the event the Net Operating Revenues deposited with the Trustee in any two consecutive month period are less than 90% of the amount set forth in the annual budget described in Section 6.6 hereof, the Borrower shall, concurrently with its transfer of the amount to the Trustee, provide notice of a written explanation for the variance to the Authority and the Oversight Agent and, upon written request of the Oversight Agent, the Borrower shall submit a written report within 30 days with recommendations to the Authority and the Oversight Agent with respect to the ability of the Borrower and its recommendations as to how to stay within the amounts contemplated in the final annual budget. The Oversight Agent shall review the Borrower’s written recommendations and submit any comments to the Borrower. The Oversight Agent shall notify the Authority in the event the Borrower shall not comply substantially with the recommendations submitted by the Borrower (and as commented on by the Oversight Agent). In such event, the Authority, based on such advice as it may deem appropriate, may direct the Borrower to remove the manager of the Project (the “Project Manager”) and approve a new Project Manager acceptable to the Authority. In the event the Net Operating Revenues deposited in the succeeding month are less than 90% of the amount set forth in the annual budget, then the Oversight Agent shall notify the Authority and the Trustee and, thereafter: (a) upon written order of the Authority determined in its discretion based on the advice of the Oversight Agent and such other information as the Authority may determine to be appropriate, all Operating Revenues of the Project shall be deposited with and held by the Trustee and the Trustee shall deposit the budgeted Operation and Maintenance Costs, as contemplated in the annual budget, as directed in writing by the Authority or the Oversight Agent on behalf of the Authority, in a depository account to be established by the Trustee for the benefit of the Borrower’s operation and maintenance of the Project; and (b) the Authority, based on such advice of the Oversight Agent as it may deem appropriate, shall have the right to direct the Borrower to remove the Project Manager and approve a new Project Manager acceptable to the Authority. Upon receipt by the Trustee of a certificate from the Oversight Agent which certifies that Net Operating Revenues in a subsequent month are either
(i) at least equal to 90% or more of the amount set forth in the annual budget described in Section 6.6 hereof or (ii) equal or greater than the amount needed to make all payments on the Bonds for the immediately preceding month, the Trustee shall no longer be required to hold the Operating Revenues as set forth in this Section 5.1(a) and shall take all necessary action to transfer the Operating Revenues to another financial institution as directed in writing by the Borrower.
(b) The Borrower further agrees to pay or cause to be paid all taxes and assessments, general or special, including, without limitation, all ad valorem taxes, concerning or in any way related to the Project, or any part thereof, and any other governmental charges and impositions whatsoever, foreseen or unforeseen, and all utility and other charges and assessments; provided, however, that the Borrower reserves the right to contest in good faith the legality of any tax or governmental charge concerning or in any way related to the Project.
(c) The Borrower further agrees to timely pay the premiums or other amounts required to be paid to maintain the insurance required by Sections 6.18, 6.19 and 6.20 hereof.
(d) The Borrower further agrees to pay, until the principal of and interest on all Outstanding Bonds shall have been fully paid, to the Trustee for deposit in the accounts of the Administration Fund established by the Indenture such amounts as the Trustee may from time to time request for deposit into the General Account of the Administration Fund the fees and ordinary expenses of the Trustee and the Paying Agent, the annual fees and expenses of the Oversight Agent as provided in the Administration Agreement, and into the Borrower Administration Fee Account of the Administration Fund the Borrower Administration Fee, all as provided in the Indenture; provided that the Trustee fees and expenses incurred in connection with the enforcement of the Regulatory Agreement and reasonable compensation or reimbursement for extraordinary services, indemnification, and expenses of the Trustee, as required by Section 8.5 of the Indenture shall be paid upon demand of the Trustee. The Borrower agrees to pay the cost of any rebate analyst in connection with the calculation of rebate (within the meaning of Section 148(f) of the Code) and to pay to the Trustee all amounts required to be remitted to the United States.
(e) The Borrower agrees to the establishment of the Repair and Replacement Fund as set forth in the Indenture. The Trustee shall deposit $ of the proceeds of the Series A Bonds and $ of the proceeds of the Series B Bonds on the Closing Date into the Restricted Account of the Repair and Replacement Fund. The Trustee shall deposit $ of funds available to the Borrower on the Closing Date into the Unrestricted Account of the Repair and Replacement Fund. Thereafter, there shall be deposited into the Unrestricted Account of the Repair and Replacement Fund the amounts required by Section 5.7(i5.7(h) of the Indenture. Moneys on deposit in the Repair and Replacement Fund shall be disbursed as provided in Section 5.13 of the Indenture and Section 6.22 of this Agreement.
(f) The Borrower agrees to the establishment of the Surplus Fund into which all remaining Net Operating Revenues will be deposited and disbursed in accordance with the terms of the Indenturedeposited.
Appears in 1 contract
Samples: Loan Agreement
Loan Repayment. The Loan shall be evidenced by the Note which shall be executed by the Borrower in the form attached hereto as Exhibit A. The Borrower agrees to pay to the Trustee, on behalf of the Authority, the principal of, premium (if any) and interest on the Loan at the times, in the manner, in the amount and at the rates of interest provided in the Note and this Agreement. To secure its obligations to repay the Loan, the Borrower will grant the Authority a security interest in the Project pursuant to the terms of the Deed of Trust and will take all actions necessary to perfect such security interest. In order to satisfy its obligations under this Section 5.1 and Section 5.2, the Borrower agrees to pay to the Trustee (i) on or prior to the thirteenth (13th) day of each month, commencing in 2014, from budgeted Net Operating Revenues from the prior month, amounts sufficient to make the monthly deposits required by paragraphs (a) through (g) of Section 5.7 of the Indenture and (ii) on or prior to the date that is 45 days following the end of each Bond Year, all remaining budgeted Net Operating Revenues from such prior Bond Year. To secure its obligations hereunder, the Borrower hereby pledges the Operating Revenues (including the Revenues) to the Trustee, as assignee of the Authority hereunder. The Borrower shall provide to the Authority and the Trustee the name, location and account numbers of any accounts into which Operating Revenues will be deposited and will provide appropriate notice to the applicable financial institution of the security interest therein of the Trustee on behalf of the Bondholders. Notwithstanding the foregoing, so long as the Borrower has Net Operating Revenues that are at least equal to said month’s portion of items (a) through (g) of Section 5.7 of the Indenture, then the Borrower may retain from Net Operating Revenues for such month the Borrower Administration Fee for such month.
(a) The Borrower agrees shall fully pay the Loan within seven (7) years from and after the Drawdown Date. Subject to pay, in repayment of the LoanArticle 3, the amounts Loan shall be repaid over twenty seven (27) equal quarterly principal installments of NINE MILLION, FOUR HUNDRED THIRTY-SEVEN THOUSAND, EIGHT HUNDRED AND SEVENTY U.S. DOLLARS and sixty-five cents (US$ 9,437,870.65), with the balance of ONE HUNDRED TWENTY-TWO MILLION, SIX HUNDRED NINETY-TWO THOUSAND, THREE HUNDRED AND EIGHTEEN U.S. DOLLARS and fifty-one cents (US$ 122,692,318.51) (the “Final Payment”) to be repaid on January 2, 2018 (the “Maturity Date”). Each such quarterly principal installment shall be payable on the applicable loan repayment date (the “Loan Repayment Date”) as set forth in Section 5.1 above the Loan Repayment Schedule.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from the Trustee Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder.
(c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of the Loan and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder for the account of the Authority until the principal of, premium Lenders and each Lender’s share thereof.
(if anyd) and interest on the Bonds shall have been paid or provision for payment shall have been The entries made in accordance with the Indenture, accounts maintained pursuant to paragraph (b) or (c) of this Article 2 shall be conclusive of the existence and amounts of the obligations recorded therein absent manifest error; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in federal or other immediately available funds at any manner affect the corporate trust office designated by obligation of the Trustee, and Borrower to cause repay the Trustee to apply such amounts to pay (i) the interest on the Bonds as it becomes due and (ii) the principal of and redemption premium, if any, on the Bonds as it becomes due (whether at maturity, by prior redemption or otherwise) Loans in accordance with the terms of the Indenture. The Borrower may remit such funds net of accrued interest on investments on the funds and accounts held under the Indenture. In addition, the Borrower agrees to repay the principal of the Loan, plus interest accrued thereon until the date fixed for redemption of the Bonds to be redeemed with such repayment, in the amounts and at the times specified in Section 5.4 hereof.
(b) The Borrower further agrees to pay or cause to be paid all taxes and assessments, general or special, including, without limitation, all ad valorem taxes, concerning or in any way related to the Project, or any part thereof, and any other governmental charges and impositions whatsoever, foreseen or unforeseen, and all utility and other charges and assessments; provided, however, that the Borrower reserves the right to contest in good faith the legality of any tax or governmental charge concerning or in any way related to the Project.
(c) The Borrower further agrees to timely pay the premiums or other amounts required to be paid to maintain the insurance required by Sections 6.18, 6.19 and 6.20 hereof.
(d) The Borrower further agrees to pay, until the principal of and interest on all Outstanding Bonds shall have been fully paid, to the Trustee for deposit in the accounts of the Administration Fund established by the Indenture such amounts as the Trustee may from time to time request for deposit into the General Account of the Administration Fund the fees and ordinary expenses of the Trustee and the Paying Agent, the annual fees and expenses of the Oversight Agent as provided in the Administration Agreement, and into the Borrower Administration Fee Account of the Administration Fund the Borrower Administration Fee, all as provided in the Indenture; provided that the Trustee fees and expenses incurred in connection with the enforcement of the Regulatory Agreement and reasonable compensation or reimbursement for extraordinary services, indemnification, and expenses of the Trustee, as required by Section 8.5 of the Indenture shall be paid upon demand of the Trustee. The Borrower agrees to pay the cost of any rebate analyst in connection with the calculation of rebate (within the meaning of Section 148(f) of the Code) and to pay to the Trustee all amounts required to be remitted to the United States.
(e) The Borrower agrees to the establishment of the Repair and Replacement Fund as set forth in the Indenture. The Trustee shall deposit $ of the proceeds of the Bonds on the Closing Date into the Restricted Account of the Repair and Replacement Fund. The Trustee shall deposit $ of funds available to the Borrower on the Closing Date into the Unrestricted Account of the Repair and Replacement Fund. Thereafter, there shall be deposited into the Unrestricted Account of the Repair and Replacement Fund the amounts required by Section 5.7(i) of the Indenture. Moneys on deposit in the Repair and Replacement Fund shall be disbursed as provided in Section 5.13 of the Indenture and Section 6.22 of this Agreement.
(f) The Borrower agrees to the establishment of the Surplus Fund into which all remaining Net Operating Revenues will be deposited and disbursed in accordance with the terms of the Indenture.
Appears in 1 contract
Loan Repayment. The Loan shall be evidenced by the Note which shall be executed by the Borrower in the form attached hereto as Exhibit A. The Borrower agrees to pay to the Trustee, on behalf of the Authority, the principal of, premium (if any) and interest on the Loan at the times, in the manner, in the amount and at the rates of interest provided in the Note and this Agreement. To secure its obligations to repay the Loan, the Borrower will grant the Authority a security interest in the Project pursuant to the terms of the Deed of Trust and will take all actions necessary to perfect such security interest. In order to satisfy its obligations under this Section 5.1 and Section 5.2, the Borrower agrees to pay to the Trustee (i) on or prior to the thirteenth (13th) day of each month, commencing in 20142015, from budgeted Net Operating Revenues from the prior month, amounts sufficient to make the monthly deposits required by paragraphs (a) through (ge) of Section 5.7 of the Indenture and (ii) on or prior to the date that is 45 days following the end of each Bond Year, all remaining budgeted Net Operating Revenues from such prior Bond Year. To secure its obligations hereunder, the Borrower hereby pledges the Operating Revenues (including the Revenues) to the Trustee, as assignee of the Authority hereunder. The Borrower shall provide to the Authority and the Trustee the name, location and account numbers of any accounts into which Operating Revenues will be deposited and will provide appropriate notice to the applicable financial institution of the security interest therein of the Trustee on behalf of the Bondholders. Notwithstanding the foregoing, so long as the Borrower has Net Operating Revenues that are at least equal to said month’s portion of items (a) through (ge) of Section 5.7 of the Indenture, then the Borrower may retain from Net Operating Revenues for such month the Borrower Administration Fee for such month.
(a) The Borrower agrees to pay, in repayment of the Loan, the amounts set forth in Section 5.1 above to the Trustee for the account of the Authority until the principal of, premium (if any) and interest on the Bonds shall have been paid or provision for payment shall have been made in accordance with the Indenture, in federal or other immediately available funds at the corporate trust office designated by the Trustee, and to cause the Trustee to apply such amounts to pay (i) the interest on the Bonds as it becomes due and (ii) the principal of and redemption premium, if any, on the Bonds as it becomes due (whether at maturity, by prior redemption or otherwise) in accordance with the terms of the Indenture. The Borrower may remit such funds net of accrued interest on investments on the funds and accounts held under the Indenture. In addition, the Borrower agrees to repay the principal of the Loan, plus interest accrued thereon until the date fixed for redemption of the Bonds to be redeemed with such repayment, in the amounts and at the times specified in Section 5.4 hereof.
(b) The Borrower further agrees to pay or cause to be paid all taxes and assessments, general or special, including, without limitation, all ad valorem taxes, concerning or in any way related to the Project, or any part thereof, and any other governmental charges and impositions whatsoever, foreseen or unforeseen, and all utility and other charges and assessments; provided, however, that the Borrower reserves the right to contest in good faith the legality of any tax or governmental charge concerning or in any way related to the Project.
(c) The Borrower further agrees to timely pay the premiums or other amounts required to be paid to maintain the insurance required by Sections 6.18, 6.19 and 6.20 hereof.
(d) The Borrower further agrees to pay, until the principal of and interest on all Outstanding Bonds shall have been fully paid, to the Trustee for deposit in the accounts of the Administration Fund established by the Indenture such amounts as the Trustee may from time to time request for deposit into the General Account of the Administration Fund the fees and ordinary expenses of the Trustee and the Paying Agent, the annual fees and expenses of the Oversight Agent as provided in the Administration Agreement, and into the Borrower Administration Fee Account of the Administration Fund the Borrower Administration Fee, all as provided in the Indenture; provided that the Trustee fees and expenses incurred in connection with the enforcement of the Regulatory Agreement and reasonable compensation or reimbursement for extraordinary services, indemnification, and expenses of the Trustee, as required by Section 8.5 of the Indenture shall be paid upon demand of the Trustee. The Borrower agrees to pay the cost of any rebate analyst in connection with the calculation of rebate (within the meaning of Section 148(f) of the Code) and to pay to the Trustee all amounts required to be remitted to the United States.
(e) The Borrower agrees to the establishment of the Repair and Replacement Fund as set forth in the Indenture. The Trustee shall deposit $ $0 of the proceeds of the Bonds on the Closing Date into the Restricted Account of the Repair and Replacement Fund. The Trustee shall deposit $ of funds available to the Borrower on the Closing Date into the Unrestricted Account of the Repair and Replacement Fund. [In addition, on or about the Unrestricted Account of the Repair and Replacement Fund.] Thereafter, there shall be deposited into the Unrestricted Account of the Repair and Replacement Fund the amounts required by Section 5.7(i5.7(g) of the Indenture. Moneys on deposit in the Repair and Replacement Fund shall be disbursed as provided in Section 5.13 of the Indenture and Section 6.22 of this Agreement.
(f) The Borrower agrees to the establishment of the Surplus Fund into which all remaining Net Operating Revenues will be deposited and disbursed in accordance with the terms of the Indenture.
Appears in 1 contract
Samples: Loan Agreement
Loan Repayment. The Loan shall be evidenced by the Note which shall be executed by the Borrower in the form attached hereto as Exhibit A. The Borrower agrees to pay to the Trustee, on behalf of the Authority, the principal of, premium (if any) and interest on the Loan at the times, in the manner, in the amount and at the rates of interest provided in the Note and this Agreement. To secure its obligations to repay the Loan, the Borrower will grant the Authority a security interest in the Project pursuant to the terms of the Deed of Trust and will take all actions necessary to perfect such security interest. In order to satisfy its obligations under this Section 5.1 and Section 5.2, the Borrower agrees to pay to the Trustee (i) on or prior to the thirteenth (13th) day of each month, commencing in 20142019, from budgeted Net Operating Revenues from the prior month, amounts sufficient to make the monthly deposits required by paragraphs (a) through (ge) of Section 5.7 of the Indenture and (ii) on or prior to the date that is 45 days following the end of each Bond Year, all remaining budgeted Net Operating Revenues from such prior Bond Year. To secure its obligations hereunder, the Borrower hereby pledges the Operating Revenues (including the Revenues) to the Trustee, as assignee of the Authority hereunder. The Borrower shall provide to the Authority and the Trustee the name, location and account numbers of any accounts into which Operating Revenues will be deposited and will provide appropriate notice to the applicable financial institution of the security interest therein of the Trustee on behalf of the Bondholders. Notwithstanding the foregoing, so long as the Borrower has Net Operating Revenues that are at least equal to said month’s portion of items (a) through (ge) of Section 5.7 of the Indenture, then the Borrower may retain from Net Operating Revenues for such month the Borrower Administration Fee for such month.
(a) The Borrower agrees to pay, in repayment of the Loan, the amounts set forth in Section 5.1 above to the Trustee for the account of the Authority until the principal of, premium (if any) and interest on the Bonds shall have been paid or provision for payment shall have been made in accordance with the Indenture, in federal or other immediately available funds at the corporate trust office designated by the Trustee, and to cause the Trustee to apply such amounts to pay (i) the interest on the Bonds as it becomes due and (ii) the principal of and redemption premium, if any, on the Bonds as it becomes due (whether at maturity, by prior redemption or otherwise) in accordance with the terms of the Indenture. The Borrower may remit such funds net of accrued interest on investments on the funds and accounts held under the Indenture. In addition, the Borrower agrees to repay the principal of the Loan, plus interest accrued thereon until the date fixed for redemption of the Bonds to be redeemed with such repayment, in the amounts and at the times specified in Section 5.4 hereof.
(b) The Borrower further agrees to pay or cause to be paid all taxes and assessments, general or special, including, without limitation, all ad valorem taxes, concerning or in any way related to the Project, or any part thereof, and any other governmental charges and impositions whatsoever, foreseen or unforeseen, and all utility and other charges and assessments; provided, however, that the Borrower reserves the right to contest in good faith the legality of any tax or governmental charge concerning or in any way related to the Project.
(c) The Borrower further agrees to timely pay the premiums or other amounts required to be paid to maintain the insurance required by Sections 6.18, 6.19 and 6.20 hereof.
(d) The Borrower further agrees to pay, until the principal of and interest on all Outstanding Bonds shall have been fully paid, to the Trustee for deposit in the accounts of the Administration Fund established by the Indenture such amounts as the Trustee may from time to time request for deposit into the General Account of the Administration Fund the fees and ordinary expenses of the Trustee and the Paying Agent, the annual fees and expenses of the Oversight Agent as provided in the Administration Agreement, and into the Borrower Administration Fee Account of the Administration Fund the Borrower Administration Fee, all as provided in the Indenture; provided that the Trustee fees and expenses incurred in connection with the enforcement of the Regulatory Agreement and reasonable compensation or reimbursement for extraordinary services, indemnification, and expenses of the Trustee, as required by Section 8.5 of the Indenture shall be paid upon demand of the Trustee. The Borrower agrees to pay the cost of any rebate analyst in connection with the calculation of rebate (within the meaning of Section 148(f) of the Code) and to pay to the Trustee all amounts required to be remitted to the United States.
(e) The Borrower agrees to the establishment of the Repair and Replacement Fund as set forth in the Indenture. The Trustee shall deposit $ of the proceeds of the Bonds on the Closing Date into the Restricted Account of the Repair and Replacement Fund. The Trustee shall deposit $ of funds available to the Borrower on the Closing Date into the Unrestricted Account of the Repair and Replacement Fund. Thereafter, there shall be deposited into the Unrestricted Account of the Repair and Replacement Fund the amounts required by Section 5.7(i5.7(g) of the Indenture. Moneys on deposit in the Repair and Replacement Fund shall be disbursed as provided in Section 5.13 of the Indenture and Section 6.22 of this Agreement.
(f) The Borrower agrees to the establishment of the Surplus Fund into which all remaining Net Operating Revenues will be deposited and disbursed in accordance with the terms of the Indenture.
Appears in 1 contract
Samples: Loan Agreement
Loan Repayment. The Loan shall be evidenced by the Note which shall be executed by the Borrower in the form attached hereto as Exhibit A. The Borrower agrees to pay to the Trustee, on behalf of the Authority, the principal of, premium (if any) and interest on the Loan at the times, in the manner, in the amount and at the rates of interest provided in the Note and this Agreement. To secure its obligations to repay the Loan, the Borrower will grant the Authority a security interest in the Project pursuant to the terms of the Deed of Trust and will take all actions necessary to perfect such security interest. In order to satisfy its obligations under this Section 5.1 and Section 5.2, the Borrower agrees to pay to the Trustee (i) on or prior to the thirteenth (13th) day of each month, commencing in 20142016, from budgeted Net Operating Revenues from the prior month, amounts sufficient to make the monthly deposits required by paragraphs (a) through (ge) of Section 5.7 of the Indenture and (ii) on or prior to the date that is 45 days following the end of each Bond Year, all remaining budgeted Net Operating Revenues from such prior Bond Year. To secure its obligations hereunder, the Borrower hereby pledges the Operating Revenues (including the Revenues) to the Trustee, as assignee of the Authority hereunder. The Borrower shall provide to the Authority and the Trustee the name, location and account numbers of any accounts into which Operating Revenues will be deposited and will provide appropriate notice to the applicable financial institution of the security interest therein of the Trustee on behalf of the Bondholders. Notwithstanding the foregoing, so long as the Borrower has Net Operating Revenues that are at least equal to said month’s portion of items (a) through (ge) of Section 5.7 of the Indenture, then the Borrower may retain from Net Operating Revenues for such month the Borrower Administration Fee for such month.
(a) The Borrower agrees to pay, in repayment of the Loan, the amounts set forth in Section 5.1 above to the Trustee for the account of the Authority until the principal of, premium (if any) and interest on the Bonds shall have been paid or provision for payment shall have been made in accordance with the Indenture, in federal or other immediately available funds at the corporate trust office designated by the Trustee, and to cause the Trustee to apply such amounts to pay (i) the interest on the Bonds as it becomes due and (ii) the principal of and redemption premium, if any, on the Bonds as it becomes due (whether at maturity, by prior redemption or otherwise) in accordance with the terms of the Indenture. The Borrower may remit such funds net of accrued interest on investments on the funds and accounts held under the Indenture. In addition, the Borrower agrees to repay the principal of the Loan, plus interest accrued thereon until the date fixed for redemption of the Bonds to be redeemed with such repayment, in the amounts and at the times specified in Section 5.4 hereof.
(b) The Borrower further agrees to pay or cause to be paid all taxes and assessments, general or special, including, without limitation, all ad valorem taxes, concerning or in any way related to the Project, or any part thereof, and any other governmental charges and impositions whatsoever, foreseen or unforeseen, and all utility and other charges and assessments; provided, however, that the Borrower reserves the right to contest in good faith the legality of any tax or governmental charge concerning or in any way related to the Project.
(c) The Borrower further agrees to timely pay the premiums or other amounts required to be paid to maintain the insurance required by Sections 6.18, 6.19 and 6.20 hereof.
(d) The Borrower further agrees to pay, until the principal of and interest on all Outstanding Bonds shall have been fully paid, to the Trustee for deposit in the accounts of the Administration Fund established by the Indenture such amounts as the Trustee may from time to time request for deposit into the General Account of the Administration Fund the fees and ordinary expenses of the Trustee and the Paying Agent, the annual fees and expenses of the Oversight Agent as provided in the Administration Agreement, and into the Borrower Administration Fee Account of the Administration Fund the Borrower Administration Fee, all as provided in the Indenture; provided that the Trustee fees and expenses incurred in connection with the enforcement of the Regulatory Agreement and reasonable compensation or reimbursement for extraordinary services, indemnification, and expenses of the Trustee, as required by Section 8.5 of the Indenture shall be paid upon demand of the Trustee. The Borrower agrees to pay the cost of any rebate analyst in connection with the calculation of rebate (within the meaning of Section 148(f) of the Code) and to pay to the Trustee all amounts required to be remitted to the United States.
(e) The Borrower agrees to the establishment of the Repair and Replacement Fund as set forth in the Indenture. The Trustee shall deposit $ of the proceeds of the Bonds on the Closing Date into the Restricted Account of the Repair and Replacement Fund. The Trustee shall deposit $ of funds available to the Borrower on the Closing Date into the Unrestricted Account of the Repair and Replacement Fund. Thereafter, there shall be deposited into the Unrestricted Account of the Repair and Replacement Fund the amounts required by Section 5.7(i5.7(g) of the Indenture. Moneys on deposit in the Repair and Replacement Fund shall be disbursed as provided in Section 5.13 of the Indenture and Section 6.22 of this Agreement.
(f) The Borrower agrees to the establishment of the Surplus Fund into which all remaining Net Operating Revenues will be deposited and disbursed in accordance with the terms of the Indenture.
Appears in 1 contract
Samples: Loan Agreement
Loan Repayment. The Loan shall be evidenced by the Note which shall be executed by the Borrower in the form attached hereto as Exhibit A.
(a) The Borrower agrees to pay to the Trustee, on behalf of the Authority, the principal of, premium (if any) and interest on will repay the Loan at in accordance with the times, in the manner, in the amount and at the rates provisions of interest provided in the Note and this Agreement. To secure its obligations Notwithstanding anything to repay the Loancontrary contained herein, the Borrower will grant the Authority a security interest covenants that it shall make payments, at such times and in the Project pursuant such amount to the terms assure that payment of the Deed principal of Trust and will take all actions necessary to perfect such security interest. In order to satisfy its obligations under this Section 5.1 and Section 5.2premium, the Borrower agrees to pay to the Trustee (i) on or prior to the thirteenth (13th) day of each month, commencing in 2014, from budgeted Net Operating Revenues from the prior month, amounts sufficient to make the monthly deposits required by paragraphs (a) through (g) of Section 5.7 of the Indenture and (ii) on or prior to the date that is 45 days following the end of each Bond Year, all remaining budgeted Net Operating Revenues from such prior Bond Year. To secure its obligations hereunder, the Borrower hereby pledges the Operating Revenues (including the Revenues) to the Trustee, as assignee of the Authority hereunder. The Borrower shall provide to the Authority and the Trustee the name, location and account numbers of any accounts into which Operating Revenues will be deposited and will provide appropriate notice to the applicable financial institution of the security interest therein of the Trustee on behalf of the Bondholders. Notwithstanding the foregoing, so long as the Borrower has Net Operating Revenues that are at least equal to said month’s portion of items (a) through (g) of Section 5.7 of the Indenture, then the Borrower may retain from Net Operating Revenues for such month the Borrower Administration Fee for such month.
(a) The Borrower agrees to pay, in repayment of the Loan, the amounts set forth in Section 5.1 above to the Trustee for the account of the Authority until the principal of, premium (if any) , and interest on the Bonds shall have been paid or provision for payment shall have been be made in accordance with the Indenturewhen due, in federal or other immediately available funds at the corporate trust office designated by the Trustee, and to cause the Trustee to apply such amounts to pay (i) the interest on the Bonds as it becomes due and (ii) the principal of and redemption premium, if any, on the Bonds as it becomes due (whether at maturity, by prior call for redemption, by acceleration or otherwise (including, without limitation, any prepayment premium due with respect to the Bonds).
(b) Subject to the Borrower’s right of prepayment granted in Section 10.1 (or in connection with the corresponding redemption or otherwise) in accordance with under the terms of the Indenture. The Borrower may remit such funds net of accrued interest on investments on the funds and accounts held under the Indenture. In addition), the Borrower hereby acknowledges its indebtedness to the Issuer and agrees to repay make monthly payments, by 9:00 am Central time on the principal tenth (10th) day of each month (or, if such tenth (10th) day is not a Business Day, on the first (1st) Business Day which next follows such tenth (10th) day and which will be the Payment Date for purposes hereof) (each a “Payment Date”), commencing December 10, 2015, which monthly payments shall be in an amount which will equal the sum of each of the Loan, plus interest accrued thereon until following which will be due (whether at maturity or by redemption or acceleration or otherwise pursuant to the Indenture) on the next Payment Date or other date fixed for redemption upon which any of the Bonds to be redeemed with such repayment, in the amounts and at the times specified in Section 5.4 hereof.following items are payable) (“Basic Payments”):
(bi) The Borrower further agrees to pay or cause to be paid all taxes and assessments, general or special, including, without limitation, all ad valorem taxes, concerning or Amounts then due under the Note as provided in any way related to the Project, or any part thereof, and any other governmental charges and impositions whatsoever, foreseen or unforeseen, and all utility and other charges and assessments; provided, however, that the Borrower reserves the right to contest in good faith the legality of any tax or governmental charge concerning or in any way related to the Project.
(c) The Borrower further agrees to timely pay the premiums or other amounts required to be paid to maintain the insurance required by Sections 6.18, 6.19 and 6.20 hereof.
subsection (d) The Borrower further agrees to pay, until the principal of and interest on all Outstanding Bonds shall have been fully paid, to the Trustee for deposit in the accounts of the Administration Fund established by the Indenture such amounts as the Trustee may from time to time request for deposit into the General Account of the Administration Fund the fees (g) below;
(ii) Ordinary Fees and ordinary expenses Expenses of the Trustee and the Paying Agent, Rebate Analyst’s Fee;
(iii) To the annual fees and expenses of the Oversight Agent as provided extent sufficient amounts have not been deposited in the
(iv) Amounts required to be deposited in the Administration Agreement, Real Estate Taxes and into the Borrower Administration Fee Insurance Reserve Account of the Administration Servicing Fund under the Borrower Administration FeeSection 5.23 hereof and Schedule F attached hereto, all as provided in or under the IndentureMortgage for Real Estate Taxes and Insurance; provided that the Trustee fees and expenses incurred in connection with the enforcement of the Regulatory Agreement and reasonable compensation or reimbursement for extraordinary services, indemnification, and expenses of the Trustee, as required by Section 8.5 of the Indenture shall be paid upon demand of the Trustee. The Borrower agrees to pay the cost of any rebate analyst in connection with the calculation of rebate and
(within the meaning of Section 148(fv) of the Code) and to pay to the Trustee all amounts Amounts required to be remitted to the United States.
(e) The Borrower agrees to the establishment of the Repair and Replacement Fund as set forth deposited in the Indenture. The Trustee shall deposit $ of the proceeds of the Bonds on the Closing Date into the Restricted Replacement Reserve Account of the Repair Servicing Fund pursuant to Section 5.23 hereof and Replacement Fund. The Trustee shall deposit $ of funds available Schedule F.
(vi) Amounts required to be deposited in the Borrower on the Closing Date into the Unrestricted Operating Reserve Account of the Repair and Replacement Fund. Thereafter, there shall be deposited into the Unrestricted Account of the Repair and Replacement Servicing Fund the amounts required by pursuant to Section 5.7(i) of the Indenture. Moneys on deposit in the Repair and Replacement Fund shall be disbursed as provided in Section 5.13 of the Indenture and Section 6.22 of this Agreement.
(f) The Borrower agrees to the establishment of the Surplus Fund into which all remaining Net Operating Revenues will be deposited and disbursed in accordance with the terms of the Indenture.5.23
Appears in 1 contract
Samples: Loan Agreement
Loan Repayment. The Loan shall be evidenced by the Note which shall be executed by the Borrower in the form attached hereto as Exhibit A. The Borrower agrees to pay to the Trustee, on behalf of the Authority, the principal of, premium (if any) and interest on the Loan at the times, in the manner, in the amount and at the rates of interest provided in the Note and this Agreement. To secure its obligations to repay the Loan, the Borrower will grant the Authority a security interest in the Project pursuant to the terms of the Deed of Trust and will take all actions necessary to perfect such security interest. In order to satisfy its obligations under this Section 5.1 and Section 5.2, the Borrower agrees to pay to the Trustee (i) on or prior to the thirteenth (13th) day of each month, commencing in 20142019, from budgeted Net Operating Revenues from the prior month, amounts sufficient to make the monthly deposits required by paragraphs (a) through (g) of Section 5.7 of the Indenture and (ii) on or prior to the date that is 45 days following the end of each Bond Year, all remaining budgeted Net Operating Revenues from such prior Bond Year. To secure its obligations hereunder, the Borrower hereby pledges the Operating Revenues (including the Revenues) to the Trustee, as assignee of the Authority hereunder. The Borrower shall provide to the Authority and the Trustee the name, location and account numbers of any accounts into which Operating Revenues will be deposited and will provide appropriate notice to the applicable financial institution of the security interest therein of the Trustee on behalf of the Bondholders. Notwithstanding the foregoing, so long as the Borrower has Net Operating Revenues that are at least equal to said month’s portion of items (a) through (g) of Section 5.7 of the Indenture, then the Borrower may retain from Net Operating Revenues for such month the Borrower Administration Fee for such month.
(a) The Borrower agrees to pay, in repayment of the Loan, the amounts set forth in Section 5.1 above to the Trustee for the account of the Authority until the principal of, premium (if any) and interest on the Bonds shall have been paid or provision for payment shall have been made in accordance with the Indenture, in federal or other immediately available funds at the corporate trust office designated by the Trustee, and to cause the Trustee to apply such amounts to pay (i) the interest on the Bonds as it becomes due and (ii) the principal of and redemption premium, if any, on the Bonds as it becomes due (whether at maturity, by prior redemption or otherwise) in accordance with the terms of the Indenture. The Borrower may remit such funds net of accrued interest on investments on the funds and accounts held under the Indenture. In addition, the Borrower agrees to repay the principal of the Loan, plus interest accrued thereon until the date fixed for redemption of the Bonds to be redeemed with such repayment, in the amounts and at the times specified in Section 5.4 hereof.
(b) The Borrower further agrees to pay or cause to be paid all taxes and assessments, general or special, including, without limitation, all ad valorem taxes, concerning or in any way related to the Project, or any part thereof, and any other governmental charges and impositions whatsoever, foreseen or unforeseen, and all utility and other charges and assessments; provided, however, that the Borrower reserves the right to contest in good faith the legality of any tax or governmental charge concerning or in any way related to the Project.
(c) The Borrower further agrees to timely pay the premiums or other amounts required to be paid to maintain the insurance required by Sections 6.18, 6.19 and 6.20 hereof.
(d) The Borrower further agrees to pay, until the principal of and interest on all Outstanding Bonds shall have been fully paid, to the Trustee for deposit in the accounts of the Administration Fund established by the Indenture such amounts as the Trustee may from time to time request for deposit into the General Account of the Administration Fund the fees and ordinary expenses of the Trustee and the Paying Agent, the annual fees and expenses of the Oversight Agent as provided in the Administration Agreement, and into the Borrower Administration Fee Account of the Administration Fund the Borrower Administration Fee, all as provided in the Indenture; provided that the Trustee fees and expenses incurred in connection with the enforcement of the Regulatory Agreement and reasonable compensation or reimbursement for extraordinary services, indemnification, and expenses of the Trustee, as required by Section 8.5 of the Indenture shall be paid upon demand of the Trustee. The Borrower agrees to pay the cost of any rebate analyst in connection with the calculation of rebate (within the meaning of Section 148(f) of the Code) and to pay to the Trustee all amounts required to be remitted to the United States.
(e) The Borrower agrees to the establishment of the Repair and Replacement Fund as set forth in the Indenture. The Trustee shall deposit $ of the proceeds of the Series A Bonds on the Closing Date into in to the Restricted Account of the Repair and Replacement Fund. The Trustee shall deposit $ of funds available to the Borrower proceeds of the Series B Bonds on the Closing Date into in to the Unrestricted Account of the Repair and Replacement Fund. Thereafter, there shall be deposited into the Unrestricted Account of the Repair and Replacement Fund the amounts required by Section 5.7(i5.7(j) of the Indenture. Moneys on deposit in the Repair and Replacement Fund shall be disbursed as provided in Section 5.13 5.15 of the Indenture and Section 6.22 of this Agreement.
(f) The Borrower agrees to the establishment of the Surplus Fund into which all remaining Net Operating Revenues will be deposited and disbursed in accordance with the terms of the Indenture.Section
Appears in 1 contract
Samples: Loan Agreement
Loan Repayment. The Loan shall be evidenced by the Note which shall be executed by the Borrower in the form attached hereto as Exhibit A. The Borrower agrees to pay to the Trustee, on behalf of the Authority, the principal of, premium (if any) and interest on the Loan at the times, in the manner, in the amount and at the rates of interest provided in the Note and this Agreement. To secure its obligations to repay the Loan, the Borrower will grant the Authority a security interest in the Project pursuant to the terms of the Deed of Trust and will take all actions necessary to perfect such security interest. In order to satisfy its obligations under this Section 5.1 and Section 5.2, the Borrower agrees to pay to the Trustee (i) on or prior to the thirteenth (13th) day of each month, commencing in 201420 , from budgeted Net Operating Revenues from the prior month, amounts sufficient to make the monthly deposits required by paragraphs (a) through (g) of Section 5.7 of the Indenture and (ii) on or prior to the date that is 45 days following the end of each Bond Year, all remaining budgeted Net Operating Revenues from such prior Bond Year. To secure its obligations hereunder, the Borrower hereby pledges the Operating Revenues (including the Revenues) to the Trustee, as assignee of the Authority hereunder. The Borrower shall provide to the Authority and the Trustee the name, location and account numbers of any accounts into which Operating Revenues will be deposited and will provide appropriate notice to the applicable financial institution of the security interest therein of the Trustee on behalf of the Bondholders. Notwithstanding the foregoing, so long as the Borrower has Net Operating Revenues that are at least equal to said month’s portion of items (a) through (g) of Section 5.7 of the Indenture, then the Borrower may retain from Net Operating Revenues for such month the Borrower Administration Fee for such month.
(a) The Borrower agrees to pay, in repayment of the Loan, the amounts set forth in Section 5.1 above to the Trustee for the account of the Authority until the principal of, premium (if any) and interest on the Bonds shall have been paid or provision for payment shall have been made in accordance with the Indenture, in federal or other immediately available funds at the corporate trust office designated by the Trustee, and to cause the Trustee to apply such amounts to pay (i) the interest on the Bonds as it becomes due and (ii) the principal of and redemption premium, if any, on the Bonds as it becomes due (whether at maturity, by prior redemption or otherwise) in accordance with the terms of the Indenture. The Borrower may remit such funds net of accrued interest on investments on the funds and accounts held under the Indenture. In addition, the Borrower agrees to repay the principal of the Loan, plus interest accrued thereon until the date fixed for redemption of the Bonds to be redeemed with such repayment, in the amounts and at the times specified in Section 5.4 hereof.
(b) The Borrower further agrees to pay or cause to be paid all taxes and assessments, general or special, including, without limitation, all ad valorem taxes, concerning or in any way related to the Project, or any part thereof, and any other governmental charges and impositions whatsoever, foreseen or unforeseen, and all utility and other charges and assessments; provided, however, that the Borrower reserves the right to contest in good faith the legality of any tax or governmental charge concerning or in any way related to the Project.
(c) The Borrower further agrees to timely pay the premiums or other amounts required to be paid to maintain the insurance required by Sections 6.18, 6.19 and 6.20 hereof.
(d) The Borrower further agrees to pay, until the principal of and interest on all Outstanding Bonds shall have been fully paid, to the Trustee for deposit in the accounts of the Administration Fund established by the Indenture such amounts as the Trustee may from time to time request for deposit into the General Account of the Administration Fund the fees and ordinary expenses of the Trustee and the Paying Agent, the annual fees and expenses of the Oversight Agent as provided in the Administration Agreement, and into the Borrower Administration Fee Account of the Administration Fund the Borrower Administration Fee, all as provided in the Indenture; provided that the Trustee fees and expenses incurred in connection with the enforcement of the Regulatory Agreement and reasonable compensation or reimbursement for extraordinary services, indemnification, and expenses of the Trustee, as required by Section 8.5 of the Indenture shall be paid upon demand of the Trustee. The Borrower agrees to pay the cost of any rebate analyst in connection with the calculation of rebate (within the meaning of Section 148(f) of the Code) and to pay to the Trustee all amounts required to be remitted to the United States.
(e) The Borrower agrees to the establishment of the Repair and Replacement Fund as set forth in the Indenture. The Trustee shall deposit $ of the proceeds of the Bonds on the Closing Date into the Restricted Account of the Repair and Replacement Fund. The Trustee shall deposit $ of funds available to the Borrower on the Closing Date into the Unrestricted Account of the Repair and Replacement Fund. Thereafter, there shall be deposited into the Unrestricted Account of the Repair and Replacement Fund the amounts required by Section 5.7(i) of the Indenture. Moneys on deposit in the Repair and Replacement Fund shall be disbursed as provided in Section 5.13 of the Indenture and Section 6.22 of this Agreement.
(f) The Borrower agrees to the establishment of the Surplus Fund into which all remaining Net Operating Revenues will be deposited and disbursed in accordance with the terms of the Indenture.
Appears in 1 contract
Samples: Loan Agreement