Common use of Mandatory Terms of Facility Debt, Funding Agreements and Security Documents Clause in Contracts

Mandatory Terms of Facility Debt, Funding Agreements and Security Documents. Facility Debt, Funding Agreements and Security Documents and any amendments or supplements thereto, shall comply with the following terms and conditions. 4.3.1 The Security Documents may only secure Facility Debt the proceeds of which are obligated to be used exclusively for the purposes of (a) acquiring, designing, permitting, building, constructing, improving, equipping, modifying, operating, maintaining, reconstructing, restoring, rehabilitating, renewing or replacing the Facility, performing the Utility Adjustment Work or the Renewal Work, or performing other Work, (b) paying interest on such Facility Debt and principal and interest on other existing Facility Debt, (c) paying reasonable development fees to Developer-Related Entities or to the Design-Build Contractor or its affiliates for services related to the Facility, (d) paying fees and premiums to any Lender of the Facility Debt or such Lender’s agents, (e) paying costs and fees in connection with the closing of any permitted Facility Debt, (f) making payments due under the CDA Documents to TxDOT or any other Person, (g) funding reserves required under this Agreement, Funding Agreements or Security Documents, applicable securities laws, or Environmental Laws, (h) making Distributions, but only from the proceeds of Refinancings permitted under this Agreement, and (i) refinancing any Facility Debt under clauses (a) through (h) above. 4.3.2 The Security Documents may only secure Facility Debt and Funding Agreements issued and executed by (a) Developer, (b) its permitted successors and assigns,

Mandatory Terms of Facility Debt, Funding Agreements and Security Documents. Facility Debt, Funding Agreements and Security Documents and any amendments or supplements thereto, shall comply with the following terms and conditions. 4.3.1 The Security Documents may only secure Facility Debt the proceeds of which are obligated to be used exclusively for the purposes of (a) acquiring, designing, permitting, building, constructing, improving, equipping, modifying, operating, maintaining, reconstructing, restoring, rehabilitating, renewing or replacing the Facility, performing the Utility Adjustment Work or the Renewal Work, or performing other Work, (b) paying interest on such Facility Debt and principal and interest on other existing Facility Debt, (c) paying reasonable development fees to Developer-Related Entities or to the Design-Build Contractor or its affiliates for services related to the Facility, (d) paying fees and premiums to any Lender of the Facility Debt or such Lender’s agents, (e) paying costs and fees in connection with the closing of any permitted Facility Debt, (f) making payments due under the CDA Documents to TxDOT or any other Person, (g) funding reserves required under this Agreement, Funding Agreements or Security Documents, applicable securities laws, or Environmental Laws, (h) making Distributions, but only from the proceeds of Refinancings permitted under this Agreement, and (i) refinancing any Facility Debt under clauses (a) through (h) above.through 4.3.2 The Security Documents may only secure Facility Debt and Funding Agreements issued and executed by (a) Developer, (b) its permitted successors and assigns,

Mandatory Terms of Facility Debt, Funding Agreements and Security Documents. Facility Debt, Funding Agreements and Security Documents and any amendments or supplements thereto, shall comply with the following terms and conditions. 4.3.1 The Security Documents may only secure Facility Debt the proceeds of which are obligated to be used exclusively for the purposes of (a) acquiring, designing, permitting, building, constructing, improving, equipping, modifying, operating, maintaining, reconstructing, restoring, rehabilitating, renewing or replacing the Facility, performing the Utility Adjustment Work or the Renewal Work, or performing other Work, (b) paying interest on such Facility Debt and principal and interest on other existing Facility Debt, (c) paying reasonable development fees to Developer-Related Entities or to the Design-Build Contractor or its affiliates for services related to the Facility, (d) paying fees and premiums to any Lender of the Facility Debt or such Lender’s agents, (e) paying costs and fees in connection with the closing of any permitted Facility Debt, (f) making payments due under the CDA Documents to TxDOT or any other Person, (g) funding reserves required under this Agreement, Funding Agreements or Security Documents, applicable securities laws, or Environmental Laws, (h) making Distributions, but only from the proceeds of Refinancings permitted under this Agreement, and (i) refinancing any Facility Debt under clauses (a) through (h) above.Refinancings 4.3.2 The Security Documents may only secure Facility Debt and Funding Agreements issued and executed by (a) Developer, (b) its permitted successors and assigns,