Other Amounts Payable. The School District hereby expressly agrees to pay: Upon the issuance and sale of the Authority Bonds, the initial financing fee, the Authority’s annual administrative fee and the School District’s Proportionate Share (or such other portion thereof as shall be agreed upon by the School District and the Authority) of the costs and expenses of the Authority in the preparation, sale and delivery of the Authority Bonds, the preparation and delivery of any legal instruments, closing transcripts and documents necessary in connection herewith and therewith and their filing and recording, if required, and all taxes and charges payable in connection with any of the foregoing, all as specified in the Notice of Terms. Such costs shall be payable from the sources identified in Exhibit C hereto and shall be in the amount specified in the Notice of Terms, subject to the limit set forth in Exhibit C; When due, other Costs of Issuance payable to consultants and attorneys utilized by the School District in connection with the issuance of the School District Bonds as set forth in the Notice of Terms; As such expenses are incurred, the amount of any Authority expenses (including but not limited to investment losses and the reasonable fees and expenses of the Authority, the Trustee, the owners of Authority Bonds, and attorneys representing any of the foregoing) incurred as a result of the School District’s failure to make any payment on the School District Bonds when due or failure to otherwise comply with the terms of this Financing Agreement or the School District Bonds; and In the event that after the date set forth in the first sentence of Section 3.1(A)(ii) hereof the School District does not proceed to the closing of the Loan, the School District shall pay to the Authority the fees of the Authority’s bond counsel incurred with respect to the School District’s Loan.
Appears in 6 contracts
Samples: Financing Agreement, Financing Agreement, Financing Agreement
Other Amounts Payable. The School District hereby expressly agrees to pay: Upon the issuance and sale of the Authority Bonds, the initial financing fee, the Authority’s annual administrative fee and the School District’s Proportionate Share (or such other portion thereof as shall be agreed upon by the School District and the Authority) of the costs and expenses of the Authority in the preparation, sale and delivery of the Authority Bonds and the refunding of the Prior Authority Bonds, the preparation and delivery of any legal instruments, closing transcripts and documents necessary in connection herewith and therewith and their filing and recording, if required, and all taxes and charges payable in connection with any of the foregoing, all as specified in the Notice of Terms. Such costs shall be payable from the sources identified in Exhibit C hereto and shall be in the amount specified in the Notice of Terms, subject to the limit set forth in Exhibit C; When due, other Costs of Issuance payable to consultants and attorneys utilized by the School District in connection with the issuance of the School District Bonds as set forth in the Notice of Terms; As such expenses are incurred, the amount of any Authority expenses (including but not limited to investment losses and the reasonable fees and expenses of the Authority, the Trustee, the owners of Authority Bonds, and attorneys representing any of the foregoing) incurred as a result of the School District’s failure to make any payment on the School District Bonds when due or failure to otherwise comply with the terms of this Financing Agreement or the School District Bonds; and In the event that after the date set forth in the first sentence of Section 3.1(A)(ii) hereof the School District does not proceed to the closing of the Loan, the School District shall pay to the Authority the fees of the Authority’s bond counsel incurred with respect to the School District’s Loan.
Appears in 2 contracts
Samples: Financing Agreement, Financing Agreement
Other Amounts Payable. (A) The School District Borrower hereby further expressly agrees to pay: Upon pay to the issuance Trustee as and sale of when the Authority Bondssame shall become due, the initial financing fee(i) an amount, the Authority’s annual administrative fee and the School District’s Proportionate Share (or such other portion thereof as shall may be agreed upon by from time to time between the School District Borrower and the Authority) Trustee and/or the Paying Agent, equal to the initial and annual fees of the costs Trustee for the ordinary services of the Trustee rendered and its ordinary expenses incurred under the Indenture, including fees and expenses as registrar and in connection with the preparation of new Bonds upon exchanges or transfers, and the fees and expenses of the Authority Trustee and any Paying Agents on the Bonds for acting as paying agents as provided in the preparationIndenture, sale including the reasonable fees and delivery expenses of its counsel and (ii) the reasonable fees and expenses of the Authority BondsTrustee for extraordinary services rendered by it and extraordinary expenses incurred by it under the Indenture, the preparation including reasonable counsel fees and delivery of any legal instruments, closing transcripts and documents necessary in connection herewith and therewith and their filing and recording, if required, and all taxes and charges payable in connection with any of the foregoing, all as specified in the Notice of Terms. Such costs shall be payable from the sources identified in Exhibit C hereto and shall be in the amount specified in the Notice of Terms, subject to the limit set forth in Exhibit C; When due, other Costs of Issuance payable to consultants and attorneys utilized by the School District in connection with the issuance of the School District Bonds as set forth in the Notice of Terms; As such expenses are incurred, the amount of any Authority expenses (including but not limited to investment losses and iii) the reasonable fees and expenses of the Authority, including the Trusteereasonable fees and expenses of its counsel, incurred by the owners of Authority Bonds, and attorneys representing any of the foregoing) incurred as a result of an Event of Default or otherwise enforcing this Agreement, (iv) the School District’s failure reasonable fees and expenses of the Bondholder as a result of an Event of Default or otherwise enforcing this Agreement and for any consent, waiver or amendment relating to make the Indenture or any payment on of the School District Bonds when due or failure Financing Documents, including reasonable fees and expenses of counsel for such Bondholders, and (v) any other sums required to otherwise comply with be paid by the Borrower under the terms of this the Indenture and the Note.
(B) The Borrower also agrees to pay all amounts payable by it under the Tax Regulatory Agreement, including any expenses of the Authority incurred in connection with rebate compliance pursuant to the Tax Regulatory Agreement, and the Financing Agreement or Documents at the School District Bonds; time and In the event that after the date set forth in the first sentence of Section 3.1(A)(iimanner therein provided.
(C) hereof The Borrower also agrees to fund, replenish and maintain all amounts required to be funded, replenished and maintained in the School District does not proceed to the closing Funds and Accounts established in and as required by Article V of the Loan, the School District shall Indenture.
(D) The Borrower also agrees to pay directly to the Authority on the fees date of issuance of the Bonds a fee equal to 1/2 of 1% of the principal amount of the Initial Bonds, such fee to be payable, without notice, demand or invoice of any kind at the Authority’s bond counsel incurred with respect 's address as set forth herein or at such other address and to the School District’s Loanattention of such other person, or to such account as the Authority may stipulate by written notice to the Borrower.
(E) The Borrower also agrees to perform all obligations required to be performed by it under the Indenture in accordance with its terms.
(F) The Borrower also agrees to pay, or cause to be paid, when due, any amounts necessary to redeem Bonds which have been called for redemption under the Indenture (including, if any applicable premiums thereon).
Appears in 1 contract