Payment of Principal, Premium and Interest; Payments Pledged. (a) The Borrower will duly and punctually pay the principal of, premium, if any, and interest on the Notes at the rates and the places and in the manner mentioned in the Notes and this Loan Agreement, according to the true intent and meaning thereof and hereof as follows: on or before any Interest Payment Date for the Bonds or any other date that any payment of interest, premium, if any, or principal is required to be made in respect of the Bonds pursuant to the Indenture, until the principal of, premium, if any, and interest on the Bonds shall have been fully paid or provision for the payment thereof shall have been made in accordance with the Indenture, it will pay in immediately available funds, a sum which, together with any moneys available for such payment in the Bond Fund and the Capitalized Interest Account, will enable the Trustee to pay the amount payable on such date as principal of (whether at maturity or upon redemption, or acceleration or otherwise), premium, if any, and interest on the Bonds as provided in the Indenture; provided however, notwithstanding any other provision in this Loan Agreement, the Borrower’s obligation to make payments on the Notes shall be payable solely from the Lease Rental Payments received by the Borrower under the Lease. Section 4.4 of the Indenture provides that the Issuer shall deposit in the Bond Fund on or before each January 15 and July 15, beginning on , 20 , the Lease Rental Payments assigned to the Trustee pursuant to this Loan Agreement, for the payment of the Series 20 Bonds. Such transfers shall be a credit against and serve to reduce the Borrower’s obligations to make payments under the Notes and this Loan Agreement.
Payment of Principal, Premium and Interest; Payments Pledged. (a) To the extent that the TIF Revenues received by the Issuer are insufficient to pay such amounts, the Company agrees to pay the Annual Fees; provided, however, that the Company may, without creating a default under the Financing Agreement, contest in good faith the necessity for any such extraordinary services and extraordinary expenses and the reasonableness of any such fees, charges or expenses.
Payment of Principal, Premium and Interest; Payments Pledged. (a) Subject to the provisions of Section 11.13 of the Indenture, the WLCDC will duly and punctually pay the principal of, premium, if any, and interest on the Notes at the rates and the places and in the manner mentioned in the Series 2016 Note and this Agreement according to the true intent and meaning thereof and hereof, but solely to the extent that Sublease Revenues are available for such purpose, as follows: on or before any Interest Payment Date for the Bonds or any other date that any payment of interest or principal is required to be made in respect of the Bonds pursuant to the Indenture, until the principal of and interest on the Bonds shall have been fully paid or provision for the payment thereof shall have been made in accordance with the Indenture, it will pay in immediately available funds, a sum which, together with any moneys available for such payment in the Bond Fund (including without limitation any Sublease Revenues), will enable the Trustee to pay the amount payable on such date as principal of (whether at maturity or upon redemption or acceleration or otherwise), premium, if any, and interest on the Bonds as provided in the Indenture.
Payment of Principal, Premium and Interest; Payments Pledged. (a) The Company agrees to pay directly to the Trustee so long as there are Bonds Outstanding (i) all fees, charges and expenses, including agent and counsel fees, of the Trustee and the paying agents incurred under the 2024C Indenture, as and when the same become due; (ii) all costs incident to the payment of the principal of, premium, if any, and interest on the Bonds as the same become due and payable, including all costs and expenses in connection with the call, redemption and payment of Bonds; (iii) an amount sufficient to reimburse the Issuer for all expenses incurred by the Issuer under the 2024C Financing Agreement and in connection with the performance of its obligations under the 2024C Financing Agreement or the 2024C Indenture; (iv) all expenses incurred in connection with the enforcement of any rights under the 2024C Financing Agreement or the 2024C Indenture by the Issuer, the Trustee or the Bondholders; and (v) all other payments of whatever nature which the Company has agreed to pay or assume under the provisions of the 2024C Financing Agreement; provided, however, that the Company may, without creating a default under the 2024C Financing Agreement, contest in good faith the necessity for any such extraordinary services and extraordinary expenses and the reasonableness of any such fees, charges or expenses.
Payment of Principal, Premium and Interest; Payments Pledged. Subject to Section 3.9 and to the extent that the TIF Revenues received by the Commission are insufficient to pay such amounts, the Company agrees to pay the Annual Fees; provided, however, that the Company may, without creating a default under the Financing Agreement, contest in good faith the necessity for any such extraordinary services and extraordinary expenses and the reasonableness of any such fees, charges, or expenses. Should Company be required to make payments or cover any costs under this Financing Agreement, then the Commission shall reimburse the Company from any future excess TIF Revenues.
Payment of Principal, Premium and Interest; Payments Pledged. 11 Section 3.3. Maintenance of Corporate Existence 12 Section 3.4. Reserved 13 Section 3.5. Indemnity 13 Section 3.6. Payment of Expenses of Issuance of Series 2022 Bonds 14 Section 3.8. Funding of Indenture Funds; Investments 14 Section 3.9. Credits on Notes 14
Payment of Principal, Premium and Interest; Payments Pledged. To the extent that the TIF Revenues received by the Issuer are insufficient to pay such amounts, the Company agrees to pay the Annual Fees; provided, however, that the Company may, without creating a default under the Financing Agreement, contest in good faith the necessity for any such extraordinary services and extraordinary expenses and the reasonableness of any such fees, charges or expenses. The Company covenants and agrees with and for the express benefit of the Issuer, the Trustee and the owners of the Bonds, that the Company shall perform all of its other obligations, covenants and agreements hereunder, without notice or demand (except as provided herein), and without abatement, deduction, reduction, diminution, waiver, abrogation, set-off, counterclaim, recoupment, defense or other modification or any right of termination or cancellation arising from any circumstance whatsoever, whether now existing or hereafter arising, and regardless of any act of God, contingency, event or cause whatsoever, and irrespective (without limitation) of whether the Project or the Company’s title to the Facilities or any part thereof is defective or nonexistent, or whether the Company’s revenues are sufficient to make such payments, and notwithstanding any damage to, or loss, theft or destruction of, the Project or Facilities or any part thereof, expiration of this Financing Agreement, any failure of consideration or frustration of purpose, the taking by eminent domain or otherwise of title to or of the right of temporary use of, all or any part of the Project or Facilities, legal curtailment of the Company’s use thereof, or whether with or without the approval of the Issuer, any change in the tax or other laws of the United States of America, the State of Indiana, or any political subdivision of either thereof, any change in the Issuer’s legal organization or status, or any default of the Issuer hereunder, and regardless of the invalidity of any portion of this Financing Agreement; and the Company hereby waives the provisions of any statute or other law now or hereafter in effect impairing or conflicting with any of its obligations, covenants or agreements under this Financing Agreement or which releases or purports to release the Company therefrom. Nothing in this Financing Agreement shall be construed as a waiver by the Company of any rights or claims the Company may have against the Issuer under this Financing Agreement or otherwise, but any recovery upon such...
