Common use of Performance of Covenants; Authority Clause in Contracts

Performance of Covenants; Authority. The District shall faithfully perform at all times any and all covenants, undertakings, stipulations and provisions set forth in this Indenture, in any and every Bond executed, authenticated and delivered hereunder and in all of its resolutions and proceedings pertaining hereto. The District is duly authorized under the Constitution and laws of the State, including particularly and without limitation the Act, to issue the Bonds authorized hereby and to execute this Indenture, and to pledge the receipts and amounts hereby pledged in the manner and to the extent set forth herein. All action taken by the District in connection with the execution and delivery of this Indenture has been duly and effectively taken, such that the Bonds in the hands of the Owners thereof when and as issued will be valid and enforceable obligations of the District according to the terms thereof and of this Indenture. Conditions Precedent. Upon the date of issuance of the Bonds, all conditions, acts and things required by the Constitution and laws of the State, including but not limited to the Act, and resolutions of the District to exist, to have happened and to have been performed precedent to or in the issuance of the Bonds shall exist, have happened, and have been performed; and the Bonds, together with all other obligations of the District, shall be within every debt and other limitation prescribed by the State Constitution or laws of the State, including, without limitation, the Act. Collection of Sales Tax. The District covenants and agrees that, so long as any of the Securities payable in whole or in part from the Sales Tax Revenues remain Outstanding, the District shall, in accordance with the provisions of the Act impose, administer and enforce, or shall cause to be imposed, administered or enforced, the Sales Tax, shall collect or cause to be collected the Sales Tax Revenues and shall not take any action or omit to take any action to reduce, impair, repeal or otherwise adversely impact the imposition, administration, enforceability and collectability of the Sales Tax and Sales Tax Revenues. Prompt Collections. The District will cause the Sales Tax Revenues to be collected promptly and to be accounted for in the Funds and the Rebate Fund as herein provided, subject to the provisions of the Act and the Constitution and laws of the State.

Performance of Covenants; Authority. The District shall Authority covenants that it will faithfully perform and observe at all times any and all covenants, undertakings, stipulations stipulations, and provisions contained in the Authorizing Resolution, this Agreement, the 2020 Senior Note, the other Financing Documents and all its proceedings pertaining thereto as though such covenants, undertakings, stipulations, and provisions were set forth in full herein (for the purpose of this Indenture, provision the Financing Documents shall be deemed to continue in full force and effect notwithstanding any and every Bond executed, authenticated and delivered hereunder and in all earlier termination thereof so long as any obligation of its resolutions and proceedings pertaining heretothe Authority under this Agreement shall be unpaid or unperformed). The District Authority covenants, represents, warrants and agrees that it is duly authorized under the Constitution constitution and laws of the StateState of Colorado, including including, particularly and without limitation limitation, the Act, to issue incur the Bonds authorized hereby 2020 Senior Loan and to execute and deliver the 2020 Senior Note, this IndentureAgreement, and the other Financing Documents, and to pledge the receipts Pledged Revenue and amounts hereby pledged the Pledged Collateral in the manner and to the extent herein and in the Custodial Agreement set forth herein. All forth, and that all action taken by on its part for the District in connection with incurrence of the 2020 Senior Loan and the execution and delivery of the 2020 Senior Note, this Indenture Agreement, and the other Financing Documents and the pledge of the Pledged Revenue and Pledged Collateral in the manner and to the extent herein and in the Custodial Agreement set forth, has been duly and effectively takentaken and will be duly taken as provided herein, such and that the Bonds in 2020 Senior Loan, the hands of 2020 Senior Note, this Agreement, and the Owners thereof when other Financing Documents are and as issued will be valid and enforceable obligations of the District Authority according to the terms thereof hereof and of this Indenture. Conditions Precedent. Upon the date of issuance of the Bonds, all conditions, acts and things required by the Constitution and laws of the State, including but not limited to the Act, and resolutions of the District to exist, to have happened and to have been performed precedent to or in the issuance of the Bonds shall exist, have happened, and have been performed; and the Bonds, together with all other obligations of the District, shall be within every debt and other limitation prescribed by the State Constitution or laws of the State, including, without limitation, the Act. Collection of Sales Tax. The District covenants and agrees that, so long as any of the Securities payable in whole or in part from the Sales Tax Revenues remain Outstanding, the District shall, in accordance with the provisions of the Act impose, administer and enforce, or shall cause to be imposed, administered or enforced, the Sales Tax, shall collect or cause to be collected the Sales Tax Revenues and shall not take any action or omit to take any action to reduce, impair, repeal or otherwise adversely impact the imposition, administration, enforceability and collectability of the Sales Tax and Sales Tax Revenues. Prompt Collections. The District will cause the Sales Tax Revenues to be collected promptly and to be accounted for in the Funds and the Rebate Fund as herein provided, subject to the provisions of the Act and the Constitution and laws of the Statethereof.

Performance of Covenants; Authority. The District shall Authority covenants that it will faithfully perform on its part at all times any and all covenants, undertakings, stipulations and provisions set forth contained in this Indenture, in any and every Bond executed, authenticated and delivered hereunder and in all of its resolutions and proceedings pertaining heretothereto; provided, however, that except for the matters set forth in any documents hereof relating to payment of the Bonds, the Authority shall not be obligated to take any action or execute any instrument pursuant to any provision hereof until it shall have been requested to do so by the Borrower or by the Trustee, or shall have received the instrument to be executed and at the option of the Authority shall have received from the party requesting such action or execution assurance satisfactory to the Authority that the Authority shall be reimbursed for its reasonable expenses, including legal counsel fees, incurred or to be incurred in connection with taking such action or executing such instrument. The District Authority covenants that it is duly authorized under the Constitution and the laws of the State, including particularly the Act and without limitation the Actresolution of the Authority authorizing the issuance of the Bonds, to issue the Bonds authorized hereby and to execute this Indenture, to grant the security interest herein provided, to assign and pledge the Loan Agreement and the Note (except as otherwise provided herein) and to assign and pledge the receipts and amounts hereby assigned and pledged in the manner and to the extent herein set forth herein. All forth, that all action taken by on its part for the District in connection with issuance of the Bonds and the execution and delivery of this Indenture has been duly and effectively taken, such and that the Bonds in the hands of the Owners owners thereof when are and as issued will be valid and enforceable obligations of the District Authority according to the terms thereof and of hereof. Anything contained in this Indenture. Conditions Precedent. Upon Indenture to the date of issuance contrary notwithstanding, it is hereby understood that none of the Bonds, all conditions, acts and things required by the Constitution and laws covenants of the State, including but not limited Authority contained in this Indenture are intended to the Act, and resolutions create a general or primary obligation of the District to exist, to have happened and to have been performed precedent to or in the issuance of the Bonds shall exist, have happened, and have been performed; and the Bonds, together with all other obligations of the District, shall be within every debt and other limitation prescribed by the State Constitution or laws of the State, including, without limitation, the Act. Collection of Sales Tax. The District covenants and agrees that, so long as any of the Securities payable in whole or in part from the Sales Tax Revenues remain Outstanding, the District shall, in accordance with the provisions of the Act impose, administer and enforce, or shall cause to be imposed, administered or enforced, the Sales Tax, shall collect or cause to be collected the Sales Tax Revenues and shall not take any action or omit to take any action to reduce, impair, repeal or otherwise adversely impact the imposition, administration, enforceability and collectability of the Sales Tax and Sales Tax Revenues. Prompt Collections. The District will cause the Sales Tax Revenues to be collected promptly and to be accounted for in the Funds and the Rebate Fund as herein provided, subject to the provisions of the Act and the Constitution and laws of the StateAuthority.

Performance of Covenants; Authority. The District shall Authority covenants that it will faithfully perform and observe at all times any and all covenants, undertakings, stipulations stipulations, and provisions contained in the Authorizing Resolution, this Agreement, the 2016 Senior Note, the other Senior Financing Documents and all its proceedings pertaining thereto as though such covenants, undertakings, stipulations, and provisions were set forth in full herein (for the purpose of this Indenture, provision the Senior Financing Documents shall be deemed to continue in full force and effect notwithstanding any and every Bond executed, authenticated and delivered hereunder and in all earlier termination thereof so long as any obligation of its resolutions and proceedings pertaining heretothe Authority under this Agreement shall be unpaid or unperformed). The District Authority covenants, represents, warrants and agrees that it is duly authorized under the Constitution constitution and laws of the StateState of Colorado, including including, particularly and without limitation limitation, the Act, to issue incur the Bonds authorized hereby 2016 Senior Loan and to execute and deliver the 2016 Senior Note, this IndentureAgreement, and the other Senior Financing Documents, and to pledge the receipts Senior Pledged Revenue and amounts hereby pledged the Senior Pledged Collateral in the manner and to the extent herein and in the Custodial Agreement set forth herein. All forth, and that all action taken by on its part for the District in connection with incurrence of the 2016 Senior Loan and the execution and delivery of the 2016 Senior Note, this Indenture Agreement, and the other Senior Financing Documents and the pledge of the Senior Pledged Revenue and Senior Pledged Collateral in the manner and to the extent herein and in the Custodial Agreement set forth, has been duly and effectively takentaken and will be duly taken as provided herein, such and that the Bonds in 2016 Senior Loan, the hands of 2016 Senior Note, this Agreement, and the Owners thereof when other Senior Financing Documents are and as issued will be valid and enforceable obligations of the District Authority according to the terms thereof hereof and of this Indenture. Conditions Precedent. Upon the date of issuance of the Bonds, all conditions, acts and things required by the Constitution and laws of the State, including but not limited to the Act, and resolutions of the District to exist, to have happened and to have been performed precedent to or in the issuance of the Bonds shall exist, have happened, and have been performed; and the Bonds, together with all other obligations of the District, shall be within every debt and other limitation prescribed by the State Constitution or laws of the State, including, without limitation, the Act. Collection of Sales Tax. The District covenants and agrees that, so long as any of the Securities payable in whole or in part from the Sales Tax Revenues remain Outstanding, the District shall, in accordance with the provisions of the Act impose, administer and enforce, or shall cause to be imposed, administered or enforced, the Sales Tax, shall collect or cause to be collected the Sales Tax Revenues and shall not take any action or omit to take any action to reduce, impair, repeal or otherwise adversely impact the imposition, administration, enforceability and collectability of the Sales Tax and Sales Tax Revenues. Prompt Collections. The District will cause the Sales Tax Revenues to be collected promptly and to be accounted for in the Funds and the Rebate Fund as herein provided, subject to the provisions of the Act and the Constitution and laws of the Statethereof.