Pledge and Assignment; Revenue Fund. (A) Subject only to the provisions of this Indenture permitting the application thereof for the purposes and on the terms and conditions set forth herein, all of the Revenues and any other amounts (including proceeds of the sale of Bonds) held in any fund or account established pursuant to this Indenture (except the Rebate Fund and the Borrower Account of the Costs of Issuance Fund) are hereby pledged to secure the full payment of the principal of, premium, if any, and interest on the Bonds in accordance with their terms and the provisions of this Indenture. Said pledge shall constitute a lien on and security interest in such assets and shall attach, be perfected and be valid and binding from and after delivery by the Trustee of the Bonds, without any physical delivery thereof or further act. (B) The Authority hereby transfers in trust, and assigns to the Trustee, for the benefit of the Holders from time to time of the Bonds, all of the Revenues and other assets pledged in subsection (A) of this Section and all of the right, title and interest of the Authority in the Loan Agreement (except for the Retained Rights). Such assignment to the Trustee is solely in its capacity as Trustee under this Indenture, subject to the protections, immunities and limitations from liability afforded the Trustee hereunder. The Trustee shall be entitled to and shall collect and receive all of the Revenues, and any Revenues collected or received by the Authority shall be deemed to be held, and to have been collected or received, by the Authority as the agent of the Trustee and, subject to the provisions of this Indenture, shall forthwith be paid by the Authority to the Trustee. Notwithstanding anything to the contrary in this Indenture, the Authority shall have no obligation to and instead the Trustee may, without further direction from the Authority, take any and all steps, actions and proceedings, to enforce any or all rights of the Authority (other than the Retained Rights) under this Indenture or the Loan Agreement, including, without limitation, the rights to enforce the remedies upon the occurrence and continuation of an Event of Default and the obligations of the Borrower under the Loan Agreement. (C) All Revenues (except investment earnings (which shall be deposited as provided in Section 5.04)) shall be promptly deposited by the Trustee upon receipt thereof in a special fund designated as the Revenue Fund which the Trustee shall establish, maintain and hold in trust; except as otherwise provided in Section 5.02 hereof, all moneys received by the Trustee and required to be deposited in the Redemption Account, if any, shall be promptly deposited in the Redemption Account, which the Trustee shall establish, maintain and hold in trust as provided in Section 5.02 hereof. All Revenues deposited with the Trustee shall be held, disbursed, allocated and applied by the Trustee only as provided in this Indenture. (D) On the third Business Day of each June, any amount held by the Trustee in the Revenue Fund on the due date for a Loan Repayment under the Loan Agreement shall be credited against the installment due on the next Loan Repayment date to the extent available for such purpose under the terms of this Indenture.
Appears in 1 contract
Samples: Indenture (SJW Corp)
Pledge and Assignment; Revenue Fund. (Aa) Subject only to the provisions of this the Indenture permitting the application thereof for the purposes and on the terms and conditions set forth herein, all of the Revenues and including any other amounts (including proceeds of the sale of the Bonds) held in any fund or account established pursuant to this Indenture (except the Rebate Revenue Fund, the Capitalized Interest Fund and the Borrower Account of the Costs of Issuance Fund) Redemption Fund are hereby pledged to secure the full payment of the principal of, premium, if any, and interest on the Bonds in accordance with their terms and the provisions of this Indenture, and the Revenues shall not be used for any other purpose while any of the Bonds remain Outstanding; provided, however, that out of the Revenues and other moneys there may be applied in such sums and for such purposes as are permitted hereunder. This pledge shall constitute a pledge of and charge and lien upon the Revenues for the payment of Debt Service on the Bonds in accordance with the terms hereof. Said pledge shall constitute a first lien on and security interest in such assets and shall attach, be perfected and be valid and binding from and after delivery by the Trustee of the BondsClosing Date, without any physical delivery thereof or further act.
(Bb) The Authority hereby transfers in trust, grants a security interest in and assigns to the Trustee, for the benefit of the Holders Owners from time to time of the Bonds, : (i) all of the Revenues and other assets pledged amounts on deposit in subsection the Revenue Fund, the Capitalized Interest Fund and the Redemption Fund, and (Aii) of this Section and all of the right, title and interest rights of the Authority in the Loan Agreement Lease (except for certain rights to indemnification set forth therein), and in the Retained RightsSite Lease (except for certain rights to indemnification set forth therein). Such assignment to the Trustee is solely in its capacity as Trustee under this Indenture, subject to the protections, immunities and limitations from liability afforded the Trustee hereunder. The Trustee shall be entitled to and shall collect and receive all of the Revenues, and any Revenues collected or received by the Authority shall be deemed to be held, and to have been collected or received, by the Authority as the agent of the Trustee and, subject to the provisions of this Indenture, and shall forthwith be paid by the Authority to the Trustee. Notwithstanding anything The Trustee also shall be entitled to and shall, subject to the contrary in this Indenture, the Authority shall have no obligation to and instead the Trustee may, without further direction from the Authorityprovisions of Article VIII, take any and all steps, actions and proceedingsproceedings which the Trustee determines to be reasonably necessary in its judgment to enforce, to enforce any either jointly with the Authority or separately, all of the rights of the Authority (other than Authority, all of the Retained Rights) obligations of the City under the Lease. The assignment of the Lease and the Site Lease to the Trustee is solely in its capacity as Trustee under this Indenture or and the Loan Agreementduties, powers and liabilities of the Trustee in acting thereunder shall be subject to the provisions of this Indenture, including, without limitation, the rights to enforce the remedies upon the occurrence and continuation provisions of an Event of Default and the Article VIII hereof. The Trustee shall not be responsible for any representations, warranties, covenants or obligations of the Borrower under the Loan AgreementAuthority.
(Cc) All Revenues (except investment earnings (The Trustee agrees to provide written notice to the City at least five Business Days prior to each Lease Payment Date of the amount, if any, on deposit in the Revenue Fund which shall be deposited serve as provided in a credit against, and shall relieve the City of making, the Base Rental Payments due from the City on such Lease Payment Date.
(d) Subject to Section 5.04)) 5.06, all Revenues shall be promptly deposited by the Trustee upon receipt thereof in a special fund designated as the “Revenue Fund Fund” which the Trustee shall establish, maintain and hold in trust; except as otherwise provided in Section 5.02 hereof, that all moneys received by the Trustee and required hereunder or under the Lease to be deposited in the Redemption Account, if any, Fund or the Insurance and Condemnation Fund shall be promptly deposited in such Funds. Within the Redemption Revenue Fund there shall be established an Interest Account and a Principal Account, which the Trustee shall establish, maintain and hold in trust as provided in Section 5.02 hereof. All Revenues deposited with the Trustee shall be held, disbursed, allocated and applied by the Trustee only as provided in this Indenture.
(D) On the third Business Day of each June, any amount held by the Trustee in the Revenue Fund on the due date for a Loan Repayment under the Loan Agreement shall be credited against the installment due on the next Loan Repayment date to the extent available for such purpose under the terms of this Indenture.
Appears in 1 contract
Samples: Indenture
Pledge and Assignment; Revenue Fund. (Aa) Subject only to the provisions of this Indenture permitting the application thereof for the purposes and on the terms and conditions set forth herein, all of the Revenues and any other amounts (including proceeds of the sale of BondsNotes) held in any fund or account established pursuant to this Indenture (the “Account Funds”), except to the Rebate Fund extent provided in Sections 5.05, 7.03, 8.06 and the Borrower Account of the Costs of Issuance Fund8.10(a) hereof) are hereby pledged by Borrower to secure the full payment of the principal of, premium, if any, and purchase price of and interest on the Bonds Notes in accordance with their terms and the provisions of this IndentureIndenture and thereafter, on a basis subordinate thereto, to secure Borrower’s obligations to Credit Issuer under the Reimbursement Agreement. Said pledge shall constitute a lien on and security interest in such assets and shall attach, be perfected and be valid and binding from and after delivery by the Trustee of the Bonds, Notes without any physical delivery thereof or further act.
(Bb) The Authority hereby transfers in trustTrustee agrees that, so long as Trustee holds any Account Funds, Trustee shall hold the same as the collateral agent and assigns bailee of Credit Issuer (but only to the Trusteeextent of amounts paid by Credit Issuer under the Letter of Credit for which Credit Issuer has not received reimbursement from Borrower) for purposes of perfecting the lien and security interest of Credit Issuer therein. Upon receipt of written notice from Credit Issuer that Borrower has failed to reimburse Credit Issuer for a draw under the Letter of Credit as required by the Reimbursement Agreement, Trustee shall either cause all accounts and investments (but only to the extent of amounts paid by Credit Issuer under the Letter of Credit for which Credit Issuer has not received reimbursement from Borrower) which are the benefit subject of the Holders from time preceding sentence to time be titled in such a manner to reflect that Credit Issuer has an interest therein as described in the preceding sentence or ensure that each Person with whom Trustee places or through whom Trustee invests any moneys which are the subject of the Bondspreceding sentence is advised of Credit Issuer’s interest therein as described in the preceding sentence and instructed to xxxx its records to reflect such interest. Trustee shall not pledge, hypothecate, transfer or release all or any portion of the Revenues and other assets pledged in subsection Account Funds to any persons (A) of this Section and all of the right, title and interest of the Authority in the Loan Agreement (except for the Retained Rights). Such assignment to the Trustee is solely in its capacity as Trustee under this Indenture, subject to the protections, immunities and limitations from liability afforded the Trustee hereunder. The Trustee shall be entitled to and shall collect and receive all of the Revenues, and any Revenues collected or received by the Authority shall be deemed to be held, and to have been collected or received, by the Authority as the agent of the Trustee and, subject to the provisions of this Indenture, shall forthwith be paid by the Authority to the Trustee. Notwithstanding anything to the contrary in this Indenture, the Authority shall have no obligation to and instead the Trustee may, without further direction from the Authority, take any and all steps, actions and proceedings, to enforce any or all rights of the Authority (other than the Retained Rights) under this Indenture or the Loan Agreement, including, without limitation, the rights to enforce the remedies upon the occurrence and continuation of an Event of Default and the obligations Borrower) other than Registered Owners of the Borrower under Notes in payment thereof or in any manner not in accordance with this Indenture or the Loan AgreementReimbursement Agreement without the written consent of Credit Issuer, except as otherwise required by a court of law.
(Cc) All Revenues (except investment earnings (which shall be deposited as provided in Section 5.04)) Note Payments shall be promptly deposited by the Trustee upon receipt thereof in a special fund designated as the “Revenue Fund Fund” which the Trustee shall establish, maintain and hold in trust; except as otherwise provided in Section 5.02 hereof, all moneys received by Trustee and required to be deposited in the Note Fund shall be promptly deposited in the Note Fund and all moneys received by Trustee and required to be deposited in the Redemption Account, if any, Account shall be promptly deposited in the Redemption Account, which the Trustee shall establish, maintain and hold in trust as provided in Section 5.02 hereoftrust. All Revenues Note Payments and other amounts deposited with the Trustee shall be held, disbursed, allocated and applied by the Trustee only as provided in this Indenture.
(D) On the third Business Day of each June, any amount . All moneys held by Tender Agent for the Trustee in payment of the Revenue Fund principal or purchase price of, premium, if any, and interest on the due date for a Loan Repayment under the Loan Agreement Notes, shall be credited against held by Tender Agent in trust for the installment due on the next Loan Repayment date to the extent available for payment of such purpose under the terms of this IndentureNotes.
Appears in 1 contract
Pledge and Assignment; Revenue Fund. (Aa) Subject only to the provisions of this Indenture permitting the application thereof for the purposes and on the terms and conditions set forth herein, all of the Revenues and any other amounts (including proceeds of the sale of BondsAuthority Notes) held in any fund or account established pursuant to this Indenture (except the Rebate Fund and the Borrower Account of the Costs of Issuance Fund) are hereby pledged on a pari passu basis to secure the full payment of the principal of, premium, if any, and interest on the Bonds Authority Notes in accordance with their terms and the provisions of this Indenture. Notwithstanding any other provision of this Indenture, the benefits under any Alternate Letter of Credit or Alternate Credit Facility shall apply only to the Authority Notes for which such Alternate Letter of Credit or Alternate Credit Facility was issued; moneys in the account created by Section 4.07(g) hereof shall be held solely for the benefit of the former Holders of Authority Notes as provided in Section 4.07(g); and the Tender Proceeds shall be held in trust as provided in Section 4.07(c)(1). Said pledge shall constitute a lien on and security interest in such assets and shall attach, be perfected and be valid and binding from and after delivery by the Trustee of the BondsAuthority Notes, without any physical delivery thereof or further act.
(Bb) The Authority hereby transfers in trust, and assigns to the Trustee, for the benefit of the Holders from time to time of the BondsAuthority Notes, to the extent of its interest therein, all of the Revenues and other assets pledged in subsection (A) of this Section and all of the right, title and interest of the Authority in the Loan Agreement and the Borrower Note (except for the Retained Rights). Such assignment to the Trustee is solely in its capacity as Trustee under this Indenture, subject to the protections, immunities and limitations from liability afforded the Trustee hereunder. The Trustee shall be entitled to and shall collect and receive all of the Revenues, and any Revenues collected or received by the Authority shall be deemed to be held, and to have been collected or received, by the Authority as the agent of the Trustee and, subject to the provisions of this the Indenture, shall forthwith be paid by the Authority to the Trustee. Notwithstanding anything to the contrary in this Indenture, the Authority shall have no obligation to and instead the Trustee may, without further direction from the Authority, take any and all steps, actions and proceedings, to enforce any or all rights of the Authority under the Indenture or the Loan Agreement (other than the Retained Rights) under this Indenture or the Loan Agreement), including, without limitation, the rights to enforce the remedies upon the occurrence and continuation of an Event of Default and the obligations of the Borrower under the Loan Agreement.
(Cc) All Revenues (except investment earnings (which shall be deposited as provided in Section 5.045.05)) shall be promptly deposited by the Trustee upon receipt thereof in a special fund designated as the Revenue Fund which the Trustee shall establish, maintain and hold in trust; except as otherwise provided in Section 5.02 hereof, all moneys received by the Trustee and required to be deposited in the Redemption Account, if any, shall be promptly deposited in the Redemption Account, which the Trustee shall establish, maintain and hold in trust as provided in Section 5.02 hereof. All Revenues deposited with the Trustee shall be held, disbursed, allocated and applied by the Trustee only as provided in this Indenture.
(Dd) On the third Business Day following the Note Payment Date of each JuneFebruary, any amount held by the Trustee in the Revenue Fund on the due date for a Loan Repayment under the Loan Agreement shall be credited against the installment due on the next Loan Repayment such date to the extent available for such purpose under the terms of this Indenture.
Appears in 1 contract
Samples: Indenture
Pledge and Assignment; Revenue Fund. (A) Subject only to the provisions of this Indenture permitting the application thereof for the purposes and on the terms and conditions set forth herein, all of the Revenues and any other amounts (including proceeds of the sale of Bonds) held in any fund or account established pursuant to this Indenture (except the Rebate Fund and any amounts due to the Borrower Account Authority or the Authority Indemnified Persons in respect of the Costs of Issuance FundRetained Rights) are hereby pledged to secure the full payment of the principal or Purchase Price of, premium, if any, and interest on the Bonds in accordance with their terms and the provisions of this Indenture. Said pledge shall constitute a lien on Indenture and security thereafter to secure the Bank to the extent of its interest in such assets Revenues and certain other funds or accounts established under this Indenture. Notwithstanding any other provision of this Indenture, the benefits under any Letter of Credit or Alternate Credit Facility shall attach, apply only to the Bonds for which such Letter of Credit or Alternate Credit Facility was issued; moneys in the account created by Section 4.07(G) hereof shall be perfected and be valid and binding from and after delivery by held solely for the Trustee benefit of the Bondsformer holders of Bonds as provided in Section 4.07(G); and the Tender Proceeds shall be held in trust as provided in Section 4.07(C)(1). SUBJECT ONLY TO THE RIGHTS OF THE AUTHORITY TO APPLY AMOUNTS UNDER THE PROVISIONS OF THIS INDENTURE, without any physical delivery thereof or further actTHE PLEDGE AND ASSIGNMENT OF THE TRUST ESTATE SHALL IMMEDIATELY ATTACH THERETO AND SHALL BE EFFECTIVE, BINDING AND ENFORCEABLE FROM AND AFTER THE TIME OF THE DELIVERY BY THE TRUSTEE OF THE FIRST BONDS AUTHENTICATED AND DELIVERED UNDER THIS INDENTURE. THE SECURITY SO PLEDGED AND ANY ASSIGNMENT THEN OR THEREAFTER RECEIVED BY THE AUTHORITY SHALL IMMEDIATELY BE SUBJECT TO THE LIEN OF SUCH PLEDGE AND ASSIGNMENT AND THE LIEN OF SUCH PLEDGE AND ASSIGNMENT SHALL BE VALID AND BINDING AGAINST THE AUTHORITY, PURCHASERS THEREOF, CREDITORS IRRESPECTIVE OF WHETHER SUCH PARTIES HAVE NOTICE THEREOF AND WITHOUT THE NEED FOR ANY PHYSICAL DELIVERY, RECORDATION, FILING, OR FURTHER ACT.
(B) The Authority hereby transfers in trust, and assigns to the Trustee, for the benefit of the Holders from time to time of the BondsBonds and the Bank, all if any, to the extent of its interest therein, the Revenues and other assets pledged in subsection (A) of this Section Trust Estate and all of the right, title and interest of the Authority in the Loan Agreement and in the Guaranty (except for the Retained RightsRights and payments in respect thereof). In addition, the Authority has assigned the Note to the Trustee as security for the payment of the Bonds. Such assignment to the Trustee is solely in its capacity as Trustee under this Indenture, subject to the protections, indemnities, immunities and limitations from liability afforded the Trustee hereunder. The Trustee shall be entitled to and shall collect and receive all of the Revenues, and any Revenues collected or received by the Authority shall be deemed to be held, and to have been collected or received, by the Authority as the agent of the Trustee and, subject to the provisions of this the Indenture, shall forthwith be paid by the Authority to the Trustee. Notwithstanding anything to the contrary in this IndentureIndenture or the Agreement, the Authority shall have no obligation to to, and instead the Trustee Trustee, or the Bondholders as the case may be, may, without further direction from the Authority, take any and all steps, actions and proceedings, proceedings to enforce any or all rights of the Authority (other than the Retained Rights) under this Indenture the Indenture, the Agreement or the Loan AgreementNote, including, without limitation, the rights to enforce the remedies upon the occurrence and continuation of an Event of Default and Default, the obligations of the Borrower under the Loan AgreementAgreement and the Guarantor under the Guaranty.
(C) All Revenues (except investment earnings (which shall be deposited as provided in Section 5.04)5.05 hereof) shall be promptly deposited by the Trustee upon receipt thereof in a special fund designated as the Revenue Fund which the Trustee shall establish, maintain and hold in trust; except as otherwise provided in Section 5.02 hereof, all moneys received by the Trustee and required to be deposited in the Redemption Account, if any, shall be promptly deposited in the Redemption Account, which the Trustee shall establish, maintain and hold in trust as provided in Section 5.02 hereof. All Revenues deposited with the Trustee shall be held, disbursed, allocated and applied by the Trustee only as provided in this Indenture.
(D) On Once per year, on the third Business Day following the Bond Payment Date of each JuneApril, any amount held by the Trustee in the Revenue Fund on the due date for a Loan Repayment under the Loan Agreement shall be credited against the installment due on the next Loan Repayment such date to the extent available for such purpose under the terms of this Indenture.
Appears in 1 contract
Pledge and Assignment; Revenue Fund. (Aa) Subject only to the provisions of this Indenture permitting the application thereof for the purposes and on the terms and conditions set forth herein, all of the Revenues and any other amounts (including proceeds of the sale of the Bonds) held in any fund or account established pursuant to this Indenture (except the Rebate Fund and the Borrower Account of the Costs of Issuance Fund) are hereby pledged to secure the full payment of the principal of, premiumpre- mium, if any, and interest on the Bonds in accordance with their terms and the provisions of this Indenture. Said pledge shall constitute a first lien on and security interest in such assets and shall attach, be perfected and be valid and binding from and after delivery by the Trustee of the BondsClosing Date, without any physical phys- ical delivery thereof or further act.
(Bb) The Authority Agency hereby transfers in trust, grants a security interest in and assigns to the Trustee, for the benefit of the Holders Owners from time to time of the Bonds, all of the Revenues and other assets pledged in subsection (A) of this Section and all of the right, title and interest rights of the Authority Agency in the Loan Lease Agreement (except for rights to give approvals and con- sents thereunder and certain rights to indemnification set forth therein), and in the Retained RightsSite and Fa- cility Lease (except for rights to give approvals and consents thereunder and certain rights to indemnification set forth therein). Such assignment to the Trustee is solely in its capacity as Trustee under this Indenture, subject to the protections, immunities and limitations from liability afforded the Trustee hereunder. The Trustee shall be entitled to and shall collect and receive all of the Revenues, and any Revenues collected or received by the Authority Agency shall be deemed to be held, and to have been collected or received, by the Authority Agency as the agent of the Trustee andand shall forthwith be paid by the Agency to the Trustee. The Trustee also shall be entitled to and may, subject to the provisions of Article VIII, take all steps, actions and proceedings which the Trustee determines to be reasonably necessary in its judgment to enforce, either jointly with the Agency or separately, all of the rights of the Agency, all of the obligations of the City under the Lease Agreement. The assignment of the Lease Agreement and the Site and Facility Lease to the Trustee is solely in its capacity as Trustee under this Indenture and the duties, powers and liabilities of the Trustee in acting thereunder shall be subject to the provisions of this Indenture, shall forthwith be paid by the Authority to the Trustee. Notwithstanding anything to the contrary in this Indenture, the Authority shall have no obligation to and instead the Trustee may, without further direction from the Authority, take any and all steps, actions and proceedings, to enforce any or all rights of the Authority (other than the Retained Rights) under this Indenture or the Loan Agreement, including, without with- out limitation, the rights to enforce the remedies upon the occurrence and continuation provisions of an Event of Default and the Article VIII hereof. The Trustee shall not be responsible for any representations, warranties, covenants or obligations of the Borrower under the Loan AgreementAgency.
(Cc) All Revenues (except investment earnings (The Trustee agrees to provide written notice to the City at least five Business Days prior to each Lease Payment Date of the amount, if any, on deposit in the Revenue Fund which shall be deposited serve as provided in a credit against, and shall relieve the City of making, the Lease Payments due from the City on such Lease Payment Date. Subject to Section 5.04)) 5.09, all Revenues shall be promptly deposited by the Trustee upon receipt thereof in a special fund designated as the “Revenue Fund Fund” which the Trustee shall establish, maintain and hold in trust; except as otherwise provided in Section 5.02 hereof, that all moneys received by the Trustee and required hereunder or under the Lease Agreement to be deposited in the Redemption Account, if any, Re- demption Fund or the Insurance and Condemnation Fund shall be promptly deposited in such Funds. Within the Redemption Revenue Fund there shall be established an Interest Account, which the Trustee shall establish, maintain a Principal Ac- count and hold in trust as provided in Section 5.02 hereofa Sinking Account. All Revenues deposited with the Trustee shall be held, disbursed, allocated and applied by the Trustee only as provided in this Indenture.
(D) On the third Business Day of each June, any amount held by the Trustee in the Revenue Fund on the due date for a Loan Repayment under the Loan Agreement shall be credited against the installment due on the next Loan Repayment date to the extent available for such purpose under the terms of this Indenture.
Appears in 1 contract
Samples: Indenture of Trust
Pledge and Assignment; Revenue Fund. (Aa) Subject only to the provisions of this the Indenture permitting the application thereof for the purposes and on the terms and conditions set forth herein, all of the Revenues and including any other amounts (including proceeds of the sale of the Bonds) held in any fund or account established pursuant to this Indenture (except the Rebate Revenue Fund and the Borrower Account of the Costs of Issuance Fund) are hereby pledged to secure the full payment of the principal of, premium, if any, and interest on the Bonds in accordance with their terms and the provisions of this Indenture, and the Revenues shall not be used for any other purpose while any of the Bonds remain Outstanding; provided, however, that out of the Revenues and other moneys there may be applied in such sums and for such purposes as are permitted hereunder including the replenishment of draws upon the Reserve Fund. This pledge shall constitute a pledge of and charge and lien upon the Revenues for the payment of Debt Service on the Bonds in accordance with the terms hereof. Said pledge shall constitute a first lien on and security interest in such assets and shall attach, be perfected and be valid and binding from and after delivery by the Trustee of the BondsClosing Date, without any physical delivery thereof or further act.
(Bb) The Authority hereby transfers in trust, grants a security interest in and assigns to the Trustee, for the benefit of the Holders Owners from time to time of the Bonds, : (i) all of the Revenues and other assets pledged in subsection (Aii) of this Section and all of the right, title and interest rights of the Authority in the Loan Agreement Lease (except for certain rights to indemnification set forth therein), and in the Retained RightsSite Lease (except for certain rights to indemnification set forth therein). Such assignment to the Trustee is solely in its capacity as Trustee under this Indenture, subject to the protections, immunities and limitations from liability afforded the Trustee hereunder. The Trustee shall be entitled to and shall collect and receive all of the Revenues, and any Revenues collected or received by the Authority shall be deemed to be held, and to have been collected or received, by the Authority as the agent of the Trustee and, subject to the provisions of this Indenture, and shall forthwith be paid by the Authority to the Trustee. Notwithstanding anything The Trustee also shall be entitled to and shall, subject to the contrary in this Indenture, the Authority shall have no obligation to and instead the Trustee may, without further direction from the Authorityprovisions of Article VIII, take any and all steps, actions and proceedingsproceedings which the Trustee determines to be reasonably necessary in its judgment to enforce, to enforce any either jointly with the Authority or separately, all of the rights of the Authority (other than Authority, all of the Retained Rights) obligations of the City under the Lease. The assignment of the Lease and the Site Lease to the Trustee is solely in its capacity as Trustee under this Indenture or and the Loan Agreementduties, powers and liabilities of the Trustee in acting thereunder shall be subject to the provisions of this Indenture, including, without limitation, the rights to enforce the remedies upon the occurrence and continuation provisions of an Event of Default and the Article VIII hereof. The Trustee shall not be responsible for any representations, warranties, covenants or obligations of the Borrower under the Loan AgreementAuthority.
(Cc) All Revenues (except investment earnings (The Trustee agrees to provide written notice to the City at least five Business Days prior to each Lease Payment Date of the amount, if any, on deposit in the Revenue Fund which shall be deposited serve as provided in a credit against, and shall relieve the City of making, the Base Rental Payments due from the City on such Lease Payment Date.
(d) Subject to Section 5.04)) 5.06, all Revenues shall be promptly deposited by the Trustee upon receipt thereof in a special fund designated as the “Revenue Fund Fund” which the Trustee shall establish, maintain and hold in trust; except as otherwise provided in Section 5.02 hereof, that all moneys received by the Trustee and required hereunder or under the Master Lease to be deposited in the Redemption Account, if any, Fund or the Insurance and Condemnation Fund shall be promptly deposited in such Funds. Within the Redemption Revenue Fund there shall be established an Interest Account and a Principal Account, which the Trustee shall establish, maintain and hold in trust as provided in Section 5.02 hereof. All Revenues deposited with the Trustee shall be held, disbursed, allocated and applied by the Trustee only as provided in this Indenture.
(D) On the third Business Day of each June, any amount held by the Trustee in the Revenue Fund on the due date for a Loan Repayment under the Loan Agreement shall be credited against the installment due on the next Loan Repayment date to the extent available for such purpose under the terms of this Indenture.
Appears in 1 contract
Samples: Master Indenture