Pledge of Revenues and Assets; Establishment of Funds. The pledge and assignment of and the security interest granted in the Pledged Security pursuant to Section 2.02 hereof shall attach, be perfected and be valid and binding from and after the time of the closing of the Funding Loan and delivery of the Governmental Note by the Fiscal Agent or by any Person authorized by the Fiscal Agent to deliver the Governmental Note. The Pledged Security so pledged and then or thereafter received by the Fiscal Agent shall immediately be subject to the lien of such pledge and security interest without any physical delivery thereof or further act, and the lien of such pledge and security interest shall be valid and binding and prior to the claims of any and all parties having claims of any kind in tort, contract or otherwise against the Governmental Lender irrespective of whether such parties have notice thereof. In addition to the Project Loan Fund established pursuant to Section 2.11 hereof, the Fiscal Agent shall establish, maintain and hold in trust the following funds and accounts, each of which is hereby established and each of which shall be disbursed and applied only as herein authorized: Revenue Fund; Loan Payment Fund; Loan Prepayment Fund; Administration Fund; Cost of Issuance Fund; and Rebate Fund. The funds and accounts established pursuant to Section 2.11 and this Section 4.01 shall be maintained in the corporate trust department of the Fiscal Agent as segregated trust accounts, separate and identifiable from all other funds held by the Fiscal Agent. The Fiscal Agent shall, at the written direction of an Authorized Officer of the Governmental Lender, and may, in its discretion, establish such additional accounts within any Fund, and subaccounts within any of the accounts, as the Governmental Lender or the Fiscal Agent may deem necessary or useful for the purpose of identifying more precisely the sources of payments into and disbursements from that Fund and its accounts, or for the purpose of complying with the requirements of the Code relating to arbitrage, but the establishment of any such account or subaccount shall not alter or modify any of the requirements of this Funding Loan Agreement with respect to a deposit or use of money in the funds established hereunder, or result in commingling of funds not permitted hereunder. Project Loan Fund .
Appears in 2 contracts
Samples: Funding Loan Agreement, Funding Loan Agreement
Pledge of Revenues and Assets; Establishment of Funds. The pledge and assignment of and the security interest granted in the Pledged Security Trust Estate pursuant to Section 2.02 the Granting Clauses hereof shall attach, be perfected and be valid and binding from and after the time of the closing of the Funding Loan and delivery of the Governmental Note Bonds to the initial purchasers thereof by the Fiscal Agent Trustee or by any Person person authorized by the Fiscal Agent Trustee to so deliver the Governmental NoteBonds. The Pledged Security Trust Estate so pledged and then or thereafter received by the Fiscal Agent Trustee shall immediately be subject to the lien of such pledge and security interest without any physical delivery thereof or further act, and the lien of such pledge and security interest shall be valid and binding and prior to the claims of any and all parties having claims of any kind in tort, contract or otherwise against the Governmental Lender Issuer irrespective of whether such parties have notice thereof. In addition to the Project Bond Mortgage Loan Fund established pursuant to Section 2.11 hereof and the Bond Purchase Fund established pursuant to Sections 10.03 and 10.07 hereof, the Fiscal Agent Trustee shall establish, maintain and hold in trust the following funds and accounts, each of which is hereby established and each of which shall be disbursed and applied only as herein authorized: :
(a) Revenue Fund; Loan Payment , and within the Revenue Fund; Loan Prepayment , a General Account and a Credit Facility Account;
(b) Bond Fund; , and within the Bond Fund, a Purchased Bonds Account;
(c) Redemption Fund;
(d) Administration Fund; ;
(e) Cost of Issuance Fund; and Rebate Fund. The funds and accounts established pursuant to Section 2.11 and this Section 4.01 shall be maintained in the corporate trust department of the Fiscal Agent as segregated trust accounts, separate and identifiable from all other funds held by the Fiscal Agent. The Fiscal Agent shall, at the written direction of an Authorized Officer of the Governmental Lender, and may, in its discretion, establish such additional accounts within any the Cost of Issuance Fund, a Bond Proceeds Account and subaccounts within any of the accounts, as the Governmental Lender or the Fiscal Agent may deem necessary or useful for the purpose of identifying more precisely the sources of payments into and disbursements from that Fund and its accounts, or for the purpose of complying with the requirements of the Code relating to arbitrage, but the establishment of any such account or subaccount shall not alter or modify any of the requirements of this Funding Loan Agreement with respect to a deposit or use of money in the funds established hereunder, or result in commingling of funds not permitted hereunder. Project Loan Fund .an Equity Account;
(f) Principal Reserve Fund; and
Appears in 2 contracts
Samples: Trust Indenture, Trust Indenture
Pledge of Revenues and Assets; Establishment of Funds. The pledge and assignment of and the security interest granted in the Pledged Security pursuant to Section 2.02 hereof shall attach, be perfected and be valid and binding from and after the time of the closing of the Funding Loan and delivery of the Governmental Note Notes by the Fiscal Agent or by any Person authorized by the Fiscal Agent to deliver the Governmental NoteNotes. The Pledged Security so pledged and then or thereafter received by the Fiscal Agent shall immediately be subject to the lien of such pledge and security interest without any physical delivery thereof or further act, and the lien of such pledge and security interest shall be valid and binding and prior to the claims of any and all parties having claims of any kind in tort, contract or otherwise against the Governmental Lender irrespective of whether such parties have notice thereof. In addition to the Project Loan Fund established pursuant to Section 2.11 2.12 hereof, the Fiscal Agent shall establish, maintain and hold in trust the following funds and accounts, each of which is hereby established and each of which shall be disbursed and applied only as herein authorized: :
(a) Revenue Fund; ;
(b) Loan Payment Fund; ;
(c) Loan Prepayment Fund; ;
(d) Administration Fund; ;
(e) Cost of Issuance Fund; and and
(f) Rebate Fund. The funds and accounts established pursuant to Section 2.11 2.12 hereof and this Section 4.01 shall be maintained in the corporate trust department of the Fiscal Agent as segregated trust accounts, separate and identifiable from all other funds held by the Fiscal Agent. The Fiscal Agent shall, at the written direction of an Authorized Officer of the Governmental Lender, and may, in its discretion, establish such additional accounts within any Fund, and subaccounts within any of the accounts, as the Governmental Lender or the Fiscal Agent may deem necessary or useful for the purpose of identifying more precisely the sources of payments into and disbursements from that Fund and its accounts, or for the purpose of complying with the requirements of the Code relating to arbitrage, but the establishment of any such account or subaccount shall not alter or modify any of the requirements of this Funding Loan Agreement with respect to a deposit or use of money in the funds established hereunder, or result in commingling of funds not permitted hereunder. Project Loan Fund .
Appears in 1 contract
Samples: Funding Loan Agreement
Pledge of Revenues and Assets; Establishment of Funds. The pledge and assignment of and the security interest granted in the Pledged Security Trust Estate pursuant to Section 2.02 the Granting Clauses hereof shall attach, be perfected and be valid and binding from and after the time of the closing of the Funding Loan and delivery of the Governmental Note Bonds by the Fiscal Agent Trustee or by any Person authorized by the Fiscal Agent Trustee to deliver the Governmental NoteBonds. The Pledged Security Trust Estate so pledged and then or thereafter received by the Fiscal Agent Trustee shall immediately be subject to the lien of such pledge and security interest without any physical delivery thereof or further act, and the lien of such pledge and security interest shall be valid and binding and prior to the claims of any and all parties having claims of any kind in tort, contract or otherwise against the Governmental Lender Issuer irrespective of whether such parties have notice thereof. In addition to the Project Bond Mortgage Loan Fund established pursuant to Section 2.11 hereof and the Bond Purchase Fund established pursuant to Section 10.03 hereof, the Fiscal Agent Trustee shall establish, maintain and hold in trust the following funds and accounts, each of which is hereby established and each of which shall be disbursed and applied only as herein authorized: :
(a) Revenue Fund; Loan Payment , and within the Revenue Fund a General Account and a Credit Facility Account;
(b) Bond Fund and within the Bond Fund a Purchased Bonds Account;
(c) Redemption Fund; Loan Prepayment Fund; ;
(d) Administration Fund; ;
(e) Cost of Issuance Fund;
(f) Principal Reserve Fund; and and
(g) Rebate Fund. The funds and accounts established pursuant to Section 2.11 and this Section 4.01 shall be maintained in the corporate trust department of the Fiscal Agent Trustee as segregated trust accounts, separate and identifiable from all other funds held by the Fiscal AgentTrustee. The Fiscal Agent shall, at funds and accounts established hereunder shall bear a designation clearly indicating that the written direction funds deposited therein are held for the benefit of an Authorized Officer (i) the Holders of the Governmental LenderBonds, and may, in its discretion, establish such additional accounts within any respecting the Revenue Fund, and subaccounts within any of the accounts, as the Governmental Lender or the Fiscal Agent may deem necessary or useful for the purpose of identifying more precisely the sources of payments into and disbursements from that Bond Fund and its accountsthe Redemption Fund, or for (ii) the purpose of complying with Credit Facility Provider, respecting the requirements of the Code relating to arbitragePrincipal Reserve Fund, but the establishment of any such account or subaccount shall not alter or modify any of the requirements of this Funding Loan Agreement with respect to a deposit or use of money in the funds established hereunder, or result in commingling of funds not permitted hereunder. Project Loan Fund .and
Appears in 1 contract
Samples: Trust Indenture
Pledge of Revenues and Assets; Establishment of Funds. The pledge and assignment of and the security interest granted in the Pledged Security relating to the Governmental Notes pursuant to Section 2.02 hereof shall attach, be perfected and be valid and binding from and after the time of the closing of the Funding Loan Loans and delivery of the Governmental Note Notes by the Fiscal Agent or by any Person authorized by the Fiscal Agent to deliver the Governmental NoteNotes. The Pledged Security so pledged and then or thereafter received by the Fiscal Agent shall immediately be subject to the lien of such pledge and security interest without any physical delivery thereof or further act, and the lien of such pledge and security interest shall be valid and binding and prior to the claims of any and all parties having claims of any kind in tort, contract or otherwise against the Governmental Lender irrespective of whether such parties have notice thereof. In addition to the Project Loan Fund established pursuant to Section 2.11 hereof, the Fiscal Agent shall establish, maintain and hold in trust the following funds and accounts, each of which is hereby established and each of which shall be disbursed and applied only as herein authorized: Refunding Fund; Revenue Fund; Loan Payment Fund; Loan Prepayment Fund; Administration Fund; Cost of Issuance Fund; and Rebate Fund. The funds and accounts established pursuant to Section 2.11 and this Section 4.01 shall be maintained in the corporate trust department of the Fiscal Agent as segregated trust accounts, separate and identifiable from all other funds held by the Fiscal Agent. The Fiscal Agent shall, at the written direction of an Authorized Officer of the Governmental Lender, and may, in its discretion, establish such additional accounts within any Fund, and subaccounts within any of the accounts, as the Governmental Lender or the Fiscal Agent may deem necessary or useful for the purpose of identifying more precisely the sources of payments into and disbursements from that Fund and its accounts, or for the purpose of complying with the requirements of the Code relating to arbitrage, but the establishment of any such account or subaccount shall not alter or modify any of the requirements of this Funding Loan Agreement with respect to a deposit or use of money in the funds established hereunder, or result in commingling of funds not permitted hereunder. Project Loan Fund .
Appears in 1 contract
Samples: Funding Loan Agreement