Common use of Procedure for the Issuance of Additional Bonds Clause in Contracts

Procedure for the Issuance of Additional Bonds. At any time after the sale of any Additional Bonds in accordance with the Act, such Additional Bonds shall be executed by the Authority for issuance hereunder and shall be delivered to the Trustee and thereupon shall be authenticated and delivered by the Trustee, but only upon receipt by the Trustee of the following: (a) Certified copies of the Supplemental Indenture authorizing the issuance of such Additional Bonds, the amendment to the Lease Agreement required by Section 3.04 hereof and the amendment to the Ground Lease, if any, required by Section 3.04 hereof, together with satisfactory evidence that provision has been made for such amendment to the Lease Agreement and such amendment to the Ground Lease, if any, to be recorded in the official records of the appropriate county; Bonds; (b) A Written Request of the Authority as to the delivery of such Additional (c) An opinion of Bond Counsel substantially to the effect that (i) the Indenture (including all Supplemental Indentures), the Lease Agreement (including the amendment thereto required by Section 3.04 hereof) and the Ground Lease (including any amendment thereto required by Section 3.04 hereof) have been duly authorized, executed and delivered by, and constitute the valid and binding obligations of, the Authority and the City, enforceable in accordance with their terms (except as enforcement may be limited by bankruptcy, insolvency, reorganization, moratorium and other similar laws affecting creditors rights and by the application of equitable principles and by the exercise of judicial discretion in appropriate cases and subject to the limitations on legal remedies against political subdivisions in the State of California), and (ii) such Additional Bonds constitute valid and binding special obligations of the Authority payable solely from Base Rental Payments as provided herein and are enforceable in accordance with their terms (except as enforcement may be limited by bankruptcy, insolvency, reorganization, moratorium and other similar laws affecting creditors rights and by the application of equitable principles and by the exercise of judicial discretion in appropriate cases and subject to the limitations on legal remedies against political subdivisions in the State of California); (d) a Written Certificate of the Authority that the requirements of Section 3.04 hereof have been met; (e) a Written Certificate of the City that the requirements of Section 3.04 hereof and Sections 5.01 and 5.02 of the Lease Agreement have been met, and a Written Certificate of the City as to the use of proceeds received therefrom; and (f) Such further documents as are required by the provisions hereof or by the provisions of the Supplemental Indenture authorizing the issuance of such Additional Bonds.

Procedure for the Issuance of Additional Bonds. At any time after the sale of any Additional Bonds in accordance with the Act, such Additional Bonds shall be executed by the Authority for issuance hereunder and shall be delivered to the Trustee and thereupon shall be authenticated and delivered by the Trustee, but only upon receipt by the Trustee of the following: (a) Certified copies of the Supplemental Indenture authorizing the issuance of such Additional Bonds, the amendment to the Lease Agreement required by Section 3.04 3.06 hereof and the amendment to the Ground Lease, if any, required by Section 3.04 3.06 hereof, together with satisfactory evidence that provision has been made for such amendment to the Lease Agreement and such amendment to the Ground Lease, if any, to be recorded in the official records of the appropriate county; Bondshave been duly recorded; (b) A Written Request of the Authority as to the delivery of such AdditionalAdditional Bonds; (c) An opinion of Bond Counsel substantially to the effect that that: (i) the Indenture (including all Supplemental Indentures), the Lease Agreement (including the amendment thereto required by Section 3.04 3.06 hereof) and the Ground Lease (including any amendment thereto required by Section 3.04 3.06 hereof) have been duly authorized, executed and delivered by, and constitute the valid and binding obligations of, the Authority and the City, enforceable in accordance with their terms (except as enforcement may be limited by bankruptcy, insolvency, reorganization, moratorium and other similar laws affecting creditors creditors’ rights and by the application of equitable principles and by the exercise of judicial discretion in appropriate cases and subject to the limitations on legal remedies against political subdivisions in the State of California), and ; (ii) such Additional Bonds constitute valid and binding special obligations of the Authority payable solely from Base Rental Payments as provided herein and are enforceable in accordance with their terms (except as enforcement may be limited by bankruptcy, insolvency, reorganization, moratorium and other similar laws affecting creditors creditors’ rights and by the application of equitable principles and by the exercise of judicial discretion in appropriate cases and subject to the limitations on legal remedies against political subdivisions in the State of California); and (iii) the issuance of such Additional Bonds, in and of itself, will not adversely affect the exclusion of interest on the Bonds Outstanding prior to the issuance of such Additional Bonds from gross income for federal income tax purposes; (d) a Written Certificate of the Authority that the requirements of Section 3.04 3.06 hereof have been met; (e) a Written Certificate of the City that the requirements of Section 3.04 3.06 hereof and Sections 5.01 and 5.02 of the Lease Agreement have been met, and a Written Certificate of the City as to the fair rental value of the Property, after giving effect to the execution and delivery of the Additional Bonds, and to the use of proceeds received therefrom; and (f) Such further documents as are required by the provisions hereof or by the provisions of the Supplemental Indenture authorizing the issuance of such Additional Bonds.

Procedure for the Issuance of Additional Bonds. At any time after the sale of any Additional Bonds in accordance with the Act, such Additional Bonds shall be executed by the Authority Community Facilities District for issuance hereunder and shall be delivered to the Trustee and thereupon shall be authenticated and delivered by the Trustee, but only upon receipt by the Trustee of the following: (a) Certified copies A certified copy of the Supplemental Indenture authorizing the issuance of such Additional Bonds, the amendment to the Lease Agreement required by Section 3.04 hereof and the amendment to the Ground Lease, if any, required by Section 3.04 hereof, together with satisfactory evidence that provision has been made for such amendment to the Lease Agreement and such amendment to the Ground Lease, if any, to be recorded in the official records of the appropriate county; Bonds; (b) A Written Request of the Authority Community Facilities District as to the delivery of such AdditionalAdditional Bonds; (c) An opinion of Bond Counsel substantially to the effect that (i) the Indenture (including and all Supplemental Indentures), the Lease Agreement (including the amendment thereto required by Section 3.04 hereof) and the Ground Lease (including any amendment thereto required by Section 3.04 hereof) Indentures have been duly authorized, executed and delivered by, and constitute the valid and binding obligations of, the Authority and the CityCommunity Facilities District, enforceable in accordance with their terms (except as enforcement may be limited by bankruptcy, insolvency, reorganization, moratorium and other similar laws affecting creditors rights and by the application of equitable principles and by the exercise of judicial discretion in appropriate cases and subject to the limitations on legal remedies against political subdivisions in the State of California), and (ii) such Additional Bonds constitute valid and binding special obligations of the Authority Community Facilities District payable solely from Base Rental Payments Net Special Tax Revenues as provided herein and are enforceable in accordance with their terms (except as enforcement may be limited by bankruptcy, insolvency, reorganization, moratorium and other similar laws affecting creditors rights and by the application of equitable principles and by the exercise of judicial discretion in appropriate cases and subject to the limitations on legal remedies against political subdivisions in the State of California), and (iii) the issuance of such Additional Bonds, in and of itself, will not adversely affect the exclusion of interest on the Bonds Outstanding prior to the issuance of such Additional Bonds from gross income for federal income tax purposes; (d) a Written Certificate The proceeds of the Authority that the requirements sale of Section 3.04 hereof have been met;such Additional Bonds; and (e) a Written Certificate of the City that the requirements of Section 3.04 hereof and Sections 5.01 and 5.02 of the Lease Agreement have been met, and a Written Certificate of the City as to the use of proceeds received therefrom; and (f) Such further documents or money as are required by the provisions hereof or by the provisions of the Supplemental Indenture authorizing the issuance of such Additional Bonds.

Procedure for the Issuance of Additional Bonds. At any time after the sale of any Additional Bonds in accordance with the Act, such Additional Bonds shall be executed by the Authority for issuance hereunder and shall be delivered to the Trustee and thereupon shall be authenticated and delivered by the Trustee, but only upon receipt by the Trustee of the following: (a) Certified copies of the Supplemental Indenture authorizing the issuance of such Additional Bonds, the amendment to the Lease Agreement required by Section 3.04 3.06 hereof and the amendment to the Ground Lease, if any, required by Section 3.04 3.06 hereof, together with satisfactory evidence that provision has been made for such amendment to the Lease Agreement and such amendment to the Ground Lease, if any, to be recorded in the official records of the appropriate county; Bondshave been duly recorded; (b) A Written Request of the Authority as to the delivery of such AdditionalAdditional Bonds; (c) An opinion of Bond Counsel substantially to the effect that (i) the Indenture (including all Supplemental Indentures), the Lease Agreement (including the amendment thereto required by Section 3.04 3.06 hereof) and the Ground Lease (including any amendment thereto required by Section 3.04 3.06 hereof) have been duly authorized, executed and delivered by, and constitute the valid and binding obligations of, the Authority and the City, enforceable in accordance with their terms (except as enforcement may be limited by bankruptcy, insolvency, reorganization, moratorium and other similar laws affecting creditors rights and by the application of equitable principles and by the exercise of judicial discretion in appropriate cases and subject to the limitations on legal remedies against political subdivisions in the State of California), and (ii) such Additional Bonds constitute valid and binding special obligations of the Authority payable solely from Base Rental Payments as provided herein and are enforceable in accordance with their terms (except as enforcement may be limited by bankruptcy, insolvency, reorganization, moratorium and other similar laws affecting creditors rights and by the application of equitable principles and by the exercise of judicial discretion in appropriate cases and subject to the limitations on legal remedies against political subdivisions in the State of California), and (iii) the issuance of such Additional Bonds, in and of itself, will not adversely affect the exclusion of interest on the Bonds Outstanding prior to the issuance of such Additional Bonds from gross income for federal income tax purposes; (d) a Written Certificate of the Authority that the requirements of Section 3.04 3.06 hereof have been met; (e) a Written Certificate of the City that the requirements of Section 3.04 3.06(c) hereof and Sections 5.01 and 5.02 of the Lease Agreement have been met, and a Written Certificate of the City as to the fair rental value of the Property, after giving effect to the execution and delivery of the Additional Bonds, and to the use of proceeds received therefrom; (f) certified copies of the policies of insurance required by Section 5.01 of the Lease Agreement or certificates thereof, which shall evidence that the amounts of the insurance required under subsections (c) and (d) of Section 5.01 of the Lease Agreement have been increased, if applicable, to cover the amount of such Additional Bonds; (g) a CLTA title insurance policy or other appropriate form of policy in the amount of the Additional Bonds of the type and with the endorsements described in Section 5.02 of the Lease Agreement; (h) The proceeds of the sale of such Additional Bonds; and (fi) Such further documents as are required by the provisions hereof or by the provisions of the Supplemental Indenture authorizing the issuance of such Additional Bonds.

Procedure for the Issuance of Additional Bonds. At any time after Whenever the sale Agency and the City shall determine to authorize the issuance of any Additional Bonds in accordance with Bonds, the ActAgency, the City and the Trustee shall enter into a Supplemental Indenture satisfying the conditions of Section 3.05(a) hereof. Before such Additional Bonds shall be executed by issued, the Authority for issuance hereunder Agency and the City shall file or cause to be delivered to filed with the Trustee and thereupon shall be authenticated and delivered by the Trustee, but only upon receipt by the Trustee of the following: (a1) Certified copies an Opinion of Counsel setting forth (i) that counsel rendering such opinion has examined the Supplemental Indenture authorizing the issuance of such Additional BondsIndenture, the amendment to the Lease Agreement required by Section 3.04 hereof Lease, if any, and the amendment to the Ground Site Lease, if any, required by Section 3.04 hereof, together with satisfactory evidence (ii) that provision the issuance of the Additional Bonds has been made for such amendment to duly authorized by the Lease Agreement Agency, (iii) that the execution and such amendment to delivery of the Ground LeaseSupplemental Indenture and, if any, to be recorded in the official records of the appropriate county; Bonds; (b) A Written Request of the Authority as amendments to the delivery of such Additional (c) An opinion of Bond Counsel substantially to the effect that (i) the Indenture (including all Supplemental Indentures), the Lease Agreement (including the amendment thereto required by Section 3.04 hereof) and the Ground Site Lease (including any amendment thereto required by Section 3.04 hereof) have been duly authorized, executed and delivered byby the Agency and the City, (iv) that upon execution and constitute delivery of such Supplemental Indenture and any such amendments to the Lease and the Site Lease, this Indenture, as amended and supplemented by such Supplemental Indenture, and, if so amended, the Lease and the Site Lease, as amended by such amendments, will be valid and binding obligations of, of the Authority Agency and the City, enforceable in accordance with their terms and (except as enforcement may be limited by bankruptcyv) that the execution and delivery of the Supplemental Indenture and, insolvencyif any, reorganization, moratorium and other similar laws affecting creditors rights and by the application of equitable principles and by the exercise of judicial discretion in appropriate cases and subject amendments to the limitations Lease and the Site Lease, in and of themselves, do not adversely affect the exclusion from gross income for federal income tax purposes of interest on legal remedies against political subdivisions in the State of California), and (ii) such Additional Bonds constitute valid and binding special obligations of the Authority payable solely from Base Rental Payments as provided herein and are enforceable in accordance with their terms (except as enforcement may be limited by bankruptcy, insolvency, reorganization, moratorium and other similar laws affecting creditors rights and by the application of equitable principles and by the exercise of judicial discretion in appropriate cases and subject to the limitations on legal remedies against political subdivisions in the State of California)Tax-Exempt Bonds; (d2) a Written Certificate of the Authority Agency that the requirements of Section 3.04 3.05(a) hereof have been met; (e3) a Written Certificate of the City that the requirements of Section 3.04 3.05(a) hereof and Sections 5.01 and 5.02 of the Lease Agreement have been met, and which shall include a Written Certificate certification as to the fair rental value of the City as Property, after giving effect to any amendments to the Lease and the Site Lease entered into in connection with the issuance of the Additional Bonds and taking into account the use of proceeds received therefromof such Additional Bonds; (4) certified copies of the resolutions of the Agency Board and the City Council of the City authorizing the execution and delivery of the Supplemental Indenture and, if any, the amendments to the Lease and the Site Lease; (5) executed counterparts or duly authenticated copies of the Supplemental Indenture and, if any, the amendments to the Lease and the Site Lease, with satisfactory evidence that any such amendments to the Lease and the Site Lease have been duly recorded in the appropriate records of the county in which the Leased Property is located; (6) certified copies of the policies of insurance required by Section 9 of the Lease or certificates thereof, which shall evidence that the amounts of the insurance required under subsections (c) and (d) of Section 9 of the Lease have been increased, if applicable, to cover the amount of such Additional Bonds; (7) a CLTA or ALTA title insurance policy or other appropriate form of policy in the amount of the Additional Bonds of the type and with the endorsements described in Section 8 of the Lease; and (f) Such further 8) the consent of the Insurer.] Upon the delivery to the Trustee of the foregoing instruments and upon the Trustee’s being satisfied from an examination of said instruments that all of the documents as are required by this Section have been delivered, the provisions hereof or by the provisions of the Supplemental Indenture authorizing the issuance of Trustee shall authenticate such Additional Bonds, and shall deliver such Additional Bonds to, or upon the request of, the Agency.