Refunding of Bonds. After the issuance of any Bonds, the Issuer shall not refund any of the Bonds or change or modify the Bonds in any way, except as provided for in the Indenture, without the prior written approval of an Authorized Company Representative; nor shall the Issuer redeem any Bonds prior to the maturity date except upon the written request of an Authorized Company Representative, unless such redemption is required or permitted by the Indenture without such request.
Refunding of Bonds. (1) Subject to satisfaction of the conditions set forth in this Section 2 and Section 10(c), Section 2.05 of the Indenture and the terms of the Refunded Bonds (as defined below), the Lessee shall have the right to request the Owner Trustee to, and upon any such request the Owner Trustee shall, take such steps as may be necessary to refund in whole or in part any Bonds then Outstanding (the "Refunded Bonds"), including the issuance on any Refunding Date of one or more series of Additional Bonds (any such Additional Bonds with respect to which the proceeds are used to refund the Refunded Bonds being hereinafter referred to as the "Refunding Bonds") in an aggregate principal amount equal to such Refunded Bonds; provided, however, that unless the Owner Participant shall have consented thereto, the Lessee shall not exercise the right granted in this Section 2(b) on more than six occasions. In addition, subject to the terms of the Indenture and Section 10(c), the Lessee may require the Owner Trustee to issue Additional Bonds and to use the proceeds thereof to finance (x) all fees, expenses, disbursements and costs (including legal and other professional fees and expenses) incurred by the Owner Participant, the Owner Trustee, the Indenture Trustee and the Collateral Trust Trustee (to the extent that the Lessee is liable therefor pursuant to Section 13(c)) in connection with any refunding pursuant to this Section 2(b) and (y) all fees, expenses, disbursements and costs incurred by the Lessee in connection with any such refunding pursuant to this Section 2(b), including, without limitation, the costs of preparing any related underwriting agreement and registration statement, all filing fees relating to any such registration statement, the fees, expenses and disbursements of counsel to any underwriters of the Additional Bonds, rating agency fees, and the fees and commissions of the underwriters of such Additional Bonds (including the Refunding Bonds).
(2) Subject to satisfaction of the conditions set forth in this Section 2 and Section 10(c) and Section 2.04 of the Collateral Trust Indenture, the Lessee shall have the right to request Funding Corporation to issue Collateral Bonds in connection with the issuance of Additional Bonds pursuant to this Section 2(b), and upon such request, on any Refunding Date, Funding Corporation shall issue and sell Collateral Bonds and lend the proceeds thereof to the Owner Trustee in an amount (a "Refunding Loan") equal to the aggreg...
Refunding of Bonds. The Bonds may be refunded by the County pursuant to Divisions 11 or 11.5 of the Bond Law upon the conditions as set forth in appropriate proceedings therefor. This Section shall not apply to or in any manner limit advancement of the maturity of any of the Bonds as provided in Parts 8, 9, 11, or 11.1 of the Bond Law, nor shall this Section 2.04 apply to or in any manner limit the redemption and payment of any Bond pursuant to subsequent proceedings providing for the payment of amounts to eliminate previously imposed fixed lien assessments, including the Assessments.]
Refunding of Bonds. In the event that all Outstanding Bonds are paid, redeemed or deemed to have been paid within the meaning of Article VIII hereof by reason of the application of the proceeds of the sale of any obligations the interest on which is exempt from federal income taxation, under an indenture other than this Indenture, the Trustee shall, without further authorization, withdraw all amounts constituting part of the Trust Estate remaining in the Capital Account and the Investment Account maintained within the Construction Fund and deposit such amounts into corresponding accounts in the construction, acquisition or other similar fund created under the indenture under which such obligations are issued, with advice to the Pollution Control Corporation and the Company of such action, such withdrawals and deposits to be made, in accordance with the provisions of such indenture, on the date on which such Bonds are so paid, redeemed or deemed to have been paid; provided, however, that if Bonds shall have been paid, redeemed or deemed to have been paid within the meaning of Article VIII hereof by reason of the application of the proceeds of the sale of more than one issue of obligations the interest on which is excluded from gross income for federal income tax purposes under indentures other than this Indenture, the Trustee shall, if directed by an Authorized Company Representative, withdraw all amounts remaining in the Capital Account and the Investment Account maintained within the Construction Fund and such amounts shall be allocated among, and deposited into, as directed by such Authorized Company Representative, corresponding accounts in the construction, acquisition or other similar funds created under the indentures under which such obligations are issued, with advice to the Pollution Control Corporation and the Company of such action, such withdrawals and deposits to be made, in accordance with the provisions of such indentures, on the date on which all Bonds are so paid, redeemed or deemed to have been paid.
Refunding of Bonds. The Loan Participant agrees that, unless it obtains the written consent of the Owner Participant, (1) it will refund its Lease Obligation Bonds, Series 1986B (the Bonds), issued pursuant to the Series 1986B Bond Supplemental Indenture, dated as of November 18, 1986 (the series 1986B Bond Supplemental Indenture), only in connection with the refunding of an equal principal amount of the Pledged Lessor Notes identified in schedule 2 to the Series 1986B Bond Supplemental Indenture (the Pledged Lessor Notes), or, to the extent that the Lessor Notes described in Schedule 3 to such Series 1986B Bond Supplemental Indenture (the Lessor Notes) are subjected to the lien of the Collateral Trust Indenture, in connection with the refunding of an equal principal amount of such Lessor Notes and (2) subsequent to any Lessor Notes being subjected to the lien of the Collateral Trust Indenture, or, if the Lessor Notes are not so subjected, a mandatory redemption of Bonds pursuant to Section 1.04(a) of the Series 19863 Bond Supplemental Indenture, the principal amount of Pledged Lessor Notes bearing interest at the rates per annum of 8.05%, 8.95% and 10.15% respectively, and Lessor Notes, if any, bearing interest at the rates per annum of 8.05%, 8.95% and 10.15%, respectively, shall not be less than the principal amount of Bonds bearing interest at the rates per annum of 8.05%, 8.95% and 10.15% respectively.
Refunding of Bonds. The Bonds may be refunded by the County under Divisions 11 or 11.5 of the California Streets and Highways Code upon the conditions set forth in proceedings therefor, all as determined by the Board of Supervisors.
Refunding of Bonds. After the issuance of the Bonds, the Authority shall not refund the Bonds or change or modify the Bonds in any way, except as provided for in the Bond Resolution or the Indenture, without the prior written approval of the Company; nor shall the Authority redeem the Bonds prior to their scheduled maturities, or change or modify the Bond Resolution, without the prior written approval of the Company, unless such redemption is required by the Bond Resolution or the Indenture.
Refunding of Bonds. The Bonds may be refunded by the City pursuant to Divisions 11 or 11.5 of the California Streets and Highways Code upon the conditions as set forth in appropriate proceedings therefor. This Section shall not apply to or in any manner limit advancement of the maturity of any of the Bonds as provided in Parts 8, 9, 11, or 11.1 of the Bond Law, nor shall this Section 3.06 apply to or in any manner limit the redemption and payment of any Bond pursuant to subsequent proceedings providing for the payment of amounts to eliminate previously imposed fixed lien assessments, including the Reassessments.
Refunding of Bonds. The District acknowledges that either the CCFD Bonds or the Lease Revenue Bonds may be refunded. Any reasonable expenses of the District incurred in connection with any refunding of the CCFD Bonds or the Lease Revenue Bonds shall be paid by the City, which may provide for the payment of such expenses from the proceeds of any such refunding bonds.
Refunding of Bonds. The parties agree that within forty five (45) days from the date hereof, the Partnership shall apply to the Bond Issuer to refund the Bonds. It shall be a condition of this Agreement that the Bond Issuer shall approve the refunding of the Bonds to both Home Properties' and the Partnership's satisfaction and that the Refunded Bonds shall have been issued and closed. In the event that the Refunded Bonds are not issued and closed to both parties' satisfaction within two hundred ten (210) days from the date of the Partnership's application to the Bond Issuer as aforesaid, then either party shall have the right to terminate this Agreement by written notice to the other party, whereupon this Agreement shall, thereafter, be deemed to be null and void and of no further force and effect, neither party shall have any further rights or obligations under this Agreement. The Refunded Bonds shall be secured by a mortgage covering the Property and guaranteed by Home Properties or HME. It is the parties' intent that except as hereinafter immediately provided, any collateral pledged as required by applicable bond documents to secure the Bonds will be released; however, the Partnership acknowledges and agrees to allow the Collateral to remain in place or deposited in a comparable Partnership account until the Closing. The Partnership agrees to obtain the agreement of the Partners to guarantee the bottom or last $1,400,000 of the principal of the mortgage, after the exhaustion by the holder of the mortgage of all remedies and recourse thereunder, including, but not limited to foreclosure and sale of the Property. The guarantee shall be set forth in an agreement in form and substance satisfactory to the Partners, but in no event will the liability of the Partners exceed $1,400,000. All costs and expenses relating to the issuance and closing of the Refunded Bonds, except the fees of Partnership's counsel shall be borne and paid by Home Properties or HME, including but not limited to, any assumption fees in connection with the assumption of the Refunded Bonds.
