Issuance of Bonds. Subject to the satisfaction of and compliance with all of the provisions, covenants and requirements of this Agreement, in order to provide funds for the payment of the Project Costs, the Issuer has authorized the issuance and delivery of the Bonds to the Initial Purchaser in accordance with the Indenture.
Issuance of Bonds. The Authority has concurrently with the execution and delivery hereof sold and delivered the Bonds under and pursuant to a resolution adopted by the Authority on June 18, 2003, authorizing their issuance under and pursuant to the Indenture. The proceeds of sale of the Bonds shall be applied as provided in Articles IV and V of the Indenture.
Issuance of Bonds. In order to refinance a portion of the cost of the Project by effecting the Refunding, the Issuer shall issue the Bonds under and in accordance with the Act and pursuant to the Indenture. The Company hereby approves the issuance of the Bonds and all terms and conditions thereof.
Issuance of Bonds. The City shall at all times maintain the ability to issue bonded indebtedness payable from Net Revenues in an amount at least equal to the sum of (i) the aggregate principal amount of the Commercial Paper Notes plus (ii) the aggregate amount of accrued interest to maturity on all Commercial Paper Notes, plus (iii) any Obligations payable to the Bank hereunder, including without limitation, under the Bank Note.
Issuance of Bonds. In order to provide funds to finance the acquisition, construction and installation of the Project, the Issuer, concurrently with the execution of this Loan Agreement, will sell, issue and deliver to the initial purchasers thereof the Bonds, all in accordance with the Indenture. The Issuer will thereupon cause the accrued interest, if any, received upon the delivery of the Bonds to be deposited in the Debt Service Fund and the balance of the proceeds received from the sale of the Bonds to be deposited in the Construction Fund.
Issuance of Bonds. Upon the execution and delivery of this Indenture, the Authority shall execute and deliver the Bonds in the principal amounts set forth in Section 2.1 hereof to the Trustee for authentication and delivery to the Original Purchaser thereof upon the Request of the Authority.
Issuance of Bonds. In order to assist the Company in the refunding of the Refunded Bonds, the Issuer, concurrently with the execution hereof, will issue, sell and deliver the Bonds. The proceeds of the Bonds shall be loaned to the Company in accordance with Section 4.1. The Bonds will be issued under and pursuant to the Trust Indenture (as amended from time to time, the “Indenture”) dated as of February 1, 2012 between the Issuer and Xxxxx Fargo Bank, National Association, as trustee (in that capacity, the “Trustee”), and will be issued in the aggregate principal amount, will bear interest, will mature and will be subject to redemption as set forth therein. The Company hereby approves the terms and conditions of the Indenture and the Bonds, and the terms and conditions under which the Bonds have been issued, sold and delivered. The proceeds from the sale of the Bonds shall be loaned to the Company to assist the Company in refunding the Refunded Bonds within ninety days of the issuance of the Bonds. Those proceeds shall be delivered by the Trustee to the Original Bonds Trustee, as provided in the Indenture, to be held, together with any moneys provided by the Company and any interest earnings on those proceeds and those moneys, in trust, for the purpose of paying all of the principal of, and interest due on, the Refunded Bonds on their date of redemption. The Company acknowledges that the proceeds of the Bonds will be insufficient to pay the full costs of refunding the Refunded Bonds and that the Issuer has made no representation or warranty with respect to the sufficiency thereof. The Company further acknowledges that it is (and will remain after the issuance of the Bonds) obligated to, and hereby confirms that it will, pay all costs of the refunding of the Refunded Bonds. The Company hereby requests that the Issuer notify The Bank of New York Mellon Trust Company, National Association, as the Trustee (the “Refunded Bonds Trustee”) under the Original Bonds Indenture for the Refunded Bonds, that, pursuant to the Original Bonds Indenture, the entire outstanding principal amount of the Refunded Bonds is to be redeemed on March 13, 2012 at a redemption price of 100% of the principal amount thereof, plus interest accrued to that redemption date. The Issuer acknowledges and confirms that it has directed the Refunded Bonds Trustee to so call the Refunded Bonds for optional redemption on that date.
Issuance of Bonds. Agency shall issue a Bond in the form and principal amount and bearing interest and being subject to such terms and conditions as are specified on Exhibit D attached hereto. No Bond will be issued until the Developer has (a) acquired fee title to the Premises; and (b) entered into a contract for construction of the Project. The Agency shall have no obligation to find a lender or investor to acquire the Bond, but rather shall issue the Bond to or to the order of Developer upon payment of the principal amount thereof.
Issuance of Bonds. Upon the written request of the Owner or City, the Owner and the City staff shall meet regarding the amount, timing and other material aspects of each series of the Bonds. The legal proceedings for the issuance of the Bonds and the series, principal amounts, rates, terms, conditions and timing of the sale of the Bonds shall be in all respects be solely determined by the City Council of the City, acting as the governing body of the District, in accordance with this Acquisition Agreement; provided that, subject to satisfaction of the applicable Financing Policies, sound municipal financing practices and the requirements of this Acquisition Agreement, as soon as possible following the execution of this Acquisition Agreement the City shall use commercially reasonable efforts to cause the District to issue and sell the Bonds in an amount sufficient to fund the Facilities. For purposes of sizing each series of Bonds, the priority annual administrative expense shall be $30,000 for the District. Prior to the Bonds being issued for the District, the Owner will be required to provide all information regarding the development of its property within the District, including the financing plan for such development, which is necessary to ensure that the official statement for such Bonds complies with the requirements of all applicable federal and state securities laws, including without limitation Rule l5c2-12 and Rule 10(b)-5 of the Securities and Exchange Commission (the “Commission”). Moreover, each property owner which is responsible for twenty percent (20%) or more of the maximum special tax within the District at the time each series of Bonds are issued (each a “Major Landowner”) will be required to enter into a continuing disclosure agreement to provide such continuing disclosure pertaining to the development of the land owned by such Major Landowner in the District as necessary to assist the underwriter of the series of Bonds in complying with the continuing disclosure requirements of Rule 15c2-12 of the Commission and/or in marketing the Bonds. Each Major Landowner shall be required to execute a certificate in connection with each public sale of Bonds pursuant to which the Major Landowner shall indemnify and hold harmless City from claims arising from, or based upon, any untrue statement or alleged untrue statement of a material fact or omission or alleged omission of a material fact in the above-referenced information.
Issuance of Bonds. A. Each Bond Resolution of GBRA requires final approval by the WCID and shall specify the maximum principal amount and maximum interest rate of the series of Bonds to be issued thereunder, all material bond covenants and bond structure, which Bonds shall mature within forty (40) years from the date of issuance or such shorter period as determined by GBRA and shall bear interest not exceeding the maximum allowable rates, all as permitted by law, and each Bond Resolution shall contain such other terms and provisions pertaining to the security and payment of Bonds and the operation and maintenance of the Dam Facilities and other Project components as may be necessary for the marketing and sale of the Bonds. Subject to approval by the WCID, GBRA may from time to time issue its Bonds in such amounts as are necessary to achieve full implementation of the Project.
