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to the Initial Purchaser Representative of a final Collateral Fund Agreed Upon Procedures Letter, <br /> incorporating Initial Purchaser Representative's reasonable comments from the draft Collateral <br /> Fund Agreed Upon Procedures Letter, on the Closing Date. <br /> The Borrower further covenants to remit to the Trustee on the Closing Date, <br /> $ of its own funds for deposit in the Collateral Fund established pursuant to <br /> Section 4.08 of the Indenture. <br /> Section 2.21. Unconditional Obligation. As security for the payment of the Bonds,the City <br /> will assign and pledge to the Trustee all right, title and interest of the City in and to this Loan <br /> Agreement and the Series 2026A Note, including the right to receive payments hereunder and <br /> thereunder (except its Unassigned Rights, including without limitation, the right to receive <br /> payment of expenses, fees, indemnification and the rights to make determinations and receive <br /> notices hereunder),and hereby directs the Borrower to make said payments directly to the Trustee. <br /> The Borrower herewith assents to such assignment and pledge and will make payments directly to <br /> the Trustee without defense or set-off by reason of any dispute between the Borrower and the City <br /> or Trustee, and hereby agrees that its obligation to make payments hereunder and to perform its <br /> other agreements contained herein are absolute and unconditional. Until the principal of and <br /> interest on the Bonds shall have been fully paid or provision for the payment of the Bonds made <br /> in accordance with the Indenture, the Borrower(a) will not suspend or discontinue any payments <br /> provided for herein; (b)will perform all its other duties and responsibilities called for by this Loan <br /> Agreement; and (c) will not terminate this Loan Agreement for any cause, including, any acts or <br /> circumstances that may constitute failure of consideration, destruction of or damage to the <br /> Financed Property, commercial frustration of purpose, any change in laws of the United States of <br /> America or of the State or any political subdivision of either, or any failure of the City to perform <br /> any of its agreements, whether expressed or implied, or any duty, liability or obligation arising <br /> from or connected with the Indenture or this Loan Agreement. Nothing contained in this Section <br /> shall be construed to release the City from the performance of any agreements on its part herein <br /> contained or any of its other duties or obligations, and in the event the City shall fail to perform <br /> any such agreement, duty or obligation, the Borrower may institute such action as it may deem <br /> necessary to compel performance or recover its damages for non-performance. Notwithstanding <br /> the foregoing, neither the City nor the Trustee shall have any obligation to advance or expend <br /> funds under this Loan Agreement beyond the extent of moneys in the Funds established under the <br /> Indenture available therefor. <br /> This Loan Agreement,the Series 2026A Note and the obligations of the Borrower to make <br /> payments hereunder are general obligations of the Borrower payable from the Trust Estate and any <br /> available funds of the Borrower. <br /> The Borrower agrees to use its best efforts to enable the City and the Trustee to comply <br /> with their respective obligations under the Indenture. <br /> Section 2.22. Notice Regarding Bankruptcy Petitions, Events of Default or Potential <br /> Default. The Borrower agrees to notify the Trustee, the Initial Purchaser Representative and the <br /> City in writing prior to any filing by it of a petition in bankruptcy and to notify the Trustee, the <br /> Initial Purchaser Representative and the City immediately by telephone and in writing as soon as <br /> -15- <br />