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R99-187 AUTHORIZING THE ISSUANCE AND SALE OF ECONOMIC DEVELOPMENT REVENUE BONDS
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R99-187 AUTHORIZING THE ISSUANCE AND SALE OF ECONOMIC DEVELOPMENT REVENUE BONDS
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4/7/2016 9:29:42 AM
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Resolution/Ordinance
Res Ord Num
R99-187
Res Ord Title
AUTHORIZING THE ISSUANCE AND SALE OF ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 1999, AUTHORIZING EXECUTION OF A LOAN AGREEMENT, AN ASSIGNMENT AND AGREEMENT, AND A BOND PURCHASE AGREEMENT
Approved Date
11/1/1999
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has arranged the terms and conditions under which the Bonds will be sold and delivered and the <br /> Issuer is relying on the actions of the Company in that connection. ' <br /> Section 3.2. The Loan. <br /> Upon the terms and conditions of this Loan Agreement, the Issuer agrees to make a loan , <br /> to the Company of the proceeds received from the sale of the Bonds for the purposes herein <br /> specified. The Company's obligation to repay such loan shall be evidenced by the Note. Such <br /> loan shall be made by depositing the Bond proceeds (excluding amounts required to be deposited , <br /> in the Bond Fund pursuant to the Bond Resolution) in the Project Fund as provided in Section 5 <br /> of the Bond Resolution. The Company, and expressly not the Issuer or the Assignee, shall be <br /> responsible for the appropriate deposit, application and investment of such funds. ' <br /> The Company shall pledge to the Issuer, for simultaneous assignment to the Assignee, all <br /> its right, title and interest in and to the proceeds of such loan, including any securities purchased '' <br /> with such proceeds and any earnings thereon, to secure the payment of the Notes, such pledge to �� <br /> be effected by the deposit of such proceeds in the Project Fund in accordance with this Loan I, <br /> Agreement. Such pledge shall continue so long as such proceeds are held in the Project Fund, it � <br /> being understood that the Assignee shall be authorized to (but shall not be so required unless I <br /> directed by the Company and appropriately indemnified) apply and disburse such proceeds as i <br /> provided in the Arbitrage Regulation Agreement and ARTICLE IV hereof. The Company <br /> consents to the Issuer assigning and pledging its interest in such proceeds to the Assignee to I <br /> secure the payment of the Bonds as set forth in the Assignment. <br /> Section 3.3. Re�avment of the Note. <br /> To evidence its obligation to repay the loan described in Section 3.2 hereof, the Company <br /> shall issue concunently with the issuance of the Bonds, its Note to the Issuer, the Note to be in <br /> substantially the form of Exhibit A hereto. The Company's obligation to repay such loan shall <br /> exist as provided in the Note or, if the Note cannot be located, as provided in the form thereof <br /> attached as Exhibit A hereto, regardless of whether the Note is in e�cistence, and the provisions <br /> hereof respecting the Company's obligations to make payments of principal of, and premium, if <br /> any, and interest on, the Note or the Notes shall encompass the Company's obligations to repay <br /> such loan and all related obligations and amounts. <br /> Section 3.4. Additional Amounts Pa.vable. <br /> The Company shall pay the following amounts to the following persons, all as "Additional <br /> Payments" under this Loan Agreement: <br /> (a) To the Paying Agent, on or prior to each date on which any payment into the Bond <br /> Fund is to be made, for deposit in the Bond Fund, all amounts required to be deposited therein <br /> pursuant to this Loan Agreement, the Bond Registrar and Paying Agent Agreement or the Notes; <br /> 21 <br />
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