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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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(b) To the Assignee, on or prior to each date on which any payment into the Project Fund <br /> is to be made, for deposit in the Project Fund, all amounts required to be deposited therein <br /> pursuant to this Loan Agreement; <br /> (c) To the Assignee, on or prior to each date on which any such payment is to be made, <br /> for deposit into the Rebate Fund or as payment to the Assignee, all amounts required to be <br /> deposited therein or paid pursuant to the Arbitrage Regulation Agreement; <br /> (d) To the Bond Registrar, at closing the sum of$0 and thereafter in accordance with the <br /> usual and customary fees charged by Central Illinois Bank, as payment for its services rendered <br /> under the Bond Registrar and Paying Agent Agreement, the Mortgage or this Loan Agreement. <br /> Said fees shall initially be in the amount of$0 per year. In addition to the foregoing there shall be <br /> paid to the Bond Registrar all reasonable expenses (including reasonable fees and charges of any <br /> paying agent, bond registrar, counsel, accountant, engineer or other person) incurred in the <br /> performance of the duties of the Bond Registrar under the Mortgage or this Loan Agreement for <br /> which the Bond Registrar and other persons are entitled to repayment or reimbursement upon <br /> presentation of an itemized statement of such expenses. Provided, however, no fees or charges <br /> (other than out-of-pocket costs) of the Bond Registrar or Paying Agent shall be charged to the <br /> Company as long as Central Illinois Bank acts as the Bond Registrar and Paying Agent and <br /> Central Illinois Bank is the sole Owner of the Bonds; <br /> (e) To the Issuer, upon demand, all reasonable expenses (including reasonable attorney's <br /> fees of outside counsel) incurred by the Issuer in relation to the transactions contemplated by this <br /> Loan Agreement, Bond Resolution and the Assignment, or the official actions taken by the Issuer <br />, preliminary to the issuance of the Bonds, which are not otherwise to be paid by the Company <br /> under this Loan Agreement or the Assignment; <br /> (� To the appropriate person, all taxes, assessments and charges required to be paid by <br /> Section 5.7 of this Loan Agreement; <br /> (g) To the appropriate Person, such Additional Payments as are required (i) as payment <br /> for or reimbursement of any and all reasonable costs, expenses and liabilities incurred by the <br /> Issuer or the Assignee or both of them in satisfaction of any obligations of the Company <br /> hereunder that the Company does not perform, or incurred in the defense of any action or <br /> proceeding with respect to the Project, this Loan Agreement, the Notes, the Assignment of Rents <br /> and Leases, or the Mortgage, (ii) as reimbursement for expenses paid, or as prepayment of ' <br /> expenses to be paid, including reasonable attorney's fees, by the Issuer or the Assignee and that <br /> are incurred as a result of a request by the Company or a requirement of this Loan Agreement and i <br /> that the Company is not otherwise required to pay under this Loan Agreement; and I <br /> (h) To the appropriate Person, any other amounts required to be paid by the Company <br /> under and as described in this Loan Agreement. <br /> Any past due Additional Payments continue as an obligation of the Company until paid <br /> and shall bear interest at the Taxable Rate during the period such Additional Payments remain <br /> unpaid, commencing with the date due and payable, and without demand. <br /> 22 <br />
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