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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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Mortgages, or Supplemental Assignments of Rents and Leases as may be required (i) by this Loan ', <br /> Agreement, the Mortgage or the Assignment, (ii) for the purpose of curing any ambiguity or �', <br /> formal defect or omission, (iii) so as to more precisely identify the Project or substitute or add ', <br /> additional property thereto, (iv) in connection with the issuance of Additional Bonds, or (v) in <br /> connection with any other change therein which, in the judgment of the Assignee, is not to the <br /> prejudice of the Assignee or the Bondholders. <br /> B. Supplemental Loan Agreements. Supplemental Mortga�es or Supplemental <br /> Assi�nments of Rents and Leases Requiring Consent of Bondholders. Except for Supplemental <br /> Loan Agreements, Supplemental Mortgages or Supplemental Assignments of Rents and Leases as <br /> provided for in subsection A of this Section, neither the Issuer nor the Assignee shall consent to <br /> the execution of any Supplemental Loan Agreements, Supplemental Mortgages or Supplemental <br /> Assignments of Rents and Leases by the Issuer, the Assignee or the Company without the mailing <br /> of notice and the obtaining of the written approval or consent of the Registered Owners of not <br /> less than a majority in aggregate principal amount of the Bonds at the time Outstanding, provided <br /> that the consent of all the Registered Owners of Bonds then Outstanding shall be required for (a) <br /> an extension of the maturity of the principal of or interest on any Notes, or (b) a reduction in the <br /> principal amount of any Notes or the interest thereon, or (c) the creation of a lien ranking prior to <br /> or on parity with the lien of the Mortgage or the Assignment of Rents and Leases, unless <br /> otherwise permitted, or(d) a reduction in the aggregate principal amount of Bonds the Registered <br /> Owners of which are required to consent to any Supplemental Loan Agreement, Mortgage or <br /> Assignment of Rents and Leases. If at any time the Company shall request the consent of the <br /> Assignee to any such proposed Supplemental Loan Agreement, Supplemental Mortgage, <br /> Supplemental Assignment of Rents and Leases, the Assignee shall cause notice of such proposed <br /> Supplemental Loan Agreement, Supplemental Mortgage or Supplemental Assignment of Rents <br /> and Leases, to be mailed in the manner provided in Section 10.3. Upon consent of the Assignee, <br /> the Issuer shall execute such instrument. Such notice shall briefly set forth the nature of such <br /> proposed Supplemental Loan Agreement, Supplemental Mortgage or Supplemental Assignment <br /> of Rents and Leases and shall state that copies of the same are on file at the office of the Assignee <br /> for inspection by all Bondholders. <br /> ARTICLE IV <br /> ACQUISITION, CONSTRUCTION AND IlvIPROVEMENT <br /> OF TI�PROJECT; MANAGEMENT AND OPERATION <br /> OF THE PROJECT; PROJECT FUND, <br /> COMI'LETION OF THE PROJECT <br /> Section 4.l. Acquisition, Construction and Improvement. <br /> The Company represents, wanants, covenants and agrees that: <br /> (a) It will cause the acquisition, construction and improvement of the Project to be <br /> completed (i) with all reasonable dispatch, (ii) in accordance with the Plans and Specifications and <br /> the applicable provisions of this Loan Agreement and the Code, and (iii) free from all liens other <br /> than Permitted Encumbrances; <br /> 25 <br />
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