AgdaPkt 2020-11-23 Joint SA PFA - Laserfiche WebLink

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8.A. - Page 12 of 51 Financing Agreement includes provisions to include all SWRCB Loans as Parity Debt starting no later than the SWRCB Parity Date. 5. Section 14 of the Original Financing Agreement provides that the Original Financing Agreement may be amended by a written instrument duly authorized and executed by the Authority and the City, and the City and the Authority desire to further amend the Financing Agreement as set forth in this Fourth Amendment. AGREEMENT: In consideration of the foregoing and the material covenants hereinafter contained, the City and the Authority formally agree as follows: Section 1. Definitions. All capitalized terms used in this Fourth Amendment and not defined herein shall have the respective meanings given such terms in the Financing Agreement. Section 2. Amendment to Definition of Bonds. The definition of "Bonds" as set forth in the Financing Agreement will be amended in its entirety to read as follows: Bonds" means any bonds, notes, loans, or other obligations issued or incurred by the Authority in accordance with the Joint Powers Agreement to finance or refinance the Project which are expressly secured by SBSA Bond Payments, including, on and after the SWRB Parity Date, the SWRCB Loans set forth in subsection (a) of the definition thereof." Section 3. Addition of Definition of SWRCB Loans. The term "SWRCB Loans" is hereby added to Appendix A of the Original Financing Agreement having the following definition: ""SWRCB Loans" means, (a) the following loan agreements between the Authority and the State Water Resources Control Board: (i) Planning Loan Agreement designated as Agreement No. D15-01025, as amended; (ii) Project Finance Agreement designated as Agreement No. 11-845-550, as amended; and (iii) Project Finance Agreement designated as Agreement No. 11-827-550; and (b) any State Water Resources Control Board loans entered into by the Authority in the future." Section 4. Addition of Definition of SWRCB Parity Date. The term "SWRCB Parity Date" is hereby added to Appendix A of the Original Financing Agreement having the following definition: ""SWRCB Parity Date" means the earlier of (a) the date the 2014 Bonds, the 2015 Bonds and the 2018 Bonds are no longer outstanding and the WIFIA Loan Agreement (as defined in the Third Amendment) has been amended to provide that the City's obligation to make its allocable share of payments under the SWRCB Loans shall be secured by a pledge of and lien upon any of the Net Revenues on a parity with Parity Debt, and (b) December 31, 2028 or such later date as may be agreed to by the Authority and the SWRCB in writing." REV: 11-16-2020 MI ATTY/AGR.Amend No. 4/SVCW (Page 2 of 5)