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Res13 15263
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Res13 15263
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Last modified
8/28/2013 12:22:50 PM
Creation date
5/23/2013 9:38:47 AM
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Template:
CC Index
CC Index - Document Type
Resolution
Meeting Type
Joint
Agency Type
City Council and Public Finance Authority
Date
5/20/2013
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amount shall have been fully paid and the City agrees to pay the same as set forth in Exhibit B <br /> hereto. In the event an Installment Payment is insufficient to make the payments of principal and <br /> interest represented by the Bonds on the next succeeding Interest Payment Date, due to <br /> investment losses incurred while on deposit in the Payment Fund or for any other reason,the City <br /> shall immediately pay to the Trustee upon notice therefrom additional amounts to cure such <br /> insufficiency. <br /> The obligation of the City to make the Installment Payments is absolute and <br /> unconditional, whether or not the Project shall be acquired, and until such time as all Installment <br /> Payments shall have been fully paid and the Bonds are no longer Outstanding (or provision for <br /> the payment thereof shall have been made pursuant to Article IX of the Indenture), the City will <br /> not, under any circumstances,discontinue, abate or suspend any Installment Payments required to <br /> be made by it under this Section 3.01 when due, whether or not the Enterprise or any part thereof <br /> is operating or operable or has been completed, or whether or not the Enteiprise is condemned, <br /> damaged, destroyed or seized or its use is suspended, interfered with, reduced or curtailed or <br /> terminated in whole or in part, and such payments shall not be subject to reduction whether by <br /> offset, counterclaim, defense, recoupment, abatement, suspension, deferment or otherwise and <br /> shall not be conditional upon the performance or nonperformance by any party of any agreement <br /> or covenant contained herein for any cause whatsoever. <br /> Section 3.02. Interest Component of the Installment Payments <br /> The Installment Payments include interest from the date of the respective series of <br /> Bonds until the payment of the principal thereof and the prepayment premiums, if any, thereon, <br /> shall have been made or provided for in accordance with the provisions of Article IX of the <br /> Indenture, whether at maturity, upon prepayment or otherwise. The interest component of the <br /> Installment Payments accrued from the date of the respective series of Bonds and from each <br /> Interest Payment Date to, but not including, the next succeeding Interest Payment Date shall be <br /> paid on each such succeeding Interest Payment Date and shall be computed on the basis of a year <br /> of�360 days and twelve 30-day months: <br /> Section 3.03. Establishment of Accounts. <br /> The funds and accounts and flow of funds set forth in this Article III are hereby <br /> � established and shall control to the extent inconsistent with any other terms of this Installment <br /> Purchase Contract or the Indenture: <br /> Section 3.04. Pledee of Net Revenues and Other Funds• Revenue Fund <br /> The City hereby irrevocably pledges all of the Net Revenues to the punctual <br /> payment of the Installment Payments and such Net Revenues, except as otherwise permitted <br /> herein, shall not be used for any other purpose while any of the Bonds remain outstanding. This <br /> pledge shall, subject to Section 7.02 of the Indenture, constitute a first lien on the Net Revenues <br /> . for the payment of the Installment Payments and payments of all Parity Obligations in ' <br /> accordance with the terms hereof and thereof. <br /> 8 <br /> 338529_1.DOC <br />
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