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No. 1506 approving a proposed lease between the SBRA and the SBRC for certain land and public improvements, approving preliminary plans, speccifications and cost estimates, setting a public hearing (Palais Royale)
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No. 1506 approving a proposed lease between the SBRA and the SBRC for certain land and public improvements, approving preliminary plans, speccifications and cost estimates, setting a public hearing (Palais Royale)
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obtain such insurance, and any action or non - action of the Authority or Trustee in this regard <br />shall not relieve the Lessee of any consequences of a default in failing to obtain such insurance. <br />Section 13. General Covenants. The Lessee shall not assign this Lease or sublet any <br />part of the Project herein described without the prior written consent of the Authority; provided, <br />however, that the Lessee shall in no event assign this Lease or sublet any part of the Project if <br />such assignment or sublease will result in the loss of the exclusion from gross income for federal <br />tax purposes of interest on any obligation issued by the Authority to finance the Project which <br />is at the date of its issuance subject to such exclusion. The Lessee covenants that, except for <br />Permitted Encumbrances, it will not encumber the Project, or permit any encumbrance to exist <br />thereon, and that it shall use and maintain the Project in accordance with the laws and ordinances <br />of the United States of America, the State of Indiana, and all other proper governmental <br />authorities. The Authority agrees that it will, at the request of the Lessee, execute and deliver <br />to or upon the order of the Lessee such instrument or instruments as may be reasonably required <br />by the Lessee in order to subject the Project, or the Authority's interest therein, to such <br />encumbrances as shall be specified in such request and as shall be permitted by the provisions <br />of this Section 13 or otherwise by the definition of "Permitted Encumbrances ". <br />Section 14. Option to Purchase. The Authority hereby grants Lessee the right and <br />option, on any rental payment date, upon thirty days' written notice to the Authority, to purchase: <br />(i) the Original/Combined Project at a price equal to the amount required to enable the Authority <br />to provide for the redemption of all outstanding Original Bonds; (ii) the Additional/Combined <br />Project at a price equal to the amount required to enable the Authority to provide for the <br />redemption of all outstanding Additional Bonds; or (iii) the Project at a price equal to amount <br />required to enable the Authority to provide for the redemption of all outstanding Bonds; all <br />premiums payable on the redemption thereof, and accrued and unpaid interest, and to pay the cost <br />of redeeming such Bonds (if all Bonds are to be redeemed) and liquidating the Authority if it is <br />to be liquidated. <br />Upon request of the Lessee, the Authority agrees to furnish an itemized statement setting <br />forth the amounts required to be paid by the Lessee on the next rental payment date in order to <br />effect said purchase in accordance with the preceding paragraph. <br />If the Lessee exercises its option to purchase, the Lessee shall pay to the Trustee that <br />portion of the purchase price which is required to provide for the payment of the Bonds to be <br />redeemed as a result of the exercise of such option to purchase, including all premiums payable <br />on the redemption thereof, accrued and unpaid interest thereon and the costs of redemption <br />thereof. Such payment shall not be made until the Trustee gives to the Lessee a written statement <br />60 that such amount will be sufficient to retire the Bonds to be redeemed including all premiums <br />payable on the redemption thereof and accrued and unpaid interest. <br />The remainder of such purchase price, if any, shall be paid by the Lessee to the Authority. <br />Nothing herein contained shall be construed to provide that the Lessee shall be under any <br />obligation to purchase the Project, or any portion thereof, or under any obligation in respect to <br />any creditors or bondholders of the Authority. <br />Sol <br />
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