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14-20 Cedar Glen Bond Ordinance Addendums
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14-20 Cedar Glen Bond Ordinance Addendums
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3/18/2020 2:57:42 PM
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3/18/2020 2:55:23 PM
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
3/23/2020
Bill Number
14-20
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ARTICLE IV <br /> LOAN BY ISSUER; REPAYMENT OF THE LOAN; <br /> LOAN PAYMENTS AND ADDITIONAL PAYMENTS <br /> Section 4.1. Loan Repayment; Delivery of Note. <br /> Upon the terms and conditions of this Agreement, the Issuer will make the Loan to the <br /> Borrower. In consideration of and in repayment of the Loan, the Borrower shall deliver or cause <br /> to be delivered to the Trustee on or before each Loan Payment Date, Loan Payments, equal to the <br /> amount necessary to pay interest on and principal of the Bonds due on the next Interest Payment <br /> Date. All such Loan Payments shall be paid to the Trustee in accordance with the terms of the <br /> Note for the account of the Issuer and shall be held and disbursed in accordance with the <br /> provisions of the Indenture and this Agreement. <br /> To the extent that amounts are in the Assignment Fund and the Bond Fund for the <br /> payment of all Bond Service Charges on the Bonds, the Borrower shall be entitled to a credit <br /> against the Loan Payments required to be made with respect to the Bonds on any date equal to <br /> the amount withdrawn from the Assignment Fund for the payment of Bond Service Charges on <br /> the Bonds on that date. <br /> To secure the Borrower's performance of its obligations under this Agreement, the <br /> Borrower shall execute and deliver, concurrently with the issuance and delivery of the Bonds,the <br /> Note and the Regulatory Agreement. <br /> Upon payment in full, in accordance with the Indenture, of the Bond Service Charges on <br /> any or all Bonds, whether at maturity or otherwise, or upon provision for the payment thereof <br /> having been made in accordance with the provisions of the Indenture, (i) the Note shall be <br /> deemed fully paid, the obligations of the Borrower thereunder shall be terminated, and the Note <br /> shall be surrendered by the Trustee to the Borrower, and shall be canceled by the Borrower, or <br /> (ii) an appropriate notation shall be endorsed thereon evidencing the date and amount of the <br /> principal payment(or prepayment) equal to the Bonds so paid, or with respect to which provision <br /> for payment has been made, and the Note shall be surrendered by the Trustee to the Borrower for <br /> cancellation if all Bonds shall have been paid (or provision made therefor) and canceled as <br /> aforesaid. Unless the Borrower is entitled to a credit under express terms of this Agreement or <br /> the Note, all payments on the Note shall be in the full amount required thereunder. <br /> The Borrower and the Issuer each acknowledge that neither the Borrower nor the Issuer <br /> has any interest in the Bond Fund or the Assignment Fund and any moneys deposited therein <br /> shall be in the custody of and held by the Trustee in trust for the benefit of the Holders. <br /> Section 4.2. Additional Payments. <br /> The Borrower shall pay to the Issuer or the Trustee, as the case may be, as Additional <br /> Payments hereunder the following: <br /> (a) To the Issuer or the Trustee, as the case may be, whether or not an Event <br /> of Default has occurred hereunder, as payment for or reimbursement or prepayment of <br /> any and all costs, expenses, and liabilities (i) incurred or paid by the Issuer or the Trustee, <br /> 11 <br />
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