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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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Last modified
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 /> REVENUE AND FUNDS <br /> Section 4.1 Source of Payment of Bonds. The Bonds herein authorized and all payments to <br /> be made by the Issuer hereunder are not general obligations of the Issuer but are special and limited <br /> obligations payable solely from the Trust Estate as authorized by the Act and as provided herein. No <br /> covenant or agreement contained in the Bonds or this Agreement shall be deemed to be a covenant or <br /> agreement of the Issuer or of any member, director, officer, agent, attorney or employee of the Issuer in <br /> his or her individual capacity, and neither the Issuer nor any member, director, officer, agent, attorney or <br /> employee of the Issuer executing the Bonds shall be liable personally on the Bonds or be subject to any <br /> personal liability or accountability by reason of the issuance of the Bonds. <br /> Section 4.2 Bond Fund. MBI shall establish and maintain, so long as any of the Bonds are <br /> outstanding, a separate fund to be known as the "Bond Fund." There shall be deposited into the Bond <br /> Fund, as and when received, (a)all payments received pursuant to the Note,respectively; (b) all payments <br /> specified in this Agreement, unless this Agreement provides for those payments to be made to another <br /> payee; (c) any amount remaining in the Construction Fund to be transferred to the Bond Fund pursuant to <br /> this Agreement upon completion of the Project, and any amount remaining in the Construction Fund to be <br /> transferred to the Bond Fund pursuant to this Agreement upon acceleration of the maturity of the Bonds; <br /> (d) all interest and other income derived from investments of Bond Fund moneys as provided herein; and <br /> (e)all other moneys received by MBI under and pursuant to any of the provisions of the Loan Documents <br /> which are required, or which are accompanied by directions that such moneys are to be paid, into the <br /> Bond Fund. The Issuer hereby covenants and agrees that, so long as any of the Bonds issued hereunder <br /> are outstanding, it will deposit, or cause to be paid to MBI for deposit into the Bond Fund, all revenues <br /> derived from the Note and the Loan Documents,promptly to meet and pay the principal of and premium, <br /> if any, and interest on the Bonds as the same become due and payable, along with such additional amount <br /> as is required to pay Annual Fees to MBI. Nothing herein should be construed as requiring the Issuer to <br /> deposit or cause to be paid to MBI for deposit into the Bond Fund money from any source other than <br /> receipts derived from the Note, and the Loan Documents. <br /> Moneys in the Bond Principal and Interest Account shall first be used by MBI to pay interest on <br /> the Bonds as it becomes due. MBI shall transmit such funds to the Paying Agent for the Bonds in <br /> sufficient time to ensure that such payment will be made as it becomes due. Money deposited in the Bond <br /> Principal and Interest Account for the payment of payments specified in the Loan Documents, other than <br /> principal and interest, shall be paid to the holder of the Bonds, unless the Loan Documents provide for a <br /> different payee. <br /> Money remaining in the Bond Principal and Interest Account after each principal and interest <br /> payment and after payment of other amounts specified under the Loan Documents shall remain in said <br /> account until the next Interest Payment Date. <br /> Section 4.3 Construction Fund. The Issuer shall establish with MBI a separate fund to be <br /> known as the "Construction Fund", to the credit of which the deposits are to be made as required by <br /> Section 3.1 hereof. The Construction Fund shall consist of the Construction Account and within the <br /> Construction Fund on account for the Project and the Costs of Issuance Account. <br /> (a) On the Issue Date, $0.00 of the proceeds of the initial Principal Advance of the <br /> Bonds shall be deposited in the Costs of Issuance Account of the Construction Fund and the <br /> remaining proceeds of the initial Principal Advance in the amount of$ of the <br /> Bonds shall be deposited into the Construction Account, as described in Article III hereof. <br /> Page 19 <br />
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