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12-13-2021 FINAL Packet
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12-13-2021 FINAL Packet
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<br />23 <br />in the Expense Fund to pay Costs of Issuance for the Series 2022 Bonds or to reimburse the Issuer <br />for amounts previously advanced for such costs as set forth in Exhibit C hereto (without further <br />approval of the Issuer). Any amounts remaining in the Expense Fund one-hundred twenty (120) <br />days after the issuance of the Series 2022 Bonds will be transferred to the Bond Fund to be used <br />to pay debt service on the Series 2022 Bonds, at which time the Expense Fund shall be closed <br />without further direction. <br />Section 4.7 Debt Service Reserve Fund. <br />(a) The Trustee will deposit in the Debt Service Reserve Fund all moneys required to <br />be deposited therein pursuant to Article III or Article IV hereof, together with such other moneys <br />as directed by the Issuer, to cause the balance of the Debt Service Reserve Fund to be equal to the <br />Debt Service Reserve Requirement, shall invest such funds pursuant to this Indenture and shall <br />disburse the funds held in the Debt Service Reserve Fund to the Bond Fund on the date which is <br />two (2) business days prior to the next preceding each Interest Payment Date, if the moneys in the <br />Bond Fund are not sufficient to make the payments of principal and interest required to be made <br />on the Bonds on such date after taking into account available funds on deposit in the Bond Fund <br />after making all transfers required to be made under this Indenture. <br />(b) The Trustee shall transfer the funds held in the Debt Service Reserve Fund to the <br />Bond Fund for the timely payment of the principal of and interest on the Bonds, but only in the <br />event that moneys in the Bond Fund are insufficient to pay such amount of principal and interest <br />due on the Bonds after making all transfers required to be made under this Indenture. <br />(c) If the balance of the Debt Service Reserve Fund exceeds the Debt Service Reserve <br />Requirement on February 1, of each year, the Trustee shall move the cash or Qualified Investments <br />in excess of the Debt Service Reserve Requirement from the Debt Service Reserve Fund to the <br />Construction Fund prior to the filing of the Affidavit of Project Completion and thereafter to the <br />Bond Fund. <br />(d) The Issuer may cause to be deposited into the Debt Service Reserve Fund, for the <br />benefit of the holders of the Bonds, a Debt Service Reserve Fund Credit Facility. If such deposit <br />causes the Debt Service Reserve Fund combined balance to be equal to the Reserve Requirement, <br />moneys in the Debt Service Reserve Fund which cause their combined balance to be in excess of <br />the Debt Service Reserve Requirement shall be moved to the Construction Fund or the Bond Fund, <br />as directed by the Issuer. If a disbursement is made pursuant to a Debt Service Reserve Fund <br />Credit Facility, the Issuer shall be obligated (but solely from amounts available under the <br />Indenture, including the Lease Rental Payments), within twelve months from the date on which <br />such disbursement was made, to cure such deficiency, by either (i) reinstating the maximum limits <br />of such Debt Service Reserve Fund Credit Facility or (ii) depositing cash into the Debt Service <br />Reserve Fund, or a combination of such alternatives, so that the balance of the Debt Service <br />Reserve Fund equals the Debt Service Reserve Requirement. The Trustee shall include in the total <br />amount held in the Debt Service Reserve Fund an amount equal to the maximum principal amount <br />which could be drawn by the Trustee under any such Debt Service Reserve Fund Credit Facility <br />on deposit with the Trustee. Amounts required to be deposited in the Debt Service Reserve Fund <br />shall include any amount required to satisfy a Debt Service Reserve Fund Reimbursement <br />Obligation for any Debt Service Reserve Fund Credit Facility. The Trustee is authorized to transfer <br />the amounts to satisfy the Debt Service Reserve Fund Reimbursement Obligations to the provider
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