12-13-2021 FINAL Packet - Laserfiche WebLink

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15 Prior to the delivery by the Issuer of any such Additional Bonds there shall be filed with the Trustee: (a) A supplement to this Indenture executed by the Issuer and the Trustee authorizing the issuance of such Additional Bonds, specifying the terms thereof, pledging and assigning the Trust Estate, including the Lease Rental Payments, as security therefor and providing for the disposition of the proceeds of the sale thereof. (b) A copy of an ordinance, authorizing such Additional Bonds, duly certified by the Clerk. (c) If necessary, a supplement or amendment to the Lease. (d) A report or a certificate prepared by an independent certified public accountant or an independent financial advisor selected by the Issuer supported by appropriate calculations, stating that the Additional Bonds may be amortized, along with the Series 2022 Bonds, from the Lease Rental Payments. (e) A written request of the Issuer to the Trustee to authenticate and deliver such Additional Bonds. (f) Evidence that the amount on deposit in the debt service reserve fund or account allocable to such Additional Bonds will be not less than the reserve requirement for such debt service reserve fund or account in effect upon the delivery of such Additional Bonds. (g) An opinion of Bond Counsel acceptable to the Issuer to the effect that (i) such supplement to this Indenture has been duly executed by the Issuer and constitutes the valid and binding obligation of the Issuer enforceable against the Issuer in accordance with its terms; and (ii) the Additional Bonds have been duly and validly authorized and issued by the Issuer and constitute the valid and binding limited obligations of the Issuer enforceable against the Issuer in accordance with their terms. The opinion of Bond Counsel may be qualified as to such matters as are acceptable to the Issuer, and include, without limitation, customary exceptions as to bankruptcy, insolvency and other laws affecting creditors’ rights generally and customary exceptions as to principles of equity. Any Additional Bonds issued in accordance with the terms of this Section 2.9 shall be secured by this Indenture and shall be equally and ratably payable from the Lease Rental Payments, on parity with the pledge thereof to the Series 2022 Bonds, but such Additional Bonds may bear such date or dates, such interest rate or rates, and with such maturities, redemption dates and premiums as may be agreed upon by the Issuer and the purchaser of such Additional Bonds, subject to any limitations or requirements set forth in Section 6.6 hereof. Any Additional Bonds issued for the purpose of refunding any Bonds outstanding hereunder may be authenticated and delivered only upon receipt by the Trustee (in addition to the receipt by them of the documents required by Section 2.6 and this Section 2.9 hereof) of: (i) Irrevocable instructions from the Issuer to the Trustee, satisfactory to it, to give due notice of redemption of all the Bonds to be refunded on the redemption date specified in such instructions;