1990-12-21 Resolution 28 - Laserfiche WebLink

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x. y ~ { .sublet any part of the Projects if-such assignment or sublease will result in the loss of the exclusion from gross income for federal tax purposes of interest on any obligation issued by the Authority to finance the Projects which is at the date of its .issuance subject to such exclusion. The. Lessee covenants that, except for Permitted Encumbrances, it will not encumber the Projects, or permit any encumbrance to exist thereon, and that it shall use and maintain the Projects in accordance with the laws and ordinances of the United States of America, .the State of Indiana, and all other proper governmental authorities. The Authority agrees -that it will, at the request of the Lessee, execute and deliver to or upon the order of the Lessee such instrument or instruments as may be reasonably required by the Lessee in order to subject the Projects, or the Authority's interest therein, to such encumbrances as shall be specified in such request and as shall be permitted by the provisions of this Section 13 or otherwise by the definition of "Permitted Encumbrances". Section 14. Option to Purchase. The Authority hereby grants Lessee the right and option, on any rental payment date, upon thirty days' written notice to the Authority, to purchase either or both of the Projects at a price equal to the amount required to enable the Authority to provide for the redemption of all outstanding Tax-Exempt Bonds, in the case of the Tax-Exempt Project, and of the Taxable Bonds, in the case of the Taxable Project, all premiums payable on the redemption thereof, and accrued and unpaid interest, and to pay the cost of redeeming the Bonds and liquidating the Authority if it is to be liquidated. Upon request of the Lessee, the Authority agrees to furnish an itemized statement setting forth the amounts required to be paid by the Lessee on the next rental payment date in order to purchase the Projects in accordance with the preceding paragraph. If the Lessee exercises its option to purchase, the Lessee shall .pay to the Trustee. that portion of the purchase price which is required to provide for the payment of all the Bonds, including all premiums payable on the redemption thereof, accrued and unpaid interest thereon and the costs of redemption thereof. Such payment shall .not be made until the Trustee gives to the Lessee a written statement that such amount will be sufficient to retire all Bonds including all ..premiums payable on the redemption thereof and accrued and unpaid interest. The remainder of such purchase price, if any, shall be paid by the Lessee to the Authority. Nothing herein contained shall be construed to provide that the Lessee shall be under any obligation to purchase the Projects, or under any obligation in respect to any creditors or bondholders of the Authority. -9- \rlhill\sthbnd\airport\general\lease.amd;tmg;12-21-90;9:OOa.m.