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SECTION XXXIII. Credit Facility. The Mayor and the Controller,on behalf of the City, <br />are hereby authorized to obtain a Credit Facility or Additional Credit Facility as set forth in Section <br />XV herein. The Mayor and the Controller, on behalf of the City, are also authorized to enter into <br />an agreement with the Credit Facility Issuer for either the Credit Facility or Additional Credit <br />Facility (the "Credit Facility Agreement") and negotiate the terms of the Credit Facility <br />Agreement,with the advice of the City's financial advisor and nationally recognized bond counsel. <br />The Mayor and the Controller, on behalf of the City, are also authorized to execute any and all <br />other documents required to obtain the Credit Facility. The City hereby agrees that:If the <br />waterworks fails to pay any Credit Facility Costs in accordance with the requirements set forth <br />above, the Credit Facility Issuer shall be entitled to exercise any and all remedies available at law <br />or under the authorized documents other than (i) acceleration of the maturity of the Bonds or (ii) <br />remedies which would adversely affect the owners of the Bonds. <br />b) This Ordinance shall not be discharged and the Bonds defeased until all <br />Credit Facility Costs owing to the Credit Facility Issuer shall have been paid in full. <br />c) The Credit Facility Issuer is granted a security interest(subordinate to that <br />of the owners of the Bonds) in all revenues and collateral pledged as security for the Bonds, for <br />the repayment of the Credit Facility Costs. <br />d) No additional bonds payable from the Net Revenues will be issued without <br />the Credit Facility Issuer's prior written consent as long as Credit Facility Costs are past due and <br />still owing to the Credit Facility Issuer. <br />e) This Ordinance shall not be modified or amended, except as provided in <br />Section XXIV herein,without the prior written consent of the Credit Facility Issuer. <br />The Credit Facility Issuer shall be provided with written notice of the resignation or removal of <br />the Registrar and Paying Agent and the appointment of a successor thereto and of the issuance of <br />additional indebtedness of the City's waterworks at such address as may be specified, from time to <br />time, by the Credit Facility Issuer. <br />SECTION XXXIV. Payment on Bonds in the Event of Default. In the event available <br />moneys are insufficient to pay debt service on the Bonds and any Parity Bonds when due,available <br />moneys shall be applied,after payment of all costs and expenses associated therewith,to the Bonds <br />and any Parity Bonds as follows: to the payment to the persons entitled thereto of all unpaid <br />installments of interest then due on, and the unpaid principal of, the Bonds and any Parity Bonds, <br />including interest on any past due principal of any Bond or Parity Bond at the rate borne by such <br />Bond or Parity Bond, in the order of the maturity of the installments of such interest and the due <br />dates of such principal and, if the amount available shall not be sufficient to pay in full any <br />particular installment of interest or maturity of principal, then to such payment ratably, according <br />to the amounts so due, to the persons entitled thereto, without any discrimination or privilege or <br />any preference of or priority of interest over principal or principal over interest. <br />During the continuance of any default in the payment of either principal of or interest or <br />premium on any Bonds or Parity Bonds,no payment shall be made with respect to any subordinate <br />obligations issued pursuant to Section XXII(f). Moneys available for payment to holders of such <br />subordinate obligations shall, in the event of an insufficient amount being available to pay all debt <br />35 -