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Bill No. 49-23 Revenue Bonds Authorizing the Acquisition & Construction of the Municipal Waterworks
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Bill No. 49-23 Revenue Bonds Authorizing the Acquisition & Construction of the Municipal Waterworks
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8/24/2023 3:30:14 PM
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8/23/2023 4:16:42 PM
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Fund, shall be immediately deposited by the Participant into such Construction Fund) and <br />thereafter may,subject to the terms and conditions set forth in this Agreement,be applied thereafter <br />to pay Eligible Costs of the Project by the Participant. <br />Section 2.06. Acknowledgment of Amount of Loan; Final Disbursement. (a) Within <br />30 days after any request by the Finance Authority from time to time,the Participant shall execute <br />and deliver to the Finance Authority an acknowledgment in the form prescribed by the Finance <br />Authority which acknowledges the outstanding principal of and interest on the Bonds. Unless the <br />Finance Authority consents in writing, no Loan disbursement shall be made more than one year <br />after Substantial Completion of Construction. After Substantial Completion of Construction,upon <br />the request of the Finance Authority, the Participant shall replace, at its expense, the Bonds with <br />substitutes issued pursuant to the Authorizing Instrument to evidence the outstanding principal <br />under the Loan. <br />b) In the event there remains a balance (inclusive of Loan proceeds and any earnings) in <br />the Construction Fund on the date that is the earlier of(i)one year after Substantial Completion of <br />Construction or(ii)three(3)years after the dated date of the Bonds(or in either such circumstance, <br />such later date as the Finance Authority may approve in its discretion), the Participant agrees to <br />make a Loan Reduction Payment to the Finance Authority within 10 days after any Finance <br />Authority written demand. Any Loan Reduction Payment shall be applied to pay principal in such <br />amounts and with such maturities as achieves as level debt service as practicable consistent with <br />methodology prescribed in the Authorizing Instrument and as originally applied to the Bonds,and <br />with no maturity longer than the original maturity schedule; provided that any principal payments <br />originally scheduled under Section 2.02 herein as being due prior to the Loan Reduction Payment <br />shall be unaffected by such payment.If the Authorizing Instrument permits the Participant to apply <br />Bond proceeds to pay interest accruing on or before Substantial Completion of Construction, the <br />Participant may seek to reimburse itself for such interest costs it has paid pursuant to a <br />Disbursement Request provided. If the Participant fails to make such Loan Reduction Payment by <br />such date,the Finance Authority and Deposit Agreement Counterparty are authorized to cause any <br />balance held in the Construction Fund to be so applied without further direction and authorization <br />from the Participant. Notwithstanding the foregoing, if requested by the Finance Authority, in <br />lieu of the Participant making a Loan Reduction Payment, the Finance Authority may in its <br />discretion require the Participant to hold any remaining balance (inclusive of Loan proceeds and <br />any earnings) in the Construction Fund until such amounts may be applied on the first optional <br />redemption date applicable to the Bonds,and upon any such request,the Participant agrees to cause <br />such amounts to be so held and applied on such date. <br />End of Article II) <br />B-10
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