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EDC Packet 2.6.25
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EDC Packet 2.6.25
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Dept of Community Investment
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<br />24 <br />to be filed in such manner and in such places as may be required by law in order to fully preserve <br />and protect the lien hereof and the security of the holders and owners of the Bonds and the rights <br />of the Trustee hereunder. <br />Section 6.4. List of Bondholders. The Trustee will keep on file at the principal <br />office of the Trustee a list of names and addresses of the holders of all Bonds. At reasonable times <br />and under reasonable regulations established by the Trustee, said list may be inspected and copied <br />by the holders and/or owners (or a designated representative thereof) of 25% or more in principal <br />amount of Bonds then outstanding, such ownership and the authority of any such designated <br />representative to be evidenced to the satisfaction of the Trustee. <br />Section 6.5. Rights Under Loan Agreement. The Issuer agrees that the Trustee <br />in its name or in the name of the Issuer may enforce all rights of the Issuer and all obligations of <br />the Company under and pursuant to the Loan Agreement (except the rights reserved to the Issuer <br />therein) for and on behalf of the Bondholders, whether or not the Issuer is in default hereunder. <br />Section 6.6. Investment of Funds. With respect to any moneys held by the <br />Trustee under any Fund established hereunder, the Company and the Issuer agree that all moneys <br />in the Project Fund established by this Indenture may, at the written direction of the Issuer, be <br />invested in Qualified Investments, and all moneys in any other Fund established by this Indenture <br />may, at the written direction of the Issuer, be invested in Qualified Investments to the extent <br />permitted by law. The Trustee may conclusively rely upon the written investment direction of the <br />Issuer as to both the suitability and legality of the directed investments and such written direction <br />shall be deemed to be a certification that such investments constitute Qualified Investments. In <br />the absence of such direction from the Issuer, the Trustee shall hold amounts uninvested, without <br />liability for interest thereon. With respect to any moneys held by the Issuer under any Fund <br />established by this Indenture, the Issuer may invest such moneys in Qualified Investments as it <br />deems appropriate. Investments of moneys in the Bond Fund shall mature or be redeemable at the <br />option of the Trustee at the times and in the amounts necessary to provide moneys to pay the <br />principal of and interest on the Bonds by redemption or otherwise. All income derived from the <br />investment of moneys on deposit in such Fund shall be deposited in or credited to and any loss <br />resulting from such investment will be charged to the corresponding Fund from which such <br />investment was made. <br />The Trustee is hereby authorized to trade with itself in the purchase and sale of <br />securities for investments. Neither the Trustee nor the Issuer shall be liable or responsible for any <br />loss resulting from any investment. All such investments shall be held by or under the control of <br />the Trustee or the Issuer, as applicable, and any income resulting therefrom shall be applied in the <br />manner specified in this Indenture. <br />Although the Issuer recognizes that it may obtain a broker confirmation or written <br />statement containing comparable information at no additional cost, the Issuer agrees that <br />confirmations of investments are not required to be issued by the Trustee for each month in which <br />a monthly statement is rendered and that no statement need be rendered for any fund or account if <br />no activity occurred in such fund or account during such month. <br />The Trustee may elect, but shall not be obligated, to credit the funds and accounts <br />held by the Trustee with moneys representing income or principal payments due on, or sales <br />proceeds due in respect of, Qualified Investments in such funds and accounts, or to credit to
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