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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 />25 <br />Qualified Investments intended to be purchased with such moneys, in each case before actually <br />receiving the requisite moneys from the payment source, or to otherwise advance funds for account <br />transactions. The Issuer acknowledges that the legal obligation to pay the purchase price of any <br />Qualified Investment arises immediately at the time of the purchase. Notwithstanding anything <br />else in this Indenture to the contrary, (i) any such crediting of funds or assets shall be provisional <br />in nature, and the Trustee shall be authorized to reverse any such transactions or advances of funds <br />in the event that it does not receive good funds with respect thereto, and (ii) nothing in this <br />Indenture shall constitute a waiver of any of the Trustee’s rights as a securities intermediary under <br />Uniform Commercial Code § 9-206. <br />Section 6.7. Non-presentment of Bonds. In the event any Bond shall not be <br />presented for payment when the principal thereof becomes due, upon final maturity or redemption <br />in full, if funds sufficient to pay any such Bond shall have been made available to Trustee for the <br />benefit of the holder or holders thereof, all liability of Issuer to the holder thereof for the payment <br />of such Bond shall forthwith cease, determine and be completely discharged, and thereupon it shall <br />be the duty of Trustee to hold such funds for five (5) years without liability for interest thereon; <br />for the benefit of the holder of such Bond, who shall thereafter be restricted exclusively to such <br />funds, for any claim of whatever nature on his part under this Indenture or on, or with respect to, <br />such Bond. <br />Any moneys so deposited with and held by the Trustee not so applied to the <br />payment of Bonds within five (5) years after the date on which the same shall become due shall <br />be repaid by Trustee to the Issuer and thereafter Bondholders shall be entitled to look only to the <br />Issuer for payment, and then only to the extent of the amount so repaid. <br />Notwithstanding anything herein to the contrary, the Bonds shall only need to be <br />presented and surrendered for payment upon the final maturity or optional redemption thereof. <br />Section 6.8. Ownership; Instruments of Further Assurance. The Issuer covenants that it <br />will defend its interest in the Loan Agreement to the Trustee, for the benefit of the holders and <br />owners of the Bonds against the claims and demands of all persons whomsoever. The Issuer <br />covenants that it will do, execute, acknowledge and deliver or cause to be done, executed, <br />acknowledged and delivered, such indentures supplemental hereto and such further acts, <br />instruments and transfers as the Trustee may reasonably require for the better assuring, <br />transferring, mortgaging, conveying, pledging, assigning and confirming unto the Trustee, the <br />Loan Agreement. <br />
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