Laserfiche WebLink
! � <br /> �-..-,., . _ _ <br /> � . , ..,w+w .« . . > ........yw. . � . . .. ... . .,... . . . . ..., . .. .. . . .. , . . <br /> ; <br /> y, �� <br /> � '- U07210 <br /> � <br /> , ;, � � �� <br /> �,a; <br /> , . . ,� <br /> ( a ) The Issuer is not then in default hereunder . � • ' <br /> ( b ) The Lessee was not , as of the date of its rmost - <br /> recently completed £ iscal year , in default with <br /> respect to any of its financial covenants under <br /> the Lease ; would have been in conpliance with c * : <br /> all of such financial covenants after giving <br /> effect to the issuance of tne additional series <br /> of bonds as of the date of its r�ost recently <br /> completed fiscal year ; and is not then in default <br /> under any other provision of the Lease . <br /> ;r '' � <br /> ( c ) The proceeds of such bonds of other ser :.es are to <br /> be used only for ( i ) the reiunding of prior series ' <br /> of bonds as uzay be permitted by the act and by the <br /> terms ot this Indentuze , and / or ( ii ) the acquisi - ° <br /> tion and / or construction of additions , extensions � . <br /> or improverr.ents to the Proj ect ( including equipment ) . c �a " <br /> U � <br /> ( d ) The Zssuer shall , prior te the issuance of such � , � ` <br /> bonds of other ser � es , enter into amend�ents to '" <br /> the Lease with the Lessee providino for ( i ) addi - �. ='. <br /> tional basic rentals in amounts and over a term a <br /> sufficient to fully pay a11 priaci. pal and interest �i�; <br /> requirements upon such bonds of othe : se: ies , and ��� ; <br /> ( ii ) covenants by the Lessee to pay , as additional i�" <br /> rental , a11 taxes and assess�ents , insurance ��; <br /> premiums , expenses of re � airs and <br /> maintenance and fees and e::penses of the Trustee <br /> by reason of such additions , e :ctensions or im- � �' <br /> provements to the Project and the issuance of such -2 <br /> bonds of other series . <br /> < e ) The issuance of such bonds of other series •aill , <br /> in all respects , comply with the Act , with the <br /> provisions o = this Indenture and with all federal <br /> laws and requirements . <br /> ( f ) It shall have obtained and filed with the Trustee <br /> an opinion of counsel satisfactory to the Trustee <br /> ( and which may be counsel for the Zssuer or the <br /> Trustee ) to the e = rect that the interest upon all <br /> prior series of bonds will continue to remain <br /> exempt from zederal income taxes af ter the issuance , <br /> sale and delivery of such bonds of othzr series . <br /> ( g ) The aggregate principal amount of all funded debt <br /> ( as that term is defined in the Lease ) of Lessee <br /> which is to be outstanding after giving effect <br /> to the issuance of such bonds of other series then <br /> proposed to be issued , shall not exceed ( i ) 888 of <br /> the net worth ( as that te m is defined in the <br /> Lease ) of Lessee as of the date of its most <br /> recently completed fiscal year for any fiscaZ year <br /> completed prior to January 1 , 1932 , or ( ii ) 758 <br /> of such net worth as of the date of Lessee ' s most <br /> ? � recently completed fiscal year for any fiscal year <br /> completed subsequent to such date . <br /> e <br /> (h) The combined average annual net earnin� s ( as that `� <br /> term is defined in the Lease ) of Lessee , wiien � � � <br /> averaged for any two of its most recentl�� completed ,��" <br /> '` fiscal years , shall have been no � less than two C2 ) " <br /> 4.t t, <br /> times the aggregate of ( 1 ) the combined average �„' ,. <br /> annual debt service requirements on the bonds oz . ,�, <br /> � all series then outstanding ( but excluding there - � ,;�; <br /> � � from the debt sarvice requirements on any boads � � � +r�' - �� <br /> being retired) , ( 2 ) an amount equal to the average <br /> � 28 J <br />