93110869 - Laserfiche WebLink

Browse

;"'~/'" ." :93-1108t-~9 condemnation proceedings is not essential to the Company's use or occupancy of the Project, or (2) that the Project has been restored to a condition substantially equivalent to its condition prior to the taking by such condemnation proceedings, or (3) that improvements have been acquired which are suitable for the Company's operation at the Project as contemplated by the foregoing subsection (b) of this Section; or (d) If the foregoing subsection (c) of this Section ~s not applicable, payment' into the Bond Fund for use by the Issuer in making prepayments on the Notes and redeeming Bonds under the terms of the Indenture or, if no Bonds then remain outstanding, under the terms of the Indenture, to the Company. Unless the Company shall have given notice of its elec- tion to exercise its option to prepay the Notes pursuant to the provisions of Section 7.01(b) of the Agreement, within 45 days from the date of entry of a final order in any eminent domain proceedings granting condemnation, the Company shall direct the Issuer and the Trustee in writing as to which of the ways specified in this Section the Company elects to have the condemnation award applied. Any moneys held by the Trustee under the provisions of the preceding paragraph shall, at the written request of the Company, be invested or reinvested by the Trustee as specified by the Company (by one of the Authorized Company Representatives, as defined in the Agreement) in such request in one or more of the investments enumerated in Section 3. OS of the Agreement. Any earnings or profits on such investments shall be considered as part of the proceeds and the Company shall forthwith pay to the Trustee the amount of any losses on such investments. 12