200806452 - Laserfiche WebLink

Browse

200806452 maturity, upon redemption, acceleration of maturity, tender, deemed tender or otherwise), and at such time as will assure payment on the due date thereof, all of the principal of, redemption premium, if any, and interest on, the Bonds, and all other payments required in connection with such Bonds, this Agreement or the Indenture. Each such payment is hereby designated as a "Rent Payment," and collectively such payments are hereby designated as "Rent Payments." The Company hereby agrees to make, or cause to be made, each Rent Payment, as and when due, for the benefit of the owners of the Bonds into the Bond Fund, as provided in the Indenture. (b) By execution and delivery of this Agreement, the Company hereby approves the Bond Ordinance, the Indenture and the Tax Regulatory Agreement. It is hereby agreed that the foregoing approval of the Bond Ordinance, the Indenture and the Tax Regulatory Agreement constitutes the acknowledgment and agreement of the Company that the Bonds, when issued, sold and delivered as provided in the Bond Ordinance and the Indenture, will be issued in accordance with and in compliance with this Agreement, notwithstanding any other provisions of this Agreement or any other contract or agreement to the contrary. Any Bondholder is entitled to rely fully and unconditionally on the foregoing approval. Notwithstanding any provisions of this Agreement or any other contract or agreement to the contrary, the Company's approval of the Bond Ordinance, the Indenture and the Tax Regulatory Agreement shall be the Company's agreement that all covenants and provisions in this Agreement, the Indenture and the Tax Regulatory Agreement affecting the Company shall, upon the delivery of the Bonds and the Indenture, become unconditional, valid and binding covenants and obligations of the Company so long as the Bonds and the interest thereon are outstanding and unpaid. Particularly, the obligation of the Company to make, promptly when due, all Rent Payments specified in this Agreement and the Indenture shall be absolute and unconditional, and said obligation may be enforced as provided in this Agreement and the Indenture. Section 6.05. Redemption of Bonds. The Issuer, upon the written request of the Company (and provided that the affected Bonds are subject to redemption or prepayment prior to maturity at the option of the Issuer or the Company and provided, further, that such request is received in sufficient time prior to the date upon which such redemption or prepayment is proposed), forthwith shall take or cause to be taken all action that may be necessary under the applicable redemption provisions of the Indenture to effect such redemption prior to maturity, to the full extent of funds either made available for such purpose by the Company or already on deposit under the Indenture and available for such purpose. The redemption of any outstanding Bonds prior to maturity at any time shall not relieve the Company of its absolute and unconditional obligation to pay each remaining Rent Payment with respect to any outstanding Bonds, as specified in the Indenture. If a redemption of Bonds is required pursuant to the provisions of the Indenture, the Company agrees as provided herein to forthwith make Rent Payments sufficient to pay the principal of, premium, if any, and interest on the Bonds. Section 6.06. Rent Prepayment. The Company shall have and is hereby granted the right to prepay or cause to be prepaid all or a portion of each Rent Payment at any time, and shall be obligated to do so in a timely manner if and to the extent the Company requests redemption or prepayment of the Bonds and the purchase of the Project pursuant to Article IX hereof. The 4834-8191-0786.7 33