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83000621
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83000621
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Last modified
11/18/2008 12:54:50 AM
Creation date
11/18/2008 12:53:48 AM
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DEEDS
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83000621
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<br />83--t30~b~ <br />to cash a sufficient amount of such investments whenever the <br />cash balance in-the Construction Fund is insufficient to pay <br />a requisition when presented or whenever the cash balance in <br />the Bond Fund is insufficient to pay the principal of and <br />premium, if any, and interest on the Bonds when due. Issuer <br />covenants and certifies to-and for the benefit of the pur- <br />chasers and hoidens of the Bonds from time to time Outstand- <br />ing that so long as any o£ the Bonds remain Outstanding, <br />moneys on deposit in any £und or account in connection with <br />the Bonds, whether or not such moneys were derived from the <br />proceeds of the sale of the Bonds or from any other sources, <br />will not be used in a manner which will cause the Bonds to be <br />classified as arbitrage bonds within the meaning of Section <br />103(c)(2} of the Code. Pursuant to such covenant, Issuer <br />obligates itself to comply throughout the term of the issue <br />of the Bonds with the requirements of Section 103(c} of the <br />Code, and any regulations promulgated thereunder. <br />ARTICLE VII <br />SUBORDINATION TO RIGHTS OF COMPANY <br />Section 7.01. Subordination. to Rights of Company. <br />Prior to the occurrence of an Event of Default under the <br />Agreement, this Indenture and the rights and privileges <br />hereunder of Trustee and the holders of the Bonds are speci- <br />fically made subject and subordinate to the rights and <br />privileges of Company set forth in the Agreement. Trustee <br />agrees that it shall execute and deliver any instrument <br />necessary or appropriate at any time to confirm, evidence or <br />enable Company to enjoy such rights and privileges, including <br />without limitation those referred to in Section 7.02 hereof. <br />Section 7.02. Granting of Rights in and to Project. <br />Reference is made to the provisions of the Agreement, includ- <br />ing without limitation Sections 7.6 and 7.7 thereof, whereby <br />Issuer and Company have reserved the right to grant rights in <br />and to certain portions of the Project and to release certain <br />lands from the Project upon compliance with the terms and <br />conditions of the Agreement. Trustee agrees to perform its <br />obligations as set forth in the above-referenced sections. <br />Section 7.03. Release of Equipment Forming a Part of <br />Project. Reference is made to the provisions of the Agree- <br />ment, whereby Company may withdraw certain items of the <br />Project Building forming a part of the Project upon substitu- <br />tion of other property in conformity with the terms and <br />conditions of the Agreement. <br />-26- <br />
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