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200906254
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Last modified
7/29/2009 4:38:07 PM
Creation date
7/29/2009 4:32:23 PM
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DEEDS
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200906254
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24U9062~4 <br />ARTICLE V <br />BOND FUND AND ADDITIONAL RENT <br />Section 1. The Project has been leased to the College under the Lease-Purchase Agreement <br />and the basic rent payments have been assigned and shall be remitted directly to the Trustee for the account <br />of the Corporation and deposited in the Bond Fund, and the entire amount of said basic rent payments is <br />pledged to the payment of the principal of and interest on the Bonds. <br />Section 2. There is hereby created by the Corporation and ordered established with the <br />Trustee a trust fund to be designated "Bond Fund", which shall be used to pay the interest on and principal of <br />said Bonds. <br />Section 3. There shall be deposited in the Bond Fund, as and when received, all basic rent <br />payable under the Lease-Purchase Agreement and all other monies received by the Trustee under and <br />pursuant to any of the provisions of the Lease-Purchase Agreement directing such monies to be paid into the <br />Bond Fund. Upon the issuance of the bonds there shall be deposited to the Bond Fund an amount equal to all <br />accrued interest received upon the sale of the bonds. The College shall receive credit against the amount of <br />payments next falling due under the Agreement in the amount of such deposit. The Corporation hereby <br />covenants that, so long as any Bonds issued hereunder are outstanding hereunder, it will cause the Project to <br />be continuously and efficiently leased as a revenue and income producing undertaking and that, should there <br />be a default under the Lease-Purchase Agreement with the result that the right of possession of the Project <br />under the Lease-Purchase Agreement is returned to the Corporation, the Corporation shall fully cooperate <br />with the Trustee and with the bondholders to the end of fully protecting the rights and security of the <br />bondholders, and shall diligently proceed in good faith and use its best efforts to secure another tenant for the <br />Project to the end of at all times deriving sufficient monies, income and revenues from the Project to <br />promptly meet and pay the principal of and interest on the Bonds as the same become due and payable, as <br />well as covering the cost of maintaining and insuring the Project. <br />Section 4. Monies in the Bond Fund shall be used solely for the payment of the interest on <br />the Bonds and for the retirement of the Bonds at or prior to maturity, including the making of any mandatary <br />redemption as maybe set forth in this Indenture or any supplemental indenture. <br />Section 5. The Bond Fund shall be in custody of the Trustee, and the Corporation hereby <br />authorizes and directs the Trustee to withdraw funds from the Bond Fund in amounts sufficient to meet <br />installments of interest or principal upon the Bands when due (including amounts due for principal upon <br />mandatory redemption). The Trustee hereby accepts such authorization and direction. <br />Section 6. In the event any Bonds shall not be presented for payment when the principal <br />thereof becomes due, if funds sufficient to pay such Bonds and interest thereon shall have been made <br />available to the Trustee for the benefit of the registered owners thereof, all liability of the Corporation to the <br />registered owners thereof for the payment of such Bonds or interest thereon, as the case may be, shall <br />forthwith cease, determine and be completely discharged and thereupon it shall be the duty of the Trustee to <br />hold such fund or funds, without liability for interest thereon, far a period of five (S) years after such Bonds <br />shall have matured, for the benefit of the registered owners of such Bonds, who shall thereafter be restricted <br />exclusively to such funds for any claim of whatever nature on their part under this Indenture or on, or with <br />respect to, such Bonds. At the expiration of such period, any unclaimed principal or interest shall be paid to <br />19 <br />
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