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81006050
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Last modified
1/14/2010 11:27:18 PM
Creation date
1/14/2010 11:25:20 PM
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DEEDS
Inst Number
81006050
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2A4 <br /> <br />(iii) the proceeds of such Additional Bonds will be <br />used only for the refunding of prior series of Bonds {if <br />then permitted under the Indenture) and/or the acquisition <br />or constnaction of Additional Improvements located within <br />the State; <br />(iv) the Issuer and the Company will enter into an <br />amendment to the Lease, and the Company and the Sublessee <br />will enter into an amendment of the Sublease, providing for <br />additional basic rentals in amounts and over a term <br />sufficient to fully pay all principal and interest <br />requirements upon such Additional Bonds and payment of all <br />additional taxes, assessments, insurance premiums and other <br />fees and expenses incurred by reason of such additional <br />financing; <br />(v) the average annual net income before income <br />taxes (determined in accordance with generally accepted <br />principles of accounting and consistent with those presently <br />applied in preparation of its annual audit) of the Sublessee <br />when averaged for any two of its last three completed <br />quarterly fiscal periods shall have been not less than <br />two (2) times the combined average annual debt service <br />requirements on the Bonds then outstanding, including the <br />Additional Bonds proposed to be issued (but excluding <br />therefrom debt service requirements on bonds being retired}, <br />together with debt service requirements on all funded debt <br />of the Sublessee during such period. The term "Funded Debt" <br />shall mean and include any indebtedness (including all <br />outstanding Industrial Revenue Bonds) with an original <br />maturity exceeding 12 months; <br />(vi) the aggregate principal amount of Funded Debt <br />(including all outstanding Industrial Revenue Bands) then <br />outstanding after giving effect to the issuance of the <br />additional series of Bonds shall not exceed seventy-five <br />percent (?5%) of the net worth and subordinated debt of the <br />Sublessee (determined in accordance with generally accepted <br />principles of accounting and on a basis consistent with <br />those presently applied in preparation of its annual audit}; <br />{vii) the issuance of Additional Bonds will, in all <br />respects, camgly with the Act and the provisions of this <br />Indenture, all prOVislOns neces3ary under the Cpde t0 <br />maintain the exemption from federal income taxation of all <br />interest on each Additional Bond of any series; and <br />(viii) the Issuer and the Trustee will enter into a <br />supplement to this Indenture with respect to the issuance of <br />such Additional Bonds and the mortgaging of any Additional <br />Improvements to the Project acquired out of the proceeds <br />thereof; <br />31 <br /> <br /> <br /> <br />t~ <br />
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