Common use of Issuance of Additional Bonds Clause in Contracts

Issuance of Additional Bonds. If the Borrower is not in default hereunder, the Authority may by the adoption of an appropriate resolution or resolutions, at the request of the Borrower, authorize the issuance of Additional Bonds upon the terms and conditions provided herein and in Sections 2.12 and 2.13 of the Indenture, but in no event shall the Authority be liable for not issuing such Additional Bonds. Additional Bonds may only be issued to provide funds to pay any one or more of the following: (i) the costs of completing the Project; (ii) the costs of making at any time or from time to time such substitutions, additions, modifications and improvements to the Project or any portion thereof, or financing other facilities within the State which qualify as a "project" under the Act, all as authorized by the Act, as the Borrower may deem necessary or desirable; (iii) the costs of refunding, to the extent permitted, any Bonds then Outstanding; and (iv) the costs of the issuance and sale of the Additional Bonds, interest expenses during the construction period and other costs reasonably related to the financing as shall be agreed upon by the Borrower and the Authority. Prior to the issuance of such Additional Bonds, the terms thereof, the purchase price to be paid therefor and the manner in which the proceeds therefrom are to be disbursed shall have been approved in writing by the Borrower; the Authority shall have entered into an amendment to this Agreement to provide that, for all purposes of this Agreement, the Project shall include any facilities and/or equipment being financed by the Additional Bonds, which facilities and/or equipment shall be described in amendments to Exhibit A hereto, and to provide for an increase in the amount payable under Section 4.2 hereof as shall be necessary to pay the principal of, premium, if any, and interest on the Additional Bonds as provided in the supplemental indenture required by Sections 2.12 and 2.13 of the Indenture, and to extend the term of this Agreement if the maturity of any of the Additional Bonds would otherwise occur after the expiration of the term of this Agreement; and the Authority shall have otherwise complied with the provisions of Sections 2.12 and 2.13 of the Indenture with respect to the issuance of such Additional Bonds.

Issuance of Additional Bonds. If the Borrower is not in default hereunder, the Authority may by the adoption of an appropriate resolution or resolutions, at At the request of an Authorized Representative of the BorrowerCompany, the Issuer shall, to the extent permitted by law, authorize the issuance of Additional Bonds upon the terms and conditions provided herein and in Sections 2.12 and 2.13 Section 2.14 of the Indenture, but in no event shall the Authority be liable for not issuing such Additional Bonds. Additional Bonds may only be issued to provide funds to pay any one or more of the following: (i) the costs of completing the Project; refunding any Outstanding Bonds and (ii) the costs of making at any time or from time to time such substitutions, additions, modifications and improvements to the Project or any portion thereof, or financing other facilities within the State which qualify as a "project" under the Act, all as authorized by the Act, as the Borrower may deem necessary or desirable; (iii) the costs of refunding, to the extent permitted, any Bonds then Outstanding; and (iv) the costs of the issuance and sale of the Additional Bonds, Bonds and capitalized interest expenses during the construction period and other costs reasonably related to the financing as financing, PROVIDED THAT (1) such Additional Bonds shall be agreed upon authorized by the Borrower and Act or other successor or comparable legislation of the Authority. Prior State; (2) in the unqualified opinion of Bond Counsel, satisfactory to the issuance Trustee, interest on such Additional Bonds will be excludable from the gross income of the holders thereof for federal income tax purposes and such Additional Bonds and income therefrom will be exempt from taxation by the State except inheritance, estate and transfer taxes; (3) the terms of such Additional Bonds, the terms thereof, the purchase price to be paid therefor and the manner in which the proceeds therefrom are to be disbursed shall have been approved in writing by the BorrowerCompany; (4) the Authority shall have entered into an amendment to Issuer is not in Default under the Indenture and the Company is not in Default under this Agreement; (5) the issuance of Additional Bonds will not constitute a Default under this Agreement to provide that, for all purposes or cause any violation of the covenants or representations of the Company in this Agreement, ; (6) this Agreement is amended (to the Project shall include any facilities and/or equipment being financed by the Additional Bonds, which facilities and/or equipment shall be described in amendments to Exhibit A hereto, and extent required) to provide for an such increase in the amount payable under Section 4.2 hereof loan payments to be made by the Company to the Issuer as shall be necessary to pay the principal of, premium, if any, and interest on the Additional Bonds as provided in the supplemental indenture required by Sections 2.12 and 2.13 of the Indenture, and to extend the term of this Agreement if the maturity of any of the Additional Bonds would otherwise occur after the expiration of the term of this Agreement; and the Authority shall have otherwise complied with the provisions of Sections 2.12 and 2.13 of the Indenture with respect to the issuance of such Additional Bonds.for

Issuance of Additional Bonds. If the Borrower Company is not in default hereunder, the Authority Issuer may by the adoption of an appropriate resolution or resolutions, at the request of the BorrowerCompany, authorize the issuance of Additional Bonds upon the terms and conditions provided herein and in Sections 2.12 and 2.13 of the Indenture, but in no event shall the Authority Issuer be liable for not issuing such Additional Bonds. Additional Bonds may only be issued to provide funds to pay any one or more of the following: (i) the costs of completing the Project; (ii) the costs of making at any time or from time to time such substitutions, additions, modifications and improvements to or additional costs for the Project or any portion thereof, or financing other facilities within the State which qualify as a "project" under the Act, all as authorized by the Act, as the Borrower Company may deem necessary or desirable; (iii) the costs of refunding, to the extent permitted, any Bonds then Outstanding; and (iv) the costs of the issuance and sale of the Additional Bonds, interest expenses during the construction period and other costs reasonably related to the financing as shall be agreed upon by the Borrower Company and the AuthorityIssuer. Prior to the issuance of such Additional Bonds, (i) the terms thereof, the purchase price to be paid therefor therefore and the manner in which the proceeds therefrom are to be disbursed shall have been approved in writing by the BorrowerCompany; (ii) the Authority Issuer shall have entered into an amendment to this Agreement to provide that, for all purposes of this Agreement, the Project shall include any facilities and/or and equipment being financed by the Additional Bonds, which facilities and/or and equipment shall be described in amendments to Exhibit A hereto, and to provide for an increase in the amount payable under Section 4.2 4.02 hereof as shall be necessary to pay the principal of, premium, if any, and interest on the Additional Bonds as provided in the supplemental indenture Supplemental Indenture required by Sections 2.12 and 2.13 of the Indenture, and to extend the term of this Agreement if the maturity of any of the Additional Bonds would otherwise occur after the expiration of the term of this Agreement; and (iii) the Authority Issuer shall have otherwise complied with the provisions of Sections 2.12 and 2.13 of the Indenture with respect to the issuance of such Additional Bonds.

Issuance of Additional Bonds. If the Borrower is not in default hereunder, the Authority may by the adoption of an appropriate resolution or resolutionsThe City, at the request direction of Lessee with the prior written approval of the BorrowerBond Insurer, may issue Additional Bonds in amounts sufficient to pay (i) any part of the Costs of the Project not fully funded or provided for out of the proceeds of the Series 1997A Bonds, or (ii) the Costs of the Special Facilities for any additional Special Facilities approved pursuant to Section 5.05 hereof. The City agrees to use its best efforts to issue any Additional Bonds required under Clause (i) above, and the Director shall cooperate in a reasonable manner with Lessee to request the City to issue Additional Bonds under Clause (ii) above; however, no representation is made or assurance given or implied by the City that it will be able to issue, sell and deliver Additional Bonds on terms and conditions satisfactory to Lessee or the Bond Insurer or that it will agree to issue Additional Bonds for any other purpose than as set forth above. Moreover, the issuance of Additional Bonds is made subject to the same conditions enumerated in Section 4.01 and the additional condition that there shall have been executed a supplement to this Agreement to provide for the manner of construction, acquisition and payment for any additional Special Facilities to be financed with such Additional Bonds and to provide for any other matters reasonably deemed necessary by the City in connection with such financing. All Additional Bonds shall be secured and payable as provided in the Trust Indenture. Upon the issuance of any Additional Bonds, the Net Rent and other amounts payable hereunder shall automatically be increased in the amounts required to provide for the full and timely payment of all principal, interest, redemption premiums, Trustee charges, fees or charges to or of credit enhancers and other related costs and expenses in respect of all Bonds then outstanding, including the Additional Bonds to be issued and amounts due as provided in clause (y) of Section 6.01 hereof. However, the City shall not authorize the issuance of Additional Bonds upon until the terms thereof and conditions provided herein and in Sections 2.12 and 2.13 of the Indenture, but in no event shall the Authority be liable for not issuing such Additional Bonds. Additional Bonds may only be issued to provide funds to pay any one or more of the following: (i) the costs of completing the Project; (ii) the costs of making at any time or from time to time such substitutions, additions, modifications and improvements supplement to the Project or any portion thereof, or financing other facilities within the State which qualify as a "project" under the Act, all as authorized by the Act, as the Borrower may deem necessary or desirable; (iii) the costs of refunding, to the extent permitted, any Bonds then Outstanding; and (iv) the costs of the issuance and sale of the Additional Bonds, interest expenses during the construction period and other costs reasonably related to the financing as shall be agreed upon by the Borrower and the Authority. Prior to the issuance of such Additional Bonds, the terms thereof, the purchase price to be paid therefor and the manner in which the proceeds therefrom are to be disbursed shall Trust Indenture relating thereto have been approved in writing by the Borrower; the Authority shall have entered into an amendment to this Agreement to provide that, for all purposes of this Agreement, the Project shall include any facilities and/or equipment being financed by the Additional BondsLessee, which facilities and/or equipment written approval shall be described in amendments to Exhibit A hereto, and to provide for an increase in the amount payable under Section 4.2 hereof as shall be necessary to pay the principal of, premium, if any, and interest on the Additional Bonds as provided in the supplemental indenture required by Sections 2.12 and 2.13 of the Indenture, and to extend the term of this Agreement if the maturity of any of the Additional Bonds would otherwise occur after the expiration of the term of this Agreement; and the Authority shall have otherwise complied with the provisions of Sections 2.12 and 2.13 of the Indenture with respect to the issuance of such Additional Bondsconclusively binding upon Lessee.

Issuance of Additional Bonds. If So long as the Borrower Agreement is not in default effect and no Event of Default shall have occurred thereunder and there is no Event of Default hereunder, the Authority may by the adoption of an appropriate resolution one or resolutions, at the request of the Borrower, authorize the issuance more series of Additional Bonds upon the terms and conditions provided herein and in Sections 2.12 and 2.13 may be authorized by resolution of the IndentureAuthority to pay Costs or for the purpose of refunding any prior issue of Bonds. Such Additional Bonds shall be issued in such series and principal amounts, but shall be subject to redemption at such times and at such prices, shall bear interest at such rate or rates, shall mature in no event shall such amounts as the Supplemental Indenture authorizing the issuance thereof and the resolution of the Authority be liable in connection therewith shall fix and determine not inconsistent with this Indenture. Such Supplemental Indenture shall specify and determine the purpose for not issuing which such Additional Bonds. Additional Bonds may only are to be issued to provide funds to pay any one or more (but no purpose shall be authorized other than paying Costs of the following: (i) the costs of completing Project, including any addition to the Project; (ii) or for the costs purpose of making at refunding any time prior issue of Bonds, and such other matters and things as may be deemed necessary or from time to time such substitutions, additions, modifications and improvements to appropriate by the Project Authority or any portion thereof, or financing other facilities within the State which qualify as a "project" under the Act, all as authorized may be required by the Act, as the Borrower may deem necessary Agreement or desirable; (iii) the costs this Indenture for authorization and issuance of refunding, to the extent permitted, any such Additional Bonds then Outstanding; and (iv) the costs of the issuance and sale of the Additional Bonds, interest expenses during the construction period and other costs reasonably related to the financing as shall be agreed upon by the Borrower and the Authoritynot inconsistent with this Indenture. Prior to the issuance of such Additional BondsBonds and the execution and delivery of a Supplemental Indenture in connection therewith, the terms thereof, the purchase price to be paid therefor Authority and the manner in which the proceeds therefrom are to be disbursed Company shall have been approved in writing by the Borrower; the Authority shall have entered enter into an amendment to this the Agreement pursuant to Article XI hereof which shall provide that, for all purposes of this Agreement, that the Project shall include any facilities and/or equipment being financed by payments due under the Additional Bonds, which facilities and/or equipment Agreement shall be described in amendments to Exhibit A hereto, increased and computed so as to provide for an increase in the amount payable under Section 4.2 hereof as shall be necessary payments sufficient to pay in full the principal of, premium, if any, of and interest on the such Additional Bonds as provided and any other costs in the supplemental indenture required by Sections 2.12 and 2.13 of the Indenture, and to extend the term of this Agreement if the maturity of any of the Additional Bonds would otherwise occur after the expiration of the term of this Agreement; and the Authority shall have otherwise complied with the provisions of Sections 2.12 and 2.13 of the Indenture with respect to connection therewith. For the issuance of such Additional Bonds.Bonds to pay for Costs of the Project, the Company is also required to deliver to the Trustee the following:

Issuance of Additional Bonds. If the Borrower is not in default hereunder, the Authority Issuer may by the adoption of an appropriate resolution or resolutions, at the request of the Borrower, authorize the issuance of Additional Bonds upon the terms and conditions provided herein and in Sections 2.12 and Section 2.13 of the Indenture, but in no event shall the Authority Issuer be liable for not issuing such Additional Bonds. Additional Bonds may only be issued to provide funds to pay any one or more of the following: (i) the costs of completing the Project; (ii) the costs of making at any time or from time to time such substitutions, additions, modifications and improvements to the Project or any portion thereof, or financing other facilities within the State which qualify as a "project" under the Act, all as authorized by the Act, as the Borrower may deem necessary or desirable; (iii) the costs of refunding, to the extent permitted, any Bonds then Outstanding; and (iv) the costs of the issuance and sale of the Additional Bonds, interest expenses during the construction period and other costs reasonably related to the financing as shall be agreed upon by the Borrower and the AuthorityIssuer. Prior to the issuance of such Additional Bonds, the terms thereof, the purchase price to be paid therefor and the manner in which the proceeds therefrom are to be disbursed shall have been approved in writing by the Borrower; , the Authority Borrower and the Issuer shall have entered into an amendment to this Agreement to provide that, for all purposes of this Agreement, the Project shall include any facilities and/or equipment being financed by the Additional Bonds, which facilities and/or equipment shall be described in amendments to Exhibit A hereto, and to provide for an increase in the amount payable under Section 4.2 hereof as shall be necessary to pay the principal of, premium, if any, and interest on the Additional Bonds as provided in the supplemental indenture to be paid with respect to Additional Bonds required by Sections 2.12 and Section 2.13 of the Indenture, and to extend the term of this Agreement if the maturity of any of the Additional Bonds would otherwise occur after the expiration of the term of this Agreement; and the Authority Issuer shall have otherwise complied with the provisions of Sections 2.12 and Section 2.13 of the Indenture with respect to the issuance of such Additional Bonds.

Issuance of Additional Bonds. If the Borrower Company is not in default hereunder, the Authority Issuer may by the adoption of an appropriate resolution or resolutions, at the request of the BorrowerCompany, authorize the issuance of Additional Bonds upon the terms and conditions provided herein and in Sections 2.12 and 2.13 Section 2.02 of the Indenture, but in no event shall the Authority Issuer be liable for not issuing such Additional Bonds. Additional Bonds may only be issued to provide funds to pay any under and secured by the Indenture at one or more of the following: (i) the costs of completing the Project; (ii) the costs of making at any time or from time to time subject to the conditions hereinafter provided in this Section, for the purpose of providing funds for paying all or any portion of the cost of completing the Project in excess of the amounts made available from proceeds of the 1985 Series B Bonds, such substitutionstotal cost to be evidenced by a certificate signed by the Authorized Company Representative, additions, modifications and improvements to or for the purpose of paying all or any part of the Cost of the Project or of any portion thereofimprovements thereto or for the purpose of providing funds for refunding any or all of the Bonds then outstanding including any redemption premium due thereon, or financing other facilities within the State which qualify as a "project" for any lawful purposes under the Act, all as authorized by the Act, as the Borrower may deem necessary or desirable; (iii) the costs for any combination of refunding, to the extent permitted, any Bonds then Outstanding; and (iv) the costs of the issuance and sale of the Additional Bonds, interest expenses during the construction period and other costs reasonably related to the financing as shall be agreed upon by the Borrower and the Authoritysuch purposes. Prior to the issuance of such Additional Bonds, the terms thereof, the purchase price to be paid therefor and the manner in which the proceeds therefrom are to be disbursed shall have been approved in writing by the BorrowerCompany; the Authority Company and the Issuer shall have entered into an amendment to this Agreement to provide that, for all purposes of this Agreement, the Project shall include any facilities and/or equipment being financed by the Additional Bonds, which facilities and/or equipment shall be described in amendments an amendment to Exhibit A hereto, and to provide for an increase in the amount payable under Section 4.2 hereof as shall be necessary to pay the principal of, premium, if any, and interest on the Additional Bonds as provided in the supplemental indenture required to be paid with respect to Additional Bonds authorized by Sections 2.12 and 2.13 Section 2.02 of the Indenture, and to extend the term of this Agreement if the maturity of any of the Additional Bonds would otherwise occur after the expiration of the term of this Agreement; and the Authority Issuer shall have otherwise complied with the provisions of Sections 2.12 and 2.13 Section 2.02 of the Indenture with respect to the issuance of such Additional Bonds.

Issuance of Additional Bonds. If Additional bonds may be sold and issued by the Borrower is not Authority at any time and from time to time (subject to any agreements relating to any prior series of Bonds) in default hereunderthe event, for any reason, the proceeds derived from the sale of the Bonds previously issued shall be insufficient for the purpose of completing the Project. The Authority may also issue Bonds from time to time to refund either on a current or advance basis any Bonds previously issued by the adoption of an appropriate resolution or resolutions, at the request of the Borrower, authorize the issuance of Additional Bonds upon the terms and conditions provided herein and in Sections 2.12 and 2.13 of the Indenture, but in no event shall the Authority be liable for not issuing such Additional Bondspursuant to Section 602. Additional Bonds may only be sold and issued by the Authority (subject to provide any agreements relating to any prior series of Bonds) at any time and from time to time in the event funds are required to pay any one or more of the followingcosts of: (i) any major renewals, replacements, repairs, additions, betterment, or improvements, to the costs Project necessary or convenient in the judgment of completing the ProjectAuthority to keep the Project in good operating condition or to prevent a loss of revenues therefrom; and (ii) the costs of making at any time or from time to time such substitutions, major additions, improvements, repairs, or modifications to the Project required by any state or federal agency having jurisdiction over the Project or any facility thereof. Any such Additional Bonds shall be secured by assignment of the payments to be made by the Participants pursuant to their intergovernmental agreements relating to such Bonds, and improvements all other payments attributable to the Project or to the Annual Project Costs to be made in accordance with or pursuant to any portion thereof, or financing other facilities within the State which qualify as a "project" under the Act, all as authorized by the Actprovision of this Agreement, as the Borrower such payments may deem necessary or desirable; (iii) the costs be increased and extended by reason of refunding, to the extent permitted, any Bonds then Outstanding; and (iv) the costs of the issuance and sale of the Additional Bonds, interest expenses during the construction period and other costs reasonably related to the financing as shall be agreed upon by the Borrower and the Authority. Prior to the issuance of such Additional Bonds, the terms thereof, the purchase price to and such Additional Bonds may be paid therefor and the manner issued in which the proceeds therefrom are to be disbursed shall have been approved in writing by the Borrower; the Authority shall have entered into an amendment to this Agreement to provide that, for all purposes of this Agreement, the Project shall include any facilities and/or equipment being financed by the Additional Bonds, which facilities and/or equipment shall be described in amendments to Exhibit A hereto, and to provide for an increase in the amount payable under Section 4.2 hereof as shall be necessary amounts sufficient to pay the principal of, premium, if anyfull amount of such costs and sufficient to provide such reserves as may be reasonably determined by the Authority to be desirable. In the event that any Participant shall elect to expand the treatment capacity of the Project, and interest on the Additional Bonds other Participant shall not choose to join in such expansion as provided in Section 402, then the supplemental indenture required by Sections 2.12 and 2.13 Authority may issue Additional Bonds to finance the costs of the Indenturesuch expansion in treatment capacity, and to extend the term all costs of this Agreement if the maturity of any of the issuing and carrying such Additional Bonds would otherwise occur after shall be paid by the expiration of the term of this Agreement; and the Authority shall have otherwise complied with the provisions of Sections 2.12 and 2.13 of the Indenture with respect to the issuance of Participant requesting such Additional Bondsexpansion.

Issuance of Additional Bonds. If the Borrower is not in default hereunder, the Authority may by the adoption of an appropriate resolution or resolutionsThe City, at the request direction of Lessee, may issue Additional Bonds in amounts sufficient to pay (i) any part of the BorrowerCosts of the Projects not fully funded or provided for out of the proceeds of the Series 1997C Bonds or Series 1998C Bonds, or (ii) the Costs of the Special Facilities for any additional Special Facilities approved pursuant to Section 5.05 hereof. The City agrees to use its best efforts to issue any Additional Bonds required under Clause (i) above, and the Director shall cooperate in a reasonable manner with Lessee to request the City to issue Additional Bonds under Clause (ii) above; however, no representation is made or assurance given or implied by the City that it will be able to issue, sell and deliver Additional Bonds on terms and conditions satisfactory to Lessee or that it will agree to issue Additional Bonds for any other purpose than as set forth above. Moreover, the issuance of Additional Bonds is made subject to the same conditions enumerated in Section 4.01 and the additional condition that there shall have been executed a supplement to this Agreement to provide for the manner of construction, acquisition and payment for any additional Special Facilities to be financed with such Additional Bonds and to provide for any other matters reasonably deemed necessary by the City in connection with such financing. All Additional Bonds shall be secured and payable as provided in the Trust Indenture. Upon the issuance of any Additional Bonds, the Net Rent payable hereunder shall automatically be increased in the amounts required to provide for the full and timely payment of all principal, interest, redemption premiums, Trustee charges and other related costs and expenses on all Bonds then outstanding, including the Additional Bonds to be issued. However, the City shall not authorize the issuance of Additional Bonds upon until the terms thereof and conditions provided herein and in Sections 2.12 and 2.13 of the Indenture, but in no event shall the Authority be liable for not issuing such Additional Bonds. Additional Bonds may only be issued to provide funds to pay any one or more of the following: (i) the costs of completing the Project; (ii) the costs of making at any time or from time to time such substitutions, additions, modifications and improvements supplement to the Project or any portion thereof, or financing other facilities within the State which qualify as a "project" under the Act, all as authorized by the Act, as the Borrower may deem necessary or desirable; (iii) the costs of refunding, to the extent permitted, any Bonds then Outstanding; and (iv) the costs of the issuance and sale of the Additional Bonds, interest expenses during the construction period and other costs reasonably related to the financing as shall be agreed upon by the Borrower and the Authority. Prior to the issuance of such Additional Bonds, the terms thereof, the purchase price to be paid therefor and the manner in which the proceeds therefrom are to be disbursed shall Trust Indenture relating thereto have been approved in writing by the Borrower; the Authority shall have entered into an amendment to this Agreement to provide that, for all purposes of this Agreement, the Project shall include any facilities and/or equipment being financed by the Additional BondsLessee, which facilities and/or equipment written approval shall be described in amendments to Exhibit A hereto, and to provide for an increase in the amount payable under Section 4.2 hereof as shall be necessary to pay the principal of, premium, if any, and interest on the Additional Bonds as provided in the supplemental indenture required by Sections 2.12 and 2.13 of the Indenture, and to extend the term of this Agreement if the maturity of any of the Additional Bonds would otherwise occur after the expiration of the term of this Agreement; and the Authority shall have otherwise complied with the provisions of Sections 2.12 and 2.13 of the Indenture with respect to the issuance of such Additional Bondsconclusively binding upon Lessee.