Common use of Loan Repayments and Other Amounts Payable Clause in Contracts

Loan Repayments and Other Amounts Payable. (a) On each date provided in or pursuant to the Indenture for the payment (whether at maturity or upon redemption or acceleration) of principal of, and premium, if any, and interest on, the Bonds, until the principal of, and premium, if any, and interest on, the Bonds shall have been fully paid or provision for the payment thereof shall have been made in accordance with the Indenture, the Company shall pay to the Trustee in immediately available funds, for deposit in the Bond Fund, as a repayment installment of the loan of the proceeds of the Bonds pursuant to Section 4.1(a) hereof (each, a "Repayment Installment"), a sum equal to the amount payable on such date (whether at maturity or upon redemption or acceleration) as principal of, and premium, if any, and interest on, the Bonds as provided in the Indenture; provided, however, that the obligation of the Company to make any such Repayment Installment shall be reduced by the amount of any moneys then on deposit in the Bond Fund and available for such payment; and provided further, that the obligation of the Company to make any such payment shall be deemed to be satisfied and discharged to the extent of any corresponding payment made by the Credit Provider under any Credit Facility other than bond insurance which may then be in effect for such series of Bonds (if applicable) or under the G&R Notes. To secure and provide for the payment of Repayment Installments hereunder, the Company hereby and concurrently herewith issues and delivers to the Trustee its G&R Notes and covenants to maintain the G&R Notes in place during the term of this Agreement as herein and in the Indenture provided. Payments of Repayment Installments made by the Company pursuant to this Section 4.2(a) shall be considered to be a satisfaction, to such extent, of its obligation to make corresponding payments on the G&R Notes. The Company agrees that upon the occurrence and continuation of an Event of Default under Section 8.01(c) of the Indenture, the Trustee may demand an immediate mandatory redemption of the G&R Notes. The Trustee, as holder of the G&R Notes, has waived notice of any such mandatory redemption.

Appears in 2 contracts

Samples: Financing Agreement (Sierra Pacific Power Co), Financing Agreement (Sierra Pacific Power Co)

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Loan Repayments and Other Amounts Payable. (a) On or before each date provided in or pursuant to Bond Payment Date, until the Indenture for the payment (whether at maturity or upon redemption or acceleration) of principal of, and premium, if any, and interest on, the Bonds, until the principal of, and premium, if any, and interest on, on the Bonds shall have been fully paid or provision for the such payment thereof shall have been made as provided in accordance with the Indenture, the Company shall Borrower covenants and agrees to pay to the Trustee in immediately available funds, for deposit in the Bond Fund, as a repayment installment of Loan Repayment on the loan of Loan made to the Borrower from Bond proceeds of the Bonds pursuant to Section 4.1(a) hereof (each, a "Repayment Installment")4.01 hereof, a sum equal to the amount payable on such date (whether at maturity or upon redemption or acceleration) Bond Payment Date as principal of, and premium, if any, and interest on, on the Bonds as provided in the Indenture. The Loan Repayments made pursuant to this subsection (a) shall at all times be sufficient to pay the total amount of interest and principal (whether at maturity or upon redemption or acceleration) and premium, if any, becoming due and payable on the Bonds on each Bond Payment Date; providedprovided that any amount held by the Trustee in the Revenue Fund on the due date for a Loan Repayment pursuant to the immediately preceding paragraph shall be credited against the Loan Repayment due on such date to the extent available for such purpose under the terms of the Indenture; and provided further that, howeversubject to the provisions of this paragraph, that if at any time the amounts held by the Trustee in the Revenue Fund are sufficient to pay all of the principal of and interest and premium, if any, on the Bonds as such payments become due, the Borrower shall be relieved of any obligation to make any further Loan Repayments under the provisions of this Section. Notwithstanding the foregoing, if on any date the amount held by the Trustee in the Revenue Fund is insufficient to make any required payments of principal of (whether at maturity or upon redemption or acceleration) and interest and premium, if any, on the Bonds as such payments become due, the Borrower, immediately upon receipt of notice of such deficiency from the Trustee, shall forthwith pay such deficiency as a Loan Repayment hereunder. The obligation of the Company Borrower to make any such Repayment Installment shall be reduced by the amount of any moneys then on deposit in the Bond Fund and available for such payment; and provided further, that the obligation of the Company to make any such payment under this subsection (a) shall be deemed to be have been satisfied and discharged to the extent of any corresponding payment made by the Credit Provider under any Credit Facility other than bond insurance which may then be in effect for such series of Bonds (if applicable) or under the G&R Notes. To secure and provide for the payment of Repayment Installments hereunder, the Company hereby and concurrently herewith issues and delivers Bank to the Trustee its G&R Notes and covenants to maintain as a result of a drawing under the G&R Notes in place during Letter of Credit. To the term of this Agreement as herein and in extent the Indenture provided. Payments of Trustee receives a Loan Repayment Installments made by from the Company Borrower pursuant to this Section 4.2(asubsection (a) shall be considered to be after any payment obligation hereunder has been satisfied by a satisfaction, to such extent, drawing under the Letter of its obligation to make corresponding payments on the G&R Notes. The Company agrees that upon the occurrence and continuation of an Event of Default under Section 8.01(c) of the IndentureCredit, the Trustee may demand an immediate mandatory redemption of shall promptly use such Loan Repayment to reimburse the G&R Notes. The Trustee, as holder of Bank for such drawing or if the G&R Notes, Bank has waived notice of any been reimbursed directly by the Borrower such mandatory redemptionfunds shall be returned to the Borrower.

Appears in 2 contracts

Samples: Loan Agreement (Roller Bearing Co of America Inc), Loan Agreement (Provena Foods Inc)

Loan Repayments and Other Amounts Payable. (a) On each date provided in or pursuant to the Indenture for the payment of principal (whether at maturity or upon redemption or acceleration) of and/or premium, if any, and/or interest on any Series of Bonds, until the principal of, of and premium, if any, and interest on, the Bonds, until the principal of, and premium, if any, and interest on, on the Bonds shall have been fully paid or provision for the payment thereof shall have been made in accordance with the Indenture, the Company Borrower shall pay to the Trustee in immediately available funds, for deposit in the account within the Bond FundFund relating to such 6 Series of Bonds, as a repayment installment of the loan of the proceeds of the Bonds of such Series pursuant to Section 4.1(a) hereof (each, a "Repayment Installment")4.1 hereof, a sum equal to the amount payable on such interest payment or redemption or acceleration or maturity date as principal (whether at maturity or upon redemption or acceleration) as principal of, of and premium, if any, and interest on, on the Bonds as provided in the Indenture; provided. In the event the Borrower shall fail to make any of the payments required in this subsection, however, that the payment so in default shall continue as an obligation of the Company Borrower until the amount in default shall have been fully paid. (b) The Borrower shall pay or cause to be paid to the Trustee amounts equal to the amounts to be paid by the Trustee for the purchase of Bonds which have not been remarketed pursuant to Article IV of the Indenture and the premium, if any, on the Bonds which have been remarketed pursuant to Article IV of the Indenture, in each case as and to the extent provided in the Indenture. Such amounts shall be paid or caused to be paid by the Borrower to the Trustee, acting as Tender Agent (or, for so long as the Bonds are Book-Entry Bonds, to the Securities Depository), in immediately available funds on the dates and no later than the times such payments pursuant to Section 4.05 of the Indenture are to be made. In the event the Borrower shall fail to make (or cause to be made) any of the payments required in this subsection, the payment so in default shall continue as an obligation of the Borrower until the amount in default shall have been fully paid. The obligation of the Borrower to make any such Repayment Installment shall be reduced by the amount of any moneys then on deposit in the Bond Fund and available for such payment; and provided further, that the obligation of the Company to make any such payment under this subsection shall be deemed to be have been satisfied and discharged to the extent of any corresponding payment made by a Bank or a Liquidity Provider to the Credit Provider Trustee under any Letter of Credit Facility other than bond insurance which may then be in effect for such series or Liquidity Facility. (c) The Borrower agrees to pay to the Trustee, (i) the reasonable fees, charges and expenses of Bonds the Trustee, as Registrar, and as Paying Agent and Tender Agent, as and when the same become due, and (if applicableii) or the reasonable fees, charges and expenses of the Trustee, as and when the same become due under the G&R NotesIndenture, including payments under Section 6.4 hereof, and including the annual fee of the Trustee for the services rendered by it and the expenses incurred by it under the Indenture. To secure In the event the Borrower should fail to make any of the payments required in this subsection, the item or installment so in default shall continue as an obligation of the Borrower until the amount in default shall have been fully paid; provided, however, that such failure of payment shall not be deemed an event of default during the period in which the Borrower is in good faith contesting, by appropriate proceedings promptly initiated and provide diligently conducted, such payment required by this subsection. The provision of this subsection shall survive the retirement of the Bonds and the termination of this Agreement. (d) The Borrower shall pay to the Issuer upon demand all Administrative Expenses, including payments under Section 6.4 hereof. In the event the Borrower should fail to make any of the payments required in this subsection, the item or installment so in default shall continue as an obligation of the Borrower until the amount in default shall have been fully paid. (e) The Borrower releases the Issuer and the Trustee from, and covenants and agrees that neither the Issuer nor the Trustee shall be liable for, and covenants and agrees, to the extent permitted by law, to indemnify and hold harmless the Issuer and the Trustee and their directors, officers, employees and agents from and against, any and all losses, claims, damages, liabilities or expenses, of every conceivable kind, character and nature whatsoever arising out of, resulting from or in any way connected with (1) the Project, or the conditions, occupancy, use, possession, conduct or management of, 7 or work done in or about, or from the planning, design, acquisition, installation or construction of the Project or any part thereof (including without limitation any of the foregoing relating to any federal, state or local environmental law, rule or regulation); (2) the issuance of any Bonds or any certifications, covenants or representations made in connection therewith and the carrying out of any of the transactions contemplated by the Bonds and this Agreement; (3) the Trustee’s acceptance or administration of the trusts under the Indenture, or the exercise or performance of any of its powers or duties under the Indenture; or (4) any untrue statement or alleged untrue statement of any material fact necessary to make the statements made, in the light of the circumstances under which they were made, not misleading, in any official statement or other offering circular utilized by the Issuer or any underwriter or placement agent in connection with the sale or remarketing of any Bonds; provided that such indemnity shall not be required for damages that result from willful misconduct (or, as to the Trustee, negligence), including willful misconduct (or, as to the Trustee, negligence) in the provision of any statements or information, on the part of the party seeking such indemnity. The Borrower further covenants and agrees, to the extent permitted by law, to pay or to reimburse the Issuer and the Trustee and their respective officers, employees and agents for any and all costs, reasonable attorneys’ fees, liabilities or expenses incurred in connection with investigating, defending against or otherwise in connection with any such losses, claims, damages, liabilities, expenses or actions, except to the extent that the same arise out of the willful misconduct (or, as to the Trustee, negligence) of the party claiming such payment or reimbursement. The provisions of this Section shall survive the retirement of the Bonds and the expiration of this Agreement. The indemnified party shall promptly notify the Borrower in writing of any claim or action covered by this indemnity and brought against the indemnified party, or in respect of which indemnity may be sought against the Borrower, setting forth the particulars of such claim or action, and the Borrower will assume the defense thereof, including the employment of counsel satisfactory to the indemnified party and the payment of Repayment Installments hereunderall expenses. The indemnified party may employ separate counsel in any such action and participate in the defense thereof, and the Company hereby fees and concurrently herewith issues expenses of such counsel shall be payable by the Borrower. (f) The Borrower agrees to pay to the Remarketing Agent and delivers the Auction Agent the reasonable fees, charges and expenses of such Remarketing Agent and Auction Agent, and the Issuer shall have no obligation or liability with respect to the payment of any such fees, charges or expenses. (g) The Borrower agrees to pay any Rebate Requirement (as defined in the Tax Certificate) to the Trustee its G&R Notes for deposit in the Rebate Fund. (h) The Borrower also agrees to pay, (i) as soon as practicable after receipt of request for payment thereof, all expenses required to be paid by the Borrower under the terms of any bond purchase agreement relating to the sale of the Bonds; (ii) at the time of issuance of any Bonds, the Issuer’s administrative fee in the amount of $165,000; and covenants (iii) at the time of issuance of any Bonds, all reasonable expenses of the Issuer related to maintain such Bonds which are not otherwise required to be paid by the G&R Notes in place during Borrower under the term terms of this Agreement as herein and in the Indenture providedAgreement. Payments of Repayment Installments made by the Company pursuant to this Section 4.2(a) shall be considered to be a satisfaction, to such extent, of its obligation to make corresponding payments on the G&R Notes. The Company agrees that upon the occurrence and continuation of an Event of Default under Section 8.01(c) of the Indenture, the Trustee may demand an immediate mandatory redemption of the G&R Notes. The Trustee, as holder of the G&R Notes, has waived notice of any such mandatory redemption.8 SECTION 4.3

Appears in 1 contract

Samples: Financing Agreement (Southwest Gas Corp)

Loan Repayments and Other Amounts Payable. (a) On or before each date provided in or pursuant to Bond Payment Date, until the Indenture for the payment (whether at maturity or upon redemption or acceleration) of principal of, and premium, if any, and interest on, the Bonds, until the principal of, and premium, if any, and interest on, on the Bonds shall have been fully paid or provision for the such payment thereof shall have been made as provided in accordance with the Indenture, the Company shall Borrower covenants and agrees to pay to the Trustee in immediately available funds, for deposit in the Bond Fund, as a repayment installment of Loan Repayment on the loan of Loan made to the Borrower from Bond proceeds of the Bonds pursuant to Section 4.1(a) hereof (each, a "Repayment Installment")4.01 hereof, a sum equal to the amount payable on such date (whether at maturity or upon redemption or acceleration) Bond Payment Date as principal of, and premium, if any, and interest on, on the Bonds as provided in the Indenture. The Loan Repayments made pursuant to this subsection (a) shall at all times be sufficient to pay the total amount of interest and principal (whether at maturity or upon redemption or acceleration) and premium, if any, becoming due and payable on the Bonds on each Bond Payment Date; providedprovided that any amount held by the Trustee in the Revenue Fund on the due date for a Loan Repayment pursuant to the immediately preceding paragraph shall be credited against the Loan Repayment due on such date to the extent available for such purpose under the terms of the Indenture; and provided further that, howeversubject to the provisions of this paragraph, that if at any time the amounts held by the Trustee in the Revenue Fund are sufficient to pay all of the principal of and interest and premium, if any, on the Bonds as such payments become due, the Borrower shall be relieved of any obligation to make any further Loan Repayments under the provisions of this Section. Notwithstanding the foregoing, if on any date the amount held by the Trustee in the Revenue Fund is insufficient to make any required payments of principal of (whether at maturity or upon redemption or acceleration) and interest and premium, if any, on the Bonds as such payments become due, the Borrower, immediately upon receipt of notice of such deficiency from the Trustee, shall forthwith pay such deficiency as a Loan Repayment hereunder. The obligation of the Company Borrower to make any such Repayment Installment shall be reduced by the amount of any moneys then on deposit in the Bond Fund and available for such payment; and provided further, that the obligation of the Company to make any such payment under this subsection (a) shall be deemed to be have been satisfied and discharged to the extent of any corresponding payment made by the Credit Provider under any Credit Facility other than bond insurance which may then be in effect for such series of Bonds (if applicable) or under the G&R Notes. To secure and provide for the payment of Repayment Installments hereunder, the Company hereby and concurrently herewith issues and delivers Bank to the Trustee its G&R Notes and covenants to maintain as a resultof a drawing under the G&R Notes in place during Letter of Credit. To the term of this Agreement as herein and in extent the Indenture provided. Payments of Trustee receives a Loan Repayment Installments made by from the Company Borrower pursuant to this Section 4.2(asubsection (a) shall be considered to be after any payment obligation hereunder has been satisfied by a satisfaction, to such extent, drawing under the Letter of its obligation to make corresponding payments on the G&R Notes. The Company agrees that upon the occurrence and continuation of an Event of Default under Section 8.01(c) of the IndentureCredit, the Trustee may demand an immediate mandatory redemption of shall promptly use such Loan Repayment to reimburse the G&R Notes. The Trustee, as holder of Bank for such drawing or if the G&R Notes, Bank has waived notice of any been reimbursed directly by the Borrower such mandatory redemptionfunds shall be returned to the Borrower.

Appears in 1 contract

Samples: Loan Agreement (RBC Bearings INC)

Loan Repayments and Other Amounts Payable. (a) On or before each date provided in or pursuant to Bond Payment Date, until the Indenture for the payment (whether at maturity or upon redemption or acceleration) of principal of, and premium, if any, and interest on, the Bonds, until the principal of, and premium, if any, and interest on, on the Bonds shall have been fully paid or provision for the such payment thereof shall have been made as provided in accordance with the Indenture, the Company shall Borrower covenants and agrees to pay to the Trustee in immediately available funds, for deposit in the Bond Fund, as a repayment installment of Loan Repayment on the loan of Loan made to the Borrower from Bond proceeds of the Bonds pursuant to Section 4.1(a) hereof (each, a "Repayment Installment")4.01 hereof, a sum equal to the amount payable on such date (whether at maturity or upon redemption or acceleration) Bond Payment Date as principal of, and premium, if any, and interest on, on the Bonds as provided in the Indenture. The Loan Repayments made pursuant to this subsection (a) shall at all times be sufficient to pay the total amount of interest and principal (whether at maturity or upon redemption or acceleration) and premium, if any, becoming due and payable on the Bonds on each Bond Payment Date; providedprovided that any amount held by the Trustee in the Revenue Fund on the due date for a Loan Repayment pursuant to the immediately preceding paragraph shall be credited against the Loan Repayment due on such date to the extent available for such purpose under the terms of the Indenture; and provided further that, howeversubject to the provisions of this paragraph, that if at any time the amounts held by the Trustee in the Revenue Fund are sufficient to pay all of the principal of and interest and premium, if any, on the Bonds as such payments become due, the Borrower shall be relieved of any obligation to make any further Loan Repayments under the provisions of this Section. Notwithstanding the foregoing, if on any date the amount held by the Trustee in the Revenue Fund is insufficient to make any required payments of principal of (whether at maturity or upon redemption or acceleration) and interest and premium, if any, on the Bonds as such payments become due, the Borrower, immediately upon receipt of notice of such deficiency from the Trustee, shall forthwith pay such deficiency as a Loan Repayment hereunder. The obligation of the Company Borrower to make any such Repayment Installment shall be reduced by the amount of any moneys then on deposit in the Bond Fund and available for such payment; and provided further, that the obligation of the Company to make any such payment under this subsection (a) shall be deemed to be have been satisfied and discharged to the extent of any corresponding payment made by the Bank or the Support Credit Provider under any Credit Facility other than bond insurance which may then be in effect for such series of Bonds (if applicable) or under the G&R Notes. To secure and provide for the payment of Repayment Installments hereunder, the Company hereby and concurrently herewith issues and delivers to the Trustee its G&R Notes and covenants to maintain as a result of a drawing under the G&R Notes in place during Letter of Credit or the term Support Letter of this Agreement as herein and in Credit, respectively. To the Indenture provided. Payments of extent the Trustee receives a Loan Repayment Installments made by from the Company Borrower pursuant to this Section 4.2(asubsection (a) shall be considered to be after any payment obligation hereunder has been satisfied by a satisfaction, to such extent, drawing under the Letter of its obligation to make corresponding payments on Credit or the G&R Notes. The Company agrees that upon the occurrence and continuation Support Letter of an Event of Default under Section 8.01(c) of the IndentureCredit, the Trustee may demand an immediate mandatory redemption of shall promptly use such Loan Repayment to reimburse the G&R Notes. The TrusteeBank or the Support Credit Provider, as holder of applicable, for such drawing or if the G&R NotesBank or the Support Credit Provider, as applicable, has waived notice of any been reimbursed directly by the Borrower such mandatory redemptionfunds shall be returned to the Borrower.

Appears in 1 contract

Samples: Loan Agreement

Loan Repayments and Other Amounts Payable. (a) On each date provided in or pursuant to the Indenture for the payment (whether at maturity or upon redemption or acceleration) of principal of, and premium, if any, and interest on, the Bonds, until the principal of, and premium, if any, and interest on, the Bonds shall have been fully paid or provision for the payment thereof shall have been made in accordance with the Indenture, the Company shall pay to the Trustee in immediately available funds, for deposit in the Bond Fund, as a repayment installment of the loan of the proceeds of the Bonds pursuant to Section 4.1(a) hereof (each, a "Repayment Installment"), a sum equal to the amount payable on such date (whether at maturity or upon redemption or acceleration) as principal of, and premium, if any, and interest on, the Bonds as provided in the Indenture; provided, however, that the obligation of the Company to make any such Repayment Installment shall be reduced by the amount of any moneys then on deposit in the Bond Fund and available for such payment; and provided further, that the obligation of the Company to make any such payment shall be deemed to be satisfied and discharged to the extent of any corresponding payment made by the Credit Provider under any Credit Facility other than bond insurance which may then be in effect for such series of Bonds (if applicable) or under the G&R Notes. To secure and provide for the payment of Repayment Installments hereunder, the Company hereby and concurrently herewith issues and delivers to the Trustee its G&R Notes and covenants to maintain the G&R Notes in place during the term of this Agreement as herein and in the Indenture provided. Payments of Repayment Installments made by the Company pursuant to this Section 4.2(a) shall be considered to be a satisfaction, to such extent, of its obligation to make corresponding payments on the G&R Notes. The Company agrees that upon the occurrence and continuation of an Event of Default under Section 8.01(c) of the Indenture, the Trustee may demand an immediate 4847-5363-8470.4 mandatory redemption of the G&R Notes. The Trustee, as holder of the G&R Notes, has waived notice of any such mandatory redemption.

Appears in 1 contract

Samples: Financing Agreement (Nevada Power Co)

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Loan Repayments and Other Amounts Payable. (a) On each date provided in or pursuant to the Indenture for the payment (whether at maturity or upon redemption or acceleration) of principal of, and premium, if any, and interest on, the Bonds, until the principal of, and premium, if any, and interest on, the Bonds shall have been fully paid or provision for the payment thereof shall have been made in accordance with the Indenture, the Company shall pay to the Trustee in immediately available funds, for deposit in the Bond Fund, as a repayment installment of the loan of the proceeds of the Bonds pursuant to Section 4.1(a) hereof (each, a "Repayment Installment"), a sum equal to the amount payable on such date (whether at maturity or upon redemption or acceleration) as principal of, and premium, if any, and interest on, the Bonds as provided in the Indenture; provided, however, that the obligation of the Company to make any such Repayment Installment shall be reduced by the amount of any moneys then on deposit in the Bond Fund and available for such payment; and provided further, that the obligation of the Company to make any such payment shall be deemed to be satisfied and discharged to the extent of any corresponding payment made by the Credit Provider under any Credit Facility other than bond insurance which may then be in effect for such series of Bonds (if applicable) or under the G&R Notes. To secure and provide for the payment of Repayment Installments hereunder, the Company hereby and concurrently herewith issues and delivers to the Trustee its G&R Notes and covenants to maintain the G&R Notes in place during the term of this Agreement as herein and in the Indenture provided. Payments of Repayment Installments made by the Company pursuant to this Section 4.2(a) shall be considered to be a satisfaction, to such extent, of its obligation to make corresponding payments on the G&R Notes. The Company agrees that upon the occurrence and continuation of an Event of Default under Section 8.01(c) of the Indenture, the Trustee may demand an immediate mandatory redemption of the G&R Notes. The Trustee, as holder of the G&R Notes, has waived notice of any such mandatory redemption.4.2 4819-0944-7237.6

Appears in 1 contract

Samples: Financing Agreement (Nevada Power Co)

Loan Repayments and Other Amounts Payable. (a) On each date provided in or pursuant to the Indenture for the payment (whether at maturity or upon redemption or acceleration) of principal of, and premium, if any, and interest on, the Bonds, until the principal of, and premium, if any, and interest on, the Bonds shall have been fully paid or provision for the payment thereof shall have been made in accordance with the Indenture, the Company shall pay to the Trustee in immediately available funds, for deposit in the Bond Fund, as a repayment installment of the loan of the proceeds of the Bonds pursuant to Section 4.1(a) hereof (each, a "Repayment Installment"), a sum equal to the amount payable on such date (whether at maturity or upon redemption or acceleration) as principal of, and premium, if any, and interest on, the Bonds as provided in the Indenture; provided, however, that the obligation of the Company to make any such Repayment Installment shall be reduced by the amount of any moneys then on deposit in the Bond Fund and available for such payment; and provided further, that the obligation of the Company to make any such payment shall be deemed to be satisfied and discharged to the extent of any corresponding payment made by the Credit Provider under any Credit Facility other than bond insurance which may then be in effect for such series of Bonds (if applicable) or under the G&R Notes. To secure and provide for the payment of Repayment Installments hereunder, the Company hereby and concurrently herewith issues and delivers to the Trustee its G&R Notes and covenants to maintain the G&R Notes in place during the term of this Agreement as herein and in the Indenture provided. Payments of Repayment Installments made by the Company pursuant to this Section 4.2(a) shall be considered to be a satisfaction, to such extent, of its obligation to make corresponding 4840-3734-7631.3 payments on the G&R Notes. The Company agrees that upon the occurrence and continuation of an Event of Default under Section 8.01(c) of the Indenture, the Trustee may demand an immediate mandatory redemption of the G&R Notes. The Trustee, as holder of the G&R Notes, has waived notice of any such mandatory redemption.

Appears in 1 contract

Samples: Financing Agreement (Sierra Pacific Power Co)

Loan Repayments and Other Amounts Payable. (a) On or before each date provided in or pursuant to Bond Payment Date, until the Indenture for the payment (whether at maturity or upon redemption or acceleration) of principal of, and premium, if any, and interest on, the Bonds, until the principal of, and premium, if any, and interest on, on the Bonds shall have been fully paid or provision for the such payment thereof shall have been made as provided in accordance with the Indenture, the Company shall Borrower covenants and agrees to pay to the Trustee in immediately available funds, for deposit in the Bond Fund, as a repayment installment of Loan Repayment on the loan of Loan made to the Borrower from Bond proceeds of the Bonds pursuant to Section 4.1(a) hereof (each, a "Repayment Installment")4.1, a sum equal to the amount payable on such date (whether at maturity or upon redemption or acceleration) Bond Payment Date as principal of, and premium, if any, and interest on, on the Bonds as provided in the Indenture. The Loan Repayments made pursuant to this subsection (a) shall at all times be sufficient to pay the total amount of interest and principal (whether at maturity or upon redemption or acceleration) and premium, if any, becoming due and payable on the Bonds on each Bond Payment Date; providedprovided that any amount held by the Trustee in the Revenue Fund on the due date for a Loan Repayment pursuant to the immediately preceding paragraph shall be credited against the Loan Repayment due on such date to the extent available for such purpose under the terms of the Indenture; and provided further that, howeversubject to the provisions of this paragraph, that if at any time the amounts held by the Trustee in the Revenue Fund are sufficient to pay all of the principal of and interest and premium, if any, on the Bonds as such payments become due, the Borrower shall be relieved of any obligation to make any further Loan Repayments under the provisions of this Section. Notwithstanding the foregoing, if on any date the amount held by the Trustee in the Revenue Fund is insufficient to make any required payments of principal of (whether at maturity or upon redemption or acceleration) and interest and premium, if any, on the Bonds as such payments become due, the Borrower, immediately upon receipt of notice of such deficiency from the Trustee, shall forthwith pay such deficiency as a Loan Repayment hereunder. The obligation of the Company Borrower to make any such Repayment Installment shall be reduced by the amount of any moneys then on deposit in the Bond Fund and available for such payment; and provided further, that the obligation of the Company to make any such payment under this subsection (a) shall be deemed to be have been satisfied and discharged to the extent of any corresponding payment made by the Credit Provider under any Credit Facility other than bond insurance which may then be in effect for such series of Bonds (if applicable) or under the G&R Notes. To secure and provide for the payment of Repayment Installments hereunder, the Company hereby and concurrently herewith issues and delivers Bank to the Trustee its G&R Notes and covenants to maintain as a result of a drawing under the G&R Notes in place during Letter of Credit. To the term of this Agreement as herein and in extent the Indenture provided. Payments of Trustee receives a Loan Repayment Installments made by from the Company Borrower pursuant to this Section 4.2(asubsection (a) shall be considered to be after any payment obligation hereunder has been satisfied by a satisfaction, to such extent, drawing under the Letter of its obligation to make corresponding payments on the G&R Notes. The Company agrees that upon the occurrence and continuation of an Event of Default under Section 8.01(c) of the IndentureCredit, the Trustee may demand an immediate mandatory redemption of shall use such Loan Repayment to reimburse the G&R Notes. The Trustee, as holder of the G&R Notes, has waived notice of any Bank for such mandatory redemptiondrawing.

Appears in 1 contract

Samples: Loan Agreement (Advanced Aerodynamics & Structures Inc/)

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