CONCERNING THE FISCAL AGENT. Section 7.01 Standard of Care 41 Section 7.02 Reliance Upon Documents 42 Section 7.03 Use of Proceeds 45 Section 7.04 Escrowed Funds 45 Section 7.05 Trust Imposed 45 Section 7.06 Compensation of Fiscal Agent 46 Section 7.07 Qualifications of Fiscal Agent 47 Section 7.08 Merger of Fiscal Agent 47 Section 7.09 Resignation by the Fiscal Agent 47 Section 7.10 Removal of the Fiscal Agent 47 Section 7.11 Appointment of Successor Fiscal Agent 48 Section 7.12 Concerning Any Successor Fiscal Agent 48 Section 7.13 Successor Fiscal Agent 49 Section 7.14 Appointment of Co-Fiscal Agent or Separate Fiscal Agent 49 Section 7.15 Notice of Certain Events 51 Section 7.16 51 Section 7.17 Filing of Financing Statements 51 Section 7.18 USA Patriot Act Requirements of the Fiscal Agent 51
CONCERNING THE FISCAL AGENT. SECTION 5.1. Appointment, Duties and Responsibilities of the Fiscal Agent 17 SECTION 5.2. Certain Rights of the Fiscal Agent 18
CONCERNING THE FISCAL AGENT. Section 7.01 Standard of Care 42 Section 7.02 Reliance Upon Documents 43 Section 7.03 Use of Proceeds 46 Section 7.04 [Reserved] 46
CONCERNING THE FISCAL AGENT. Section VII.01Standard of Care . The Fiscal Agent, prior to an Event of Default as defined in Section 6.01 hereof and after the curing or waiver of all such events which may have occurred, shall perform such duties and only such duties as are specifically set forth in this Funding Loan Agreement and no implied covenants or obligations should be read into this Funding Loan Agreement against the Fiscal Agent. The Fiscal Agent, during the existence of any such Event of Default (which shall not have been cured or waived), shall exercise such rights and powers vested in it by this Funding Loan Agreement and use the same degree of care and skill in its exercise as a prudent Person would exercise or use under similar circumstances in the conduct of such Person’s own affairs. For the avoidance of doubt, the permissive right of the Fiscal Agent to do things enumerated in this Funding Loan Agreement or the Project Loan Agreement shall not be construed as a duty. No provision of this Funding Loan Agreement shall be construed to relieve the Fiscal Agent from liability for its breach of trust, own negligence or willful misconduct, except that:
CONCERNING THE FISCAL AGENT. Section 7.01. Duties of the Fiscal Agent............................................................89 Section 7.02. Fiscal Agent May Own Bonds and Certificates...........................................89 Section 7.03. Fees and Expenses of Fiscal Agent; Indemnification of Fiscal Agent..........................................................................89 Section 7.04. Resignation and Removal of Fiscal Agent...............................................90 Section 7.05. Successor Fiscal Agent................................................................91 Section 7.06. Merger or Consolidation of Fiscal Agent...............................................91
CONCERNING THE FISCAL AGENT. SECTION 5.1. Appointment, Duties and Responsibilities of the Fiscal Agent 17 SECTION 5.2. Certain Rights of the Fiscal Agent 18 SECTION 5.3. Fiscal Agent Not Responsible for Recitals, Disposition of Bonds or Application of Proceeds Thereof 18 SECTION 5.4. Fiscal Agent and Agents May Hold Bonds; Collections 19 SECTION 5.5. Monies Held by Fiscal Agent 19 SECTION 5.6. Compensation and Indemnification of Fiscal Agent and Its Prior Claim 19 SECTION 5.7. Right of Fiscal Agent to Rely on Officer’s Certificate 20 SECTION 5.8. Persons Eligible for Appointment as Fiscal Agent 20 SECTION 5.9. Resignation and Removal; Appointment of Successor Fiscal Agent 20 SECTION 5.10. Acceptance of Appointment by Successor Fiscal Agent 21 SECTION 5.11. Merger, Conversion, Consolidation or Succession to Business of Fiscal Agent 22 ARTICLE VI CONCERNING THE BONDHOLDERS
CONCERNING THE FISCAL AGENT. Section 401.
CONCERNING THE FISCAL AGENT. Section VII.01Standard of Care . The Fiscal Agent, prior to an Event of Default as defined in Section 6.01 hereof and after the curing or waiver of all such events which may have occurred, shall perform such duties and only such duties as are specifically set forth in this Funding Loan Agreement. The Fiscal Agent, during the existence of any such Event of Default (which shall not have been cured or waived), shall exercise such rights and powers vested in it by this Funding Loan Agreement and use the same degree of care and skill in its exercise as a prudent Person would exercise or use under similar circumstances in the conduct of such Person’s own affairs. No provision of this Funding Loan Agreement shall be construed to relieve the Fiscal Agent from liability for its breach of trust, own negligence or willful misconduct, except that:
CONCERNING THE FISCAL AGENT
