Agenda - Council - 08/13/2013 - Laserfiche WebLink

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that, prior to the issuance of any such Additional Bonds, the following terms and conditions have been met: (a) the Trustee has received a copy, duly certified by the Secretary of the Issuer, of the resolution adopted by the Issuer authorizing the issuance of such Additional Bonds and the execution and delivery of (i) a supplemental indenture, supplementing and amending the Indenture, which supplemental indenture shall not require the approval of any Registered Owner of the Bonds, providing the date, interest rates and maturities of such Additional Bonds, options and requirements for redemption prior to maturity with respect to such Additional Bonds, deposit of proceeds to the various funds and accounts, and such other terms as may be required by reason of the foregoing and which adopts the applicable provisions of this Indenture, (ii) an agreement supplementing and amending the Loan Agreement, and (iii) an amendment of the Lease pursuant to which the School is obligated to make additional Lease Payments sufficient to pay the principal and interest due with respect to such Additional Bonds and any related costs or expenses; (b) the Trustee has either (1) received (i) an opinion or report of an independent certified public accountant to the effect that the School's Income Available for Debt Service for the Fiscal Year immediately preceding the date on which such Additional Bonds are to be issued for which audited financial statements are available was at least 120% of the maximum amount of principal and interest payable in any Fiscal Year on the School's Lease Payments and Indebtedness, and (ii) a certificate of the chief financial officer of the School, verified by an independent certified public accountant, to the effect that the School reasonably projects that the Income Available for Debt Service to be obtained by the School for each of the School's two Fiscal Years beginning with the Fiscal Year of the School commencing after the issuance of such Additional Bonds will equal not less than 130% of the projected maximum amount of principal and interest payable in any Fiscal Year on the School's Lease Payments and Indebtedness (including the debt service on the proposed Additional Bonds), or (2) Company has received the prior written consent of the Majority Bondholder to the issuance of such Additional Bonds; (c) the Trustee has received a certificate of the Company Representative to the effect that there is no Event of Default then existing under the Loan Agreement or the Indenture; (d) the Trustee has received an opinion of Bond Counsel to the effect that the issuance of such Additional Bonds will not affect adversely the exclusion from gross income for federal income tax purposes of interest on any Outstanding Series 2013A Bonds; (e) the Trustee has received original executed counterparts of the agreements supplementing and amending the Loan Agreement and the Lease and the supplemental indenture supplementing and amending the Indenture; (f) the Trustee has received a request and authorization to the Trustee on behalf of the Issuer and signed by its Issuer Representatives to authenticate and deliver such Additional Bonds to the purchasers therein identified, upon payment to the Trustee, but for the account of the Issuer, of a sum specified in such request and authorization, plus accrued interest thereon, if any, to the date of delivery; (g) the Trustee has received an executed opinion of Bond Counsel to the effect that (i) the Additional Bonds have been duly authorized, executed and delivered and constitute the 34