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Agenda - Council - 08/13/2013
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Agenda - Council - 08/13/2013
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Meetings
Meeting Document Type
Agenda
Meeting Type
Council
Document Date
08/13/2013
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all amounts due and payable by the School pursuant to the Lease and the Pledge Agreement, <br />which includes Lease Payments from the School in an amount sufficient to pay principal of and <br />interest on the Series 2013 Bonds. Such transfers to the Trustee are to be made on the same <br />Business Day for deposits received before 12:00 noon Minneapolis, Minnesota time, or if the <br />deposits are received after 12:00 noon, before 12:00 noon on the next succeeding Business Day. <br />In the event that the amount available from the first deposit in a month of State funds is <br />insufficient to pay the amounts due under the Lease, the amount of any such insufficiency shall <br />be transferred to the Trustee from the second monthly deposit (or from succeeding deposits <br />thereafter) of State funds. After the amounts due under the Lease in any month have been fully <br />paid to the Trustee, the balance available in the Sweep Account shall be available to the School <br />to use for any authorized purposes. The Sweep Account shall not otherwise be available to pay <br />any expenses or secure any obligations of the School. See Appendix E: "THE PLEDGE <br />AGREEMENT." <br />The Pledge Agreement also includes the requirements that, during the term of the Lease, <br />the School shall: <br />(A) Furnish to the Trustee and EMMA a copy of the audited financial statements <br />required of the School under Minnesota law for the preceding fiscal year. <br />(B) Prepare and submit to the Trustee and EMMA by no later than 30 of <br />each year, a copy of the proposed budget for the School for the next succeeding fiscal year and <br />projected long-range budget model forecasting the operations of the School for at least 5 years. <br />(C) On or about the 15th day of each February, May, August and November, submit <br />to the Trustee and EMMA, copies of quarterly student attendance, budget and financial reports <br />required by Minnesota law and by the Charter Agreement between the School and its Authorizer, <br />and certain additional financial and operating reports. <br />(D) Make all applications or submissions and provide all supporting documentation to <br />the Minnesota Depai anent of Education (or its successor) necessary to receive full funding from <br />the State of Minnesota for all legally available general student aid funds, lease aids, or other <br />funding sources included in the School's annual budgeted operating revenues. <br />(E) Make all necessary applications or submissions, including all supporting <br />documentation, on or before 30 of each year to the Minnesota Department of Education <br />(or its successor) necessary to receive any Title I federal funding or other federal money included <br />in the School's annual budgeted operating revenues. <br />(F) Other than the obligation to make additional Lease Payments for the purpose of <br />repaying Additional Bonds, not incur any additional Indebtedness without the prior written <br />consent of the Majority Bondholder; provided that the foregoing requirements shall not apply to <br />(i) loans or operating or capital leases for computers and/or technology and (ii) short-term (less <br />than twelve months) working capital borrowings or sales of accounts receivable by the School <br />for cash flow purposes in an amount not to exceed $1,000,000 annually. <br />(G) Maintain unrestricted Cash on Hand in its operation fund such that on each testing <br />date the amount on deposit in such fund shall be equal to or greater than 45 Days Cash on Hand. <br />The School's Cash on Hand shall be tested each year 30 days after the end of the School's Fiscal <br />34 <br />
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