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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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as a result of a valuation, or within 90 days of such withdrawal if the deficiency occurs as a result <br />of a withdrawal from the Reserve Fund. Moneys on deposit in the Reserve Fund will be used to <br />pay the principal of, premium, if any, and interest on the Bonds as the same become due <br />(whether at maturity or upon redemption or by acceleration) in the event that moneys in the Bond <br />Fund is insufficient therefor, and to pay the final maturities of principal of and interest on the <br />Bonds. In addition if, on 2, 2024 such Value is in excess of $899,837.50 and no <br />Event of Default has occurred and is continuing under the Loan Agreement, Mortgage, Pledge <br />Agreement or this Indenture and the School is maintaining Income Available for Debt Service of <br />at least 1 10% of the principal and interest due on the Bonds and any Additional Bonds in the <br />prior Fiscal Year in accordance with Section 3(0) of Pledge Agreement, the Trustee shall deposit <br />an amount equivalent to the excess in the Bond Fund to be used to pay interest on and principal <br />of the Bonds. <br />The Costs of Issuance Fund <br />Moneys deposited in the Costs of Issuance Fund of the Indenture will be used to pay the <br />costs incurred in issuing the Bonds. <br />The Project Fund <br />Upon the issuance of the Bonds, an amount equal to $640,000 from Bond proceeds and <br />thereafter any money received by the Trustee for payment of Project Costs, will be credited to <br />the Project Fund. Amounts on hand in the Project Fund will be held by the Trustee and applied <br />to the payment of Project Costs. All disbursements from the Project Fund will be made in <br />accordance with and subject to the provisions and restrictions set forth in the Loan Agreement_ <br />On the Completion Date, after payment of the Project Costs relating to the Project, any balance <br />remaining the Project Fund will be transferred to the Bond Fund and applied to redemption of the <br />Bonds. <br />Capital Improvement Fund <br />Once per month the Company will transfer the Monthly Deposit to the Trustee to be <br />deposited in the Capital Improvement Fund in any month the amount held therein is less than <br />$500,000. The Trustee will apply money in such fund not more often than once each month as <br />requested in a Company request to the payment of items of repair, improvement, and <br />replacement with respect to the Project which constitute capital expenditures under Generally <br />Accepted Accounting Principles or which otherwise constitute major periodic repair or <br />maintenance of the Schoolhouse, such as annual painting or re -carpeting of a section of the <br />Schoolhouse (as opposed to incidental repairs such as touch-up painting, replacement of <br />individual carpet tiles, etc.). The Company request will identify the expenditures to be made by <br />nature and amount, will identify the contractor or other party making the repairs, improvements, <br />and replacements, and will certify that the expenditures are proper expenditures to be made or <br />reimbursed from the Capital Improvement Fund. Investment earnings on amounts held in the <br />Capital Improvement Fund will remain in, and be credited as received to, the Capital <br />Improvement Fund. The Trustee may conclusively rely on Company requests submitted in <br />accordance with the Indenture as complete authorization for the disbursements made pursuant <br />thereto and will not be responsible for any representations or certifications made therein. <br />E-8 <br />
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