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Agenda - Council - 08/13/2013
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Agenda - Council - 08/13/2013
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3/18/2025 9:36:06 AM
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10/25/2013 4:02:45 PM
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Meetings
Meeting Document Type
Agenda
Meeting Type
Council
Document Date
08/13/2013
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School will be deemed to be held, and to have been collected or received, by the School as agent <br />of the Trustee and will forthwith be paid by the School to the Trustee. <br />Pursuant to the Indenture, as and when received from the State Aid Revenues Account to <br />the Revenue Fund, the Trustee will apply amounts deposited in the Revenue Fund to the payment <br />of principal and interest on the Bonds, payment of any rebate required, replenishment of the <br />Reserve Fund, funding the Capital Improvement Fund, payment of the fees and expenses of the <br />Trustee, and payment of the fees of the Issuer and certain other monthly and annual expenses. <br />See Appendix I: "THE INDENTURE —The Revenue Fund." <br />Pursuant to the Pledge Agreement, the School makes certain financial and operating <br />covenants for the benefit of Bondholders. See Appendix I: "THE LOAN AGREEMENT — <br />Covenants of the School." <br />Upon the occurrence of any Event of Default under the Pledge Agreement, the Trustee <br />will have, in addition to all other rights and remedies provided in the Pledge Agreement or by <br />law, the rights and remedies of a secured party under the Minnesota Uniform Commercial Code, <br />and the Trustee may appropriate (by set-off or otherwise) all amounts held in the Revenue Fund <br />or otherwise under the Indenture and apply the same to the payment of amounts due under the <br />Loan Agreement with respect to the Bonds in such order and manner as provided in the <br />Indenture. <br />THE ESCROW AGREEMENT <br />The following is a summary of certain provisions of the Escrow Agreement and is <br />qualified in its entirety by reference to the Escrow Agreement. The definitions for all capitalized <br />terms used herein not otherwise defined can be found in "APPENDIX I —DEFINITIONS OF <br />CERTAIN TERMS AND SUMMARIES OF DOCUMENTS -DEFINITIONS" or in the Indenture, <br />the Loan Agreement, or the Escrow Agreement, unless the context indicates otherwise. <br />The Escrow Agreement creates and provides for the investment of an Escrow Fund to be <br />used to defease, redeem, and prepay the Prior Bonds. On the Closing Date, the Trustee will <br />disburse such funds to the Escrow Agent for deposit to the Escrow Fund, which will be applied, <br />along with money on hand with the Prior Trustee pursuant to the terms of the Prior Indenture, to <br />pay when due the principal of and interest on the Prior Bonds to and including 1, 2014, <br />and pay all of the outstanding principal amount of the Prior Bonds on 1, 2014, <br />THE CONTINUING DISCLOSURE AGREEMENT <br />The following is a summary of certain provisions contained in the Continuing Disclosure <br />Agreement (the "Continuing Disclosure Agreement') and is qualified in its entirety by reference <br />to the Continuing Disclosure Agreement. The definitions for all capitalized terms used herein <br />not otherwise defined can be found in the Indenture, the Loan Agreement or the Continuing <br />Disclosure Agreement, unless the context indicates otherwise. <br />Section 1. Purpose of the Disclosure Agreement. The Continuing Disclosure <br />Agreement dated as of 1, 2013 (the "Disclosure Agreement"), is being executed and <br />delivered by the Company, the School, and the Trustee for the benefit of the holders and <br />beneficial owners of the Securities in order to assist the Underwriter (defined herein) within the <br />E-8 <br />
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