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

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ARTICLE VI SPECIAL COVENANTS Section 6.1 No Warranty of Condition or Suitability by the Issuer. The Issuer makes no warranty, either express or implied, as to the Schoolhouse or the condition thereof, or that the Schoolhouse will be suitable for the purposes or needs of the Company or the School. Section 6.2 Access to the Schoolhouse. The Company agrees that the Issuer, the Trustee and their duly authorized agents shall have the right at all reasonable times to enter the Schoolhouse, to examine and inspect the Schoolhouse, and to have such rights of access to the Schoolhouse for the proper maintenance of the Schoolhouse in the event of failure by the Company to perform its obligations under Section 4.4 hereof. The Issuer and the Trustee and their duly authorized agents shall also be permitted, at all reasonable times, to examine and copy the books and records of the Company with respect to the Schoolhouse. Section 6.3 Further Assurances and Corrective Instruments. The Issuer and the Company agree that they will, from time to time, execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, such supplements hereto and such further instruments as may reasonably be required for carrying out the expressed intention of this Agreement. Section 6.4 The Issuer and the Company Representatives. Whenever under the provisions of this Agreement the approval of the Issuer or the Company is required or the Issuer or the Company is required to take some action at the request of the other, such approval or such request shall be given for the Issuer by the Issuer Representative and for the Company by the Company Representative; the Trustee and any party hereto shall be authorized to act on any such approval or request. Section 6.5 Covenant Against Encumbrances. The Company hereby covenants and agrees that it will not create, incur, assume or suffer to exist any encumbrances upon the Schoolhouse, except Permitted Encumbrances (as defined in the Mortgage) and the Mortgage Section 6.6 The Issuer and the Company to Grant Security Interest to Trustee. The parties hereto agree that pursuant to the Indenture, the issuer shall assign to the Trustee in order to secure payment of the Bonds all of the Issuer's right, title and interest in this Agreement except the Issuer's rights under Sections 4.2(b), 7.3 and 8.4 hereof. The Company hereby pledges and grants to the Issuer, for the benefit of the Registered Owners of the Bonds, all of its right, title and interest, if any, in the funds and in any trust accounts referred to in this Agreement or the Indenture and held by the Trustee. Section 6.7 Consent to Trustee's Access to Information. The Company hereby consents to the right of the Trustee to inspect, review, duplicate and make public to the extent authorized by law, any information or documents in accordance with the Indenture including information pertaining in any manner to the Schoolhouse. the Company or the Company's business, assets, liabilities, financial condition, operations or compliance with any documents related to the Bonds. The Issuer and the Company hereby agree that the Trustee is intended to be a third -party beneficiary of the provisions of this Section, who may enforce the provisions of this 24 5G008G1v1