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default under the Lease and the steps to be taken by the School to remedy such default, <br />promptly after such default occurs. <br />(1) On or before June 30 of each year apply to the Minnesota Department of <br />Education (or its successor) for building lease aid as required by Minnesota Statutes and <br />provide notice to the Trustee and EMMA of such application and approval thereof by the <br />Minnesota Department of Education. <br />(m) Carry automobile and workers' compensation insurance to the extent <br />required by Minnesota law, and upon request, furnish to the Company certificates <br />evidencing such coverage throughout the Term of the Lease. All such policies of <br />insurance shall be in the forms and amounts required to be provided by the Company <br />under the Loan Agreement and the Mortgage. <br />(n) The School may, at its own expense and in its own name, in good faith <br />contest any real estate taxes, assessments, utility and other charges and shall notify the <br />Company of such good faith contest and, in the event of any such contest, may permit the <br />taxes, assessments, utility or other charges so contested to remain unpaid during the <br />period of such contest and any appeal therefrom but only if (1) nonpayment of any such <br />items will not materially endanger the interest of the Company in the Premises, nor <br />subject to loss or forfeiture the Premises or any part thereof, and (2) the School files with <br />the Company an opinion of Independent Counsel stating in effect that neither event will <br />occur. If both conditions are not satisfied the School shall promptly pay such taxes, <br />assessments, utility or other charges or provide Company with full security against any <br />loss that may result from nonpayment, in form satisfactory to Company. <br />(o) Use its best efforts to maintain Income Available for Debt Service of at <br />least 120% of the principal and interest due on the Bonds and any Additional Bonds in <br />each Fiscal Year. In the event the School's Income Available for Debt Service is less <br />than 110% of the principal and interest due on the Bonds and any Additional Bonds in <br />any Fiscal Year, the School shall retain an Independent Consultant to review and analyze <br />the reports required by the Pledge Agreement, to inspect the Project and the School's <br />operation and administration and to make such recommendations as to the operation and <br />administration of the School and the Schoolhouse as such Independent Consultant deems <br />appropriate. Notwithstanding the immediately preceding sentence, regardless of whether <br />the School has retained an Independent Consultant, if at the end of the Fiscal Year 2013 <br />or any subsequent Fiscal Year, the Income Available for Debt Service as of the end of <br />such Fiscal Year is less than 100% of the principal and interest due on the Bonds and any <br />Additional Bonds (as evidenced by the School's audited financial statements for such <br />Fiscal Year), then the Trustee may declare an Event of Default or exercise one or more of <br />the remedies permitted under the Loan Agreement and the Indenture. <br />Delivery to the Trustee of the information, reports and documents described in this <br />Section 6.12 is for informational purposes only. The Trustee has no obligation to review or <br />analyze the information, reports and documents and the Trustee's receipt of such information, <br />reports and documents shall not constitute constructive or actual notice of any information <br />contained therein or determinable from information contained therein. <br />28 <br />5600861v1 <br />