Laserfiche WebLink
Section 6.04 Concerning the Lease. The Issuer will cause and permit the Trustee to take <br />such action as may be necessary or advisable to enforce the covenants, terms and conditions of <br />the Lease if such action shall, in the Trustee's discretion, be deemed to be in the best interest of <br />the Issuer or the Bondholders. The Issuer shall do or cause to be done all things on its part to be <br />performed under the Lease so that the obligations of the City thereunder shall not be impaired or <br />excused. <br /> <br /> Section 6.05 To Observe All Covenants and Terms; Limitations on Issuer's Obliaations. <br />The Issuer will not issue or permit to be issued any Bonds hereunder in any manner other than in <br />accordance with the provisions of th.is Indenture and the agreements in that behalf herein <br />contained, and will not suffer or permit any Default to occur under the Indenture, but will <br />faith_fully observe and perform all the conditions, covenants and requirements hereof. Under the <br />Act, and it is expressly agreed that, the Issuer has no obligation to levy taxes for, or make any <br />advance or payment or incur any expense or liability from its general fund,.in performing, any of <br />the Conditions, covenants or requirements Of the Bonds or this Indenture or from any funds other <br />than revenues and income received pursuant to the 'Lease or moneys in the funds and accounta <br />provided for herein. <br /> <br /> Section 6.06 Liens. The Issuer agrees it will not mortgage, sell or otherwise encumber <br />its interests in the Project during the term of the Lease, except as such liens may constitute <br />Permitted Encumbrances (as defined in the Lease). <br /> <br />Section 6.07 Rebate. The Issuer will: <br /> <br /> (1) pay to the Un/ted States, as a rebate, an mount equal to the sum of (i) the excess <br />of (a) the aggregate amount earned on ali nonpurpose obligations (other than investments <br />attributable to an excess described in this clause), over (b) the amount-which would have been <br />earned if all nonpurpose obligations were invested at a rate equal to the yield on the Bonds, plus <br />(ii) any income attributable to the excess described in elause (i), at the times and in the amounts <br />required by Section I48(f) of the Code, all Mt_h_in the meaning of Section 148(t') oft he Code; <br /> <br /> (2) maintain records of the interest-rote borne by the Bonds and the investments of the <br />Trust Funds and earnings thereon in.adequate detaiI.to enable the Issuer to calculate the amount <br />of any rebate required to be made to the Un/ted States; <br /> <br /> (3) pay the rebate to the Un/ted States at times and in installments which satisfy <br />Section I48(f) of the Code and the regulations, at least once every Ilve years and within sixty <br />days after the day on which the last of the Bonds is redeemed; <br /> <br /> (4) calculate the amount to be rebated at least every five years and within thirty days <br />after the day on which the last of the Bonds is redeemed and furnish the Trustee with such. <br />calculations within fifteen days of the time they are made (or 10 days if the 30-day deadline <br />applies); provided that if the Trustee is not furnished with such calculations, by June 1 of each <br />fifth year commencing June 1, 2010, the Trustee shall undertake to have such calculations made <br />by a Rebate Expert. (The Trustee may elect to verify any rebate calculations furnished by the <br />Issuer un/ess the Issuer files with the Trustee a ,written opinion ora Rebate Expert stating in <br />effect that the rebate calculations are made in compliance with Section 148(f) of the Code. All <br /> <br />102 <br /> <br />1763903vl <br /> <br /> <br />