Agenda - Council - 07/12/2022 - Laserfiche WebLink

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Section 11.5 Amounts Remaining in the Funds Established Under the Indenture. It is agreed by the parties hereto that any amounts remaining in the Funds established under the Indenture upon expiration or earlier termination of the Term of the Loan Agreement, as provided in this Loan Agreement, after payment in full of the Bonds (or provision for payment thereof having been made in accordance with the provisions of the Indenture), and the fees and expenses of the Issuer, and the Trustee in accordance with the Indenture, shall belong to and be paid to the Company by the Trustee as the return of an overpayment of the amounts payable hereunder. Section 11.6 Amendments, Changes, and Modifications. Subsequent to the issuance of Bonds and prior to their payment in full(or provision for the payment thereof having been made in accordance with the provisions of the Indenture), and except as otherwise herein expressly provided, this Loan Agreement may not be effectively amended, changed, modified, altered, or terminated without the written consent of the Trustee, in accordance with the provisions of the Indenture. Section 11.7 Execution in Counterparts. This Loan Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. Section 11.8 Applicable Law. This Loan Agreement shall be governed by and construed in accordance with the laws of the State. Section 11.9 Captions. The captions and headings in this Loan Agreement are for convenience only and in no way define, limit, or describe the scope or intent of any provisions or Sections of this Loan Agreement. Section 11.10 Program Investment Restrictions. In accordance with the requirements of Section 1.148-1(b) of the Regulations,the Company is prohibited from purchasing Tax-Exempt Bonds in an amount related to the amount of obligation of the Company under this Loan Agreement. Section 11.11 Electronic SiLynatures. The parties agree that the electronic signature of a party to this Loan Agreement shall be as valid as an original signature of such party and shall be effective to bind such party to this Loan Agreement. For purposes hereof: (i) "electronic signature" means a manually signed original signature that is then transmitted by electronic means or a digital signature provided by DocuSign or other digital signature provider; and (ii) "transmitted by electronic means" means sent in the form of a facsimile or sent via the internet as a portable document format ("pdf') or other replicating image attached to an electronic mail or internet message. Section 11.12 Patriot Act. To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify and record information that identifies each person who opens an account. For a non-individual person such as a business entity, a charity, a trust or other legal entity the Trustee will request documentation to verify its formation and existence as a legal entity. Furthermore, if required by the Patriot Act, the Trustee may request financial statements, licenses, identification and 44 730911770