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81-144 Ordinance
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81-144 Ordinance
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1/11/2014 11:44:50 AM
Creation date
12/12/2013 5:35:14 AM
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North Olmsted Legislation
Legislation Number
81-144
Legislation Date
12/15/1981
Year
1981
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The Issuer covenants and agrees, whenever the moneys and <br />investments in the Bond Fund which constitute Pledged Receipts (or <br />otherwise held by the Trustee for such purpose) are sufficient in amount <br />to redeem all of the Bonds then outstanding and to pay interest to <br />accrue thereon to the date or dates of such redemption, to take and <br />cause to be taken the necessary steps to redeem all of said Bonds on the <br />next succeeding redemption date or dates for which the required notice <br />of call for redemption may be given. <br />Nothing in this Bond Legislation is intended to prevent the <br />Company from delivering moneys to the Trustee pursuant to Section 4.6 of <br />the Agreement to be used to purchase or redeem Bonds in accordance with <br />that Section and the Trustee shall promptly apply such moneys at such <br />time as such moneys shall become Pledged Receipts to the purchase or <br />redemption of Bonds in accordance with the Company's instructions. <br />Section 8. Additional Bonds. The Issuer at the re uest of <br />the Company with the written consent <br />then in default under the Agreement, <br />for purposes consistent with the Act <br />time to time to provide for: <br />? q <br />of the Bank, if the Company is not <br />to the extent permitted by law and <br />may issue Additional Bonds from <br />(a) completion of the Project, or major repairs to the Project <br />arising from damage, destruction or casualty, or <br />(b) the acquisition for the Project of additional real prop- <br />erty or interests therein within the boundaries of the <br />Issuer or the acquisition, construction, enlargement, <br />improvement, equipping and furnishing of property to be <br />used in connection with the Project, or any combination <br />thereof, or <br />(c) refunding outstanding Bonds, or <br />(d) any combination of the above; <br />provided, that the proceeds of any Additional Bonds shall be used by the <br />Company solely to pay permissible costs under the Act and that the <br />issuance of such Additional Bnnds shall not result in the interest on <br />the Bonds outstanding immediately prior to such issuance becoming sub- <br />ject to federal income taxation and that any such Additional Bonds shall <br />be secured by additional letters of credit in the same manner as the <br />Project Bonds. Such Additional Bonds shall be on a parity with the <br />Project Bonds and any. Additional Bonds theretofore or thereafter issued. <br />Before any Additional*Bonds are authenticated there shall tie delivered <br />to the Trustee the items required by Section 2.08 of the Indenture and <br />any necessary amendment of the Agreement to provide for increased Loan <br />Psyments so that the aggregate of the Loan Payments thereafter payable <br />under the Agreement shall be sufficient in amount to make all required <br />payments into the Bond Fund in order to pay out of Pledged Receipts when <br />due Bond service charges on all Bonds then to be outstanding, and for <br />all Additional Payments (as defined in the Agreement) by the Company <br />under the provisions of the Agreement and the Bond Legislation. <br />BR-15
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