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2011-06-03
CITY-OF-BATESVILLE
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2011-06-03
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Lin any extension of the date on which principal and interest payments are to be made on the Bond. <br /> The Bond shall be subject to redemption prior to maturity, shall be payable, and shall be as <br /> otherwise described in the Bond Ordinance. Interest on the Bond shall not be excludable from <br /> gross income for federal income tax purposes. <br /> 5. The Issuer recognizes that in the event the costs of the Project exceed the <br /> amount of the Bond, the Series 2010 Bond, the Additional Parity Bonds and the City's Water and <br /> Sewer Revenue Bond, Series 2010, the Authority and the Commission shall be under no obligation <br /> to provide any additional funds to the Issuer. If, for any reason, the Issuer does not utilize the entire <br /> Bond proceeds, then in such event the Principal Amount of the Bond will be reduced to the amount <br /> actually withdrawn. Any reduction of the Bond pursuant to this provision shall result in pro rata <br /> reductions of the remaining installments of principal so that the weighted average life of the Bond <br /> immediately following any such reduction shall be substantially equal to the weighted average life <br /> of the Bond immediately prior to such reduction. The Authority agrees to accept, or cause the <br /> registered owner of the Bond to accept, a new Bond from the Issuer reflecting the revised payment <br /> schedule. <br /> 6. Subject to the terms and conditions and upon the basis of the representations <br /> herein set forth, the Authority hereby agrees to purchase the Bond from the Issuer in installments <br /> from time to time from moneys in the Revolving Loan Fund in an amount up to the Principal <br /> Amount, and the Issuer hereby agrees to sell the Bond to the Authority at a price of 100 percent of <br /> the Principal Amount of the Bond purchased from time to time. The purchase price for the Bond <br /> shall be paid in a series of advances in accordance with the provisions of paragraph 7. The initial <br /> Ladvance of the purchase price shall take place at the Closing. At the Closing, the Issuer will <br /> deliver, or cause to be delivered, to the Authority a single typewritten bond, duly executed and <br /> authenticated, together with the other documents herein required, and the Authority will accept <br /> delivery and make the initial advance of the purchase price of the Bond by wire transfer of <br /> immediately available funds or by certified or official bank cashier's check as directed by the <br /> Issuer. If the Closing and the initial advance do not occur within 180 days from the date hereof, <br /> then the Authority's obligation to purchase the Bond is terminated. <br /> 7. So long as the Issuer is in compliance with the terms and provisions of this <br /> Agreement and the Bond Ordinance and the representations and warranties of the Issuer made <br /> herein remain true and correct, the Authority agrees to make, and the Commission agrees to <br /> approve advances of the purchase price of the Bond ("Disbursements") from moneys in the <br /> Revolving Loan Fund as follows: <br /> (a) Disbursements shall only be made based upon actual work <br /> completed; <br /> (b) The Issuer may request reimbursement for costs not more often <br /> than monthly, provided, however, during the Project performance period requests <br /> for reimbursement shall be limited to quarterly; <br /> 3 <br />
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