2011-06-03 - Laserfiche WebLink

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• (c) If moneys in the Revenue Fund are insufficient to make the required payment on or before the first business day of the following month into the 2011 ADFA Bond Fund, the amount of any such deficiency in the payment made shall be added to the amount otherwise required to be paid into the 2011 ADFA Bond Fund on the first business day of the next month. (d) When the moneys held in the 2011 ADFA Bond Fund which represent payments by the City and interest earnings thereon or proceeds of investments therefrom (collectively, "City Funds") shall be and remain sufficient to pay in full the principal of and interest on the Series 2011 Bond, the City shall not be obligated to make any further payments into the 2011 ADFA Bond Fund. (e) All moneys in the 2011 ADFA Bond Fund representing City Funds shall be used solely for the purpose of paying the principal of and interest on the Series 2011 Bond and the City shall automatically receive a credit for the amount of such City Funds on hand in the 2011 ADFA Bond Fund and available for the payment of any principal and interest currently due on an interest or principal payment date irrespective of whether the Bondholder has applied or caused to be applied such funds on that date for such purpose. The City shall receive a credit for all earnings and income derived from the investment of the City Funds each April 15 and October 15 and such earnings and income shall be credited against the next six monthly payments. • Section 6. After making the payments into the 2011 ADFA Bond Fund required by Section 5 hereof, into the 2010 ADFA Bond Fund and into the bond funds for any Additional Parity Bonds, there shall be paid from the Revenue Fund the Financing Fee to the Authority. The Financing Fee shall be payable on each date interest on the Series 2011 Bond is due and shall be calculated on the same basis as interest on the Series 2011 Bond. The payment of the Financing Fee is expressly made subordinate to the payment of the principal of and interest on the Series 2011 Bond, the Series 2010 Bond and any Additional Parity Bonds. Section 7. The City shall assure that (i) not in excess of 10% of the proceeds of the Series 2011 Bond is used for Private Business Use if, in addition, the payment of more than 10% of the principal or 10% of the interest due on the Series 2011 Bond during the term thereof is, under the terms of the Series 2011 Bond or any underlying arrangement, directly or indirectly secured by any interest in property used or to be used for a Private Business Use or in payments in respect of property used or to be used for a Private Business Use or is to be derived from payments, whether or not to the City, in respect of property or borrowed moneys used or to be used for a Private Business Use; and (ii) that, in the event that both (A) in excess of 5% of the proceeds of the Series 2011 Bond are used for a Private Business Use, and (B) an amount in excess of 5% of the principal or 5% of the interest due on the Series 2011 Bond during the term thereof is, under the terms of the Series 2011 Bond or any underlying arrangement, directly or indirectly, secured by any interest in property used or to be used for a Private Business Use or in payments in respect of property used or to be used for a Private Business Use or is to be derived from payments, whether or not to the City, in respect of property or borrowed money used or to • be used for a Private Business Use, then the excess over said 5% of proceeds of the Series 2011 7