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2024-09-01
CITY-OF-BATESVILLE
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2024-09-01
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5. The Issuer recognizes that the Authority and the Commission shall be under <br /> no obligation to provide any funds to the Issuer other than the proceeds of the Bond. If,for any <br /> reason, the Issuer does not utilize the entire Bond proceeds, then in such event the Principal <br /> Amount of the Bond will be reduced to the amount actually withdrawn. Any reduction of the Bond <br /> pursuant to this provision shall result in pro rata reductions of the remaining installments of <br /> principal so that the weighted average life of the Bond immediately following any such reduction <br /> shall be substantially equal to the weighted average life of the Bond immediately prior to such <br /> reduction. The Authority agrees to accept,or cause the registered owner of the Bond to accept,a <br /> new Bond from the Issuer reflecting the revised payment schedule. <br /> 6. Subject to the terns 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 /> advance 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 completed; <br /> (b) The Issuer may request reimbursement for costs not more often than <br /> monthly, provided,however,during the Project performance period requests for reimbursement <br /> shall be limited to quarterly; <br /> (c) Disbursements shall be for costs incurred prior to the Disbursement Cut-Off <br /> Date,and no Disbursements shall be made following the Disbursement Cut-Off Date; <br /> (d) Disbursements shall be made for eligible work called for in the engineering <br /> services contract and in the plans and specifications approved by the Commission and Bond <br /> issuance costs eligible under Title XV of the Rules of the Commission Governing Loans for the <br /> Safe Drinking Water Fund,as now or hereafter amended("Title XV Rules");and <br /> 3 <br />
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