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2024-09-01
CITY-OF-BATESVILLE
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2024-09-01
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(g) To maintain and operate the Issuer's water facilities in a sound and <br /> economical manner and in accordance with standards as may be required or prescribed by federal, <br /> state,or local regulatory agencies; <br /> (h) To obtain review and make a determination that the Project is in compliance <br /> with the Arkansas Water Plan;and <br /> (i) To comply with the federal requirements set forth in Exhibit D attached <br /> hereto unless such requirements are waived by the Commission and the Environmental Protection <br /> Agency. (For purposes of Exhibit D,the term"Borrower"therein shall have the same meaning as <br /> the term"Issuer"herein.) <br /> 12. The Issuer covenants and agrees with the Authority as follows: <br /> (a) For purposes of this paragraph,the following terms shall have the meanings <br /> set forth below. <br /> "Financial Obligation"shall mean a <br /> (i) debt obligation; <br /> (ii) derivative instrument entered into in connection with, or <br /> pledged as security or a source of payment for,an existing or planned debt <br /> obligation;or <br /> (iii) guarantee of obligations described in(i)or(ii). <br /> The term Financial Obligation shall not include municipal securities as to <br /> which a final official statement has been provided to the Municipal Securities <br /> Rulemaking Board consistent with Rule 150-12. <br /> "Rule 15c2-12" shall mean Rule 15c2-12 adopted by the Securities and <br /> Exchange Commission under the Securities Exchange Act of 1934, as the same <br /> may be amended from time to time(17 C.F.R.,Part 240§240.15c2-12). <br /> "Obligated Person"shall mean any person who is committed by contract or <br /> other arrangement to support payments in a sum equal to twenty percent(20%)or <br /> more of the aggregate payments of the loans,including the Bond,which comprise <br /> the Revolving Loan Funds administered by the Authority,and which are pledged <br /> as security for ADFA Bonds. <br /> (b) If,during any fiscal year of the Authority,the outstanding obligations of the <br /> Issuer under the terms of the Bond shall cause the Issuer to be deemed an Obligated Person,and <br /> unless in the opinion of bond counsel for the ADFA Bonds an exemption from Rule 15c2-12 is <br /> then available,the Issuer shall,upon notice from the Authority,within 120 days after the close of <br /> each fiscal year of the Authority,furnish the Authority(i)a copy of the latest financial statements <br /> of the Issuer(or the System if separately audited)prepared in accordance with generally accepted <br /> government accounting standards and audited by its independent auditors(or,if not available as <br /> 6 <br />
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