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2008-11-01
CITY-OF-BATESVILLE
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2008-11-01
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• ARTICLE IV <br /> GENERAL COVENANTS <br /> Section 401. Payment of Principal and Interest. The Issuer covenants that it will promptly <br /> pay or cause to be paid the principal of and interest on every Bond issued under this Indenture at the <br /> place, on the dates and in the manner provided herein and in the Bond according to the true intent <br /> and meaning thereof. The principal and interest(except interest paid from the proceeds from the sale <br /> of the Bonds and accrued interest) are payable solely from the Trust Estate (including, without <br /> limitation,Revenues),which is hereby specificallypledged to the payment thereof in the manner and <br /> to the extent herein specified, and nothing in the Bonds or this Indenture should be considered as <br /> assigning or pledging any funds or assets of the Issuer other than the Trust Estate in the manner and <br /> to the extent herein specified. Anything in this Indenture to the contrary notwithstanding, it is <br /> understood that whenever the Issuer makes any covenants involving financial commitments, <br /> including,without limitation,those in the various sections of this Article IV, it pledges no funds or <br /> assets other than the Trust Estate in the manner and to the extent herein specified,but nothing herein <br /> shall be construed as prohibiting the Issuer from using any other funds or assets. <br /> Section 402. Performance of Covenants. The Issuer covenants that it will faithfully <br /> perform at all times any and all covenants,undertakings,stipulations and provisions contained in this <br /> Indenture, in any and every Bond executed, authenticated and delivered hereunder and in all <br /> ordinances pertaining thereto. The Issuer covenants that it is duly authorized under the Constitution <br /> • and laws of the State of Arkansas, including particularly and without limitation the Act, to issue <br /> Bonds authorized hereby and to execute this Indenture and to make the pledge and covenants in the <br /> manner and to the extent herein set forth;that all action on its part for the issuance of the Bonds and <br /> the execution and delivery of this Indenture has been duly and effectively taken; and that the Bonds <br /> in the hands of the holders and owners thereof are and will be valid and enforceable obligations of <br /> the Issuer according to the import thereof. <br /> Section 403. Instruments of Further Assurance. The Issuer covenants that it will do, <br /> execute,acknowledge and deliver or cause to be done,executed,acknowledged and delivered,such <br /> indenture or indentures supplemental hereto and such further acts, instruments and transfers as the <br /> Trustee may reasonably require for the better assuring,transferring,mortgaging,pledging,assigning <br /> and confirming unto the Trustee the Trust Estate. <br /> Section 404. Recordation and Other Instruments. The Companyhas covenanted in Section <br /> 6.7 of the Lease Agreement to cause this Indenture,the Lease Agreement,such security agreements, <br /> financing statements and all supplements thereto and other instruments as maybe required from time <br /> to time to be kept,to be recorded and filed in such manner and in such places as may be required by <br /> law and in the opinion of counsel in order to fully preserve and protect the security of the holders <br /> and owners of the Bonds and the rights of Trustee hereunder, and to perfect the security interest <br /> created by this Indenture. The Issuer and the Trustee covenant that they will cooperate with the <br /> Company in satisfaction of the requirements of Section 6.7 of the Lease Agreement. <br /> 15 <br />
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