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2008-11-01
CITY-OF-BATESVILLE
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2008-11-01
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ARTICLE VI <br /> APPLICATION OF PROCEEDS OF BONDS <br /> Section 601. Deposits Into the Construction Fund. All moneys received by the Trustee <br /> from the Purchaser as Advances on the Bond shall be deposited in a special account of the Issuer in <br /> the Trustee, which account shall be designated "City of Batesville, Arkansas Taxable Industrial <br /> Development Revenue Bond Construction Fund - Scroll Compressors LLC Project" (the <br /> "Construction Fund"). <br /> Section 602. Disbursements From Construction Fund. Moneys in the Construction Fund <br /> shall be disbursed by the Trustee to the Company(or to its order)for Project Costs(as defined in the <br /> Lease Agreement). Such disbursements shall be in accordance with and pursuant to requisitions <br /> which shall be signed by a Company Representative. Each requisition shall be in substantially the <br /> form attached as Exhibit D hereto and shall specify: <br /> (a) The name of the person,firm,corporation or bank to whom payment is to be <br /> made; <br /> (b) The amount of the payment; <br /> (c) The purpose of the expenditure; and <br /> • (d) That the disbursement is for a proper item of Project Costs(as defined in the <br /> Lease Agreement). <br /> The Trustee shall keep records concerning and reflecting all disbursements from the <br /> Construction Fund and shall file an accounting of disbursements if and when requested by the Issuer, <br /> the Company, or the Purchaser. <br /> Section 603. Balance in Construction Fund. Upon receipt of the certificate specified in <br /> Section 3.4 of the Lease Agreement, the Trustee shall not accept any further requisitions pursuant <br /> to Section 602 hereof,but shall retain in the Construction Fund a sum equal to the amounts necessary <br /> for payment of the Project Costs not then due and payable as directed by a Company Representative. <br /> Any amount not to be retained in the Construction Fund for payment of Project Costs shall be used <br /> to prepay the Bonds. <br /> 19 <br />
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