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2008-11-01
CITY-OF-BATESVILLE
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2008-11-01
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e a sum equal to the amount payable on such payment date as principal (whether at maturity, upon <br /> redemption or otherwise)of and interest on the Bonds as provided in the Indenture. Except as may <br /> be otherwise provided in any home office payment agreement entered into pursuant to the provisions <br /> of Section 214 of the Indenture, each payment made pursuant to this Section shall be made in <br /> immediately available funds at the principal corporate trust office of the Trustee during normal <br /> banking hours. <br /> In the event that the payment of the principal of and accrued interest on the Bonds is <br /> accelerated under Section 1002 of the Indenture,the Company covenants and agrees to pay,or cause <br /> to be paid, to the Trustee as provided above a sum equal to all the principal of and interest on the <br /> Bonds then outstanding. <br /> Each payment pursuant to this Section shall at all times be sufficient to pay the amount of <br /> principal(whether at maturity,upon redemption or otherwise)of and interest payable on the Bonds <br /> on the date that such payment is due;provided that Excess Bond Fund Moneys held by the Trustee <br /> in the Bond Fund on such date shall be credited against the payment due on such date. Subject to <br /> the provisions of the next succeeding sentence,if at any time the amount held by Trustee in the Bond <br /> Fund should be sufficient (and remain sufficient) to pay at the times required the principal of and <br /> interest on the Bonds then remaining unpaid,the Company shall not be obligated to make any further <br /> payments under the provisions of this Section. Notwithstanding the provisions of the preceding <br /> sentence,if on any date Excess Bond Fund Moneys held by Trustee in the Bond Fund are insufficient <br /> to make the then required payments ofprincipal(whether at maturity,upon redemption or otherwise) <br /> eof and interest on the Bonds on such date, the Company shall forthwith pay such deficiency as a <br /> payment hereunder. <br /> (b) The Company agrees to pay the fees,charges and reasonable and necessary expenses, <br /> including reasonable attorneys' fees, of the Trustee and any paying agent. <br /> (c) The Company agrees to pay or cause to be paid,promptly upon receipt of an invoice <br /> therefor (with reasonable supporting documentation) from the Issuer, as additional rent, the <br /> reasonable and necessary expenses incurred by the Issuer with respect to this Lease Agreement,the <br /> Indenture, and any transaction or event contemplated by this Lease Agreement or the Indenture, <br /> which are not otherwise required to be paid by the Company under the terms of this Lease <br /> Agreement. <br /> (d) In the event the Company should fail to make, or cause to be made, any of the <br /> payments required in this Section,the item or installment so in default shall continue as an obligation <br /> of the Company until the amount in default shall have been fully paid. <br /> Section 5.4. No Defense or Set-off-- Unconditional Obligation. The obligations of the <br /> Company to make the payments required in Section 5.3 hereof and to perforin and observe the other <br /> agreements on its part contained herein shall be absolute and unconditional, irrespective of any <br /> defense or any right of set-off,recoupment or counterclaim it might otherwise have against the Issuer <br /> e <br /> 13 <br />
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