Additional Bonds Clause Samples

Additional Bonds. (a) Additional Bonds may be issued, notwithstanding anything herein to the contrary, on a parity with the 20 Bonds and any other Bonds then outstanding subject to the terms and limitations of this section, to finance or refinance the acquisition or construction of improvements to the Leased Premises, or to refund any of the Bonds. (b) Upon the execution and delivery of an appropriate supplement to this Indenture, the Authority shall execute and deliver to the Registrar and the Registrar shall authenticate such Additional Bonds and deliver them as may be directed in writing by the Authority. The supplemental indenture shall specify, as to the Additional Bonds, the designation, date, denominations, numbering, interest rate or rates, maturities, redemption provisions, if any, payment provisions, the form of bond and any other appropriate terms. Prior to the delivery by the Registrar of any Additional Bonds, there shall be filed with the Trustee: (1) a copy, certified by the Secretary-Treasurer of the Authority, of an amendment to the Lease, or a new lease agreement, between the Authority and the Commission, which requires the Commission to pay to the Authority fixed annual rentals in an amount sufficient to pay the principal of and interest on such Additional Bonds; (2) an executed counterpart of such supplemental indenture, adding to the Trust Estate all rights, titles and interests of the Authority under such amendment to the Lease or such new lease agreement; (3) a report or a certificate prepared by an independent certified public accountant or an independent financial advisor selected by the Authority supported by appropriate calculations, stating that the Additional Bonds can be amortized, along with the 20 Bonds, from lease rental payments pursuant to the Lease; (4) a copy, certified by the Secretary-Treasurer of the Authority, of the resolution, adopted by the board of directors of the Authority, authorizing the execution and delivery of such supplemental indenture and such Additional Bonds; (5) a request and authorization to the Registrar by an officer of the Authority to authenticate and deliver such Additional Bonds to the purchasers therein identified upon payment to the Trustee of the purchase price plus accrued interest to the date of delivery, as specified in the request and authorization; and (6) an opinion of nationally recognized bond counsel to the effect that the issuance and sale of such Additional Bonds will not result in interest on the...

Additional Bonds. (a) Following the issuance by the Commission of any Subsequent Financing Order or pursuant to remaining authority under the Financing Order, the Issuer may, in its sole discretion but subject to the terms contained in this Section 3.19, acquire additional and separate “securitized property” (as defined in the Act) and issue an Additional Series under any such subsequent indenture that are backed by such separate additional securitized property. Any Additional Series may include terms and provisions unique to such Additional Series. (b) In addition to all applicable requirements set forth in any subsequent indenture for any Additional Series, the following conditions must be satisfied in connection with any issuance of an Additional Series: (i) Kentucky Power has existing authority under the Financing Order to issue additional securitized bonds or Kentucky Power requests and receives a Subsequent Financing Order from the Commission to recover additional securitized costs through the issuance of additional securitized bonds; (ii) Kentucky Power must serve as initial servicer and administrator for such Additional Series and that the servicer and the administrator cannot be replaced without the requisite approval of the holders of all Bonds then-Outstanding; (iii) satisfaction of the Rating Agency Condition; (iv) each Additional Series has recourse only to the securitized property created by the Financing Order or any Subsequent Financing Order, as the case may be, and funds on deposit in the trust accounts held by the trustee or securities intermediary under the indenture with respect to such Additional Series, is nonrecourse to the Cost Recovery Property securing the Bonds and does not constitute a claim against the Issuer if revenue from the securitized surcharges and funds on deposit in the trust accounts with respect to such Additional Series are insufficient to pay such other series in full; (v) the Issuer has provided to the Indenture Trustee and the Rating Agencies then rating any series of the Issuer’s Outstanding Bonds an Opinion of Counsel of a nationally recognized law firm experienced in such matters to the effect that such issuance would not result in the Issuer’s substantive consolidation with Kentucky Power and that there has been a true sale of the securitized property for such Additional Series, subject to the customary exceptions, qualifications and assumptions contained therein; (vi) transaction documentation for the Additional Series provi...

Additional Bonds. The Company may from time to time, without the consent of the Holders of the Bonds of the applicable series, create and issue further securities having the same terms and conditions as the Bonds of such series in all respects, except for the original issue date, offering price and, in some circumstances, the initial interest accrual date and initial interest payment date. Additional Bonds of each series issued in this manner will be consolidated with, and form a single series with, the Bonds of such series and shall thereafter be deemed Bonds of such series for all purposes.

Additional Bonds. So long as any of the Bonds remain Outstanding, the Authority shall not issue any Additional Bonds or obligations payable from the Base Rental Payments or other Lease Revenues, except pursuant to Sections 3.04 and 3.05 hereof.

Additional Bonds. The Trust Agreement provides that Additional Bonds may be issued within the limitations and provisions of the Trust Agreement. All Bonds issued within the limitations and provisions of the Trust Agreement shall be secured equally and ratably by the Revenues and other moneys pledged by the MDTA, to the extent provided in the Trust Agreement.

Additional Bonds. Subject to the provisions of Section 8 of the Bond Resolution for the Project Bonds, the Borrower and the Issuer agree that one or more series of Additional Bonds may be issued pursuant to the Indenture.

Additional Bonds. From time to time, the City may enter into (i) one or more other trust agreements or indentures and/or (ii) one or more agreements supplementing and/or amending this Trust Agreement, for the purpose of providing for the issuance of Additional Bonds to refund the Bonds or to refund all or any portion of any Unfunded Liability under the PERS Contract arising subsequent to the issuance of the Bonds or any other obligations due to PERS. Such Additional Bonds may be issued on a parity with the Bonds.

Additional Bonds. Additional series of bonds may be issued in the future as provided in the Indenture and the Facility Lease Agreement. If issued, such Additional Bonds may be entitled to certain benefits of the Indenture on a parity with the Series 1999A Bonds and all other series of Additional Bonds, to the extent provided in the Indenture. No Series 1999A Bondholder consent is required in connection with the issuance of Additional Bonds.

Additional Bonds. So long as the Company shall not be in default hereunder, and at the request of the Company, the Issuer may authorize and issue Additional Bonds in aggregate principal amounts specified from time to time by the Company in order to provide funds for the purpose of refunding the Series 2021 Bonds or any series of Additional Bonds, in whole or in part, or any combination thereof. Any such issuance of Additional Bonds shall be in accordance with the Indenture, including Sections 2.7 and 2.11