Common use of Additional Bonds Clause in Contracts

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 20 Bonds and any outstanding, tax-exempt Additional Bonds becoming includable in the gross income of the owners thereof for federal income tax purposes.

Appears in 2 contracts

Sources: Trust Indenture, Trust Indenture

Additional Bonds. (a) Additional Bonds may be issuedissued under and secured by this Indenture at one time or from time to time, notwithstanding anything herein in addition to the contrarySeries 1997 Bonds and, on a parity with the 20 Bonds and any other Bonds then outstanding subject to the terms conditions hereinafter provided in this Section 2.10, for the purposes set forth in Section 4.5 of the Loan Agreement. Such Additional Bonds shall be dated, shall be stated to mature on such date and limitations in such year or years, shall bear interest at such rate or rates, and may be made redeemable at such times and prices, all as may be provided by the supplemental indenture authorizing the issuance of this sectionsuch Additional Bonds. Additional Bonds may be issued as taxable or tax exempt. Such Additional Bonds shall be executed substantially in the form and manner hereinabove set forth and shall be deposited with the Trustee for authentication, to finance or refinance but before such Additional Bonds shall be authenticated and delivered by the acquisition or construction of improvements Trustee, there shall be delivered to the Leased PremisesTrustee the following: (a) A written statement by the Company approving the terms, or to refund any conditions, manner of issuance, delivery and contemplated disposition of the proceeds of the sale of such Additional Bonds and agreeing that the amounts payable under Section 4.2 of the Loan Agreement shall be computed so as to include such Additional 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 Original executed counterparts of the Authority, of an amendment to the Lease, or a new lease agreement, between the Authority Loan Agreement and the Commission, which requires the Commission to pay supplemental indenture. (c) An Opinion of bond counsel 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 effect that the Additional Bonds can be amortized, along with have been validly issued under 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 that all requirements under the supplemental indenture precedent to the delivery of the Additional Bonds;Bonds have been satisfied. (5d) a A request and authorization to the Registrar Trustee on behalf of the City and signed by an authorized officer of the Authority to authenticate and deliver such Additional Bonds to or as directed by the purchaser or purchasers therein identified identified, registered in the names and in the denominations specified to the Trustee by the purchaser or purchasers, upon payment to the Trustee Trustee, but for the account of the purchase price City, of a sum specified in such request and authorization plus accrued interest interest, if any, on such Additional Bonds to the date of delivery, as specified in . The proceeds of 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 shall be paid over to the 20 Bonds Trustee and any outstanding, tax-exempt Additional Bonds becoming includable applied as provided in the gross income of the owners thereof for federal income tax purposessupplemental indenture authorizing their issuance.

Appears in 1 contract

Sources: Credit and Reimbursement Agreement (Centerpoint Properties Trust)

Additional Bonds. To the extent necessary to provide funds to pay the cost of constructing or acquiring additions, extensions and improvements to said Airport System (a) each being referred to herein as an “Airport System Project”), Additional Bonds may be issuedissued under and secured by this Trust Agreement, notwithstanding anything herein at one time or from time to time, in addition to the contraryBonds issued under the provisions of Section 2.10 of this Article. Such Additional Bonds shall be dated, on shall bear interest at a parity rate or rates not exceeding the legal rate, and shall mature in such years and amounts, all as shall be hereafter determined by resolution of the Authority and specified in the supplemental trust agreement entered into in connection with the 20 issuance of such Additional Bonds. Such Additional Bonds shall be executed substantially in the form and any other Bonds then outstanding subject manner herein set forth, with such changes as may be necessary or appropriate to conform 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 provisions of the resolution authorizing the issuance of such Additional Bonds. (b) Upon , and deposited with the execution and delivery of an appropriate supplement to this IndentureTrustee for authentication, the Authority shall execute and deliver to the Registrar and the Registrar shall authenticate but before such Additional Bonds shall be authenticated and deliver them as may be directed in writing delivered 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 BondsTrustee, there shall be filed with the TrusteeTrustee the following: (1a) A certified copy of a copyresolution adopted by the Authority, certified by the Secretary-Treasurer Secretary of the Authority, authorizing the issuance 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; (2b) an executed counterpart A certified copy 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 resolution adopted 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 copyAuthority, certified by the Secretary-Treasurer Secretary of the Authority, awarding such Additional Bonds, specifying the interest rate or rates of such Additional Bonds and directing the resolution, adopted by the board of directors of the Authority, authorizing the execution authentication 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 or upon the order of the purchasers therein identified named upon payment to the Trustee of the purchase price plus accrued interest therein set forth; (c) [Intentionally Deleted.] (d) [Intentionally Deleted.] (e) [Intentionally Deleted.] (f) Certificates, to be executed respectively by the Trustee and the Authority with respect to the funds and accounts held by each, stating that all payments into the Sinking Fund, the Reserve Fund and the Operation and Maintenance Fund have been made in full, as required by this Trust Agreement to the date of deliverydelivery of such Additional Bonds, as specified that such accounts are current, and that there are no deficiencies in the request amounts required to be on deposit therein. The Authority shall also certify that all payments into the various other Funds and authorizationAccounts herein provided for have been made in full as required by this Trust Agreement to the date of delivery of the Additional Bonds or, if any such deficiency exists, a statement by the Authority that (i) such funds and accounts were fully funded as of the last day of the prior Fiscal Year and (ii) the Authority has made arrangements through proposed rate increases, cost reductions or otherwise, to cause such funds and accounts to be fully funded and current as of the last day of the current Fiscal Year; (g) An opinion of counsel for the Authority stating that the signer is of the opinion that the issuance of such Additional Bonds has been duly authorized, that all conditions precedent to the delivery of such Additional Bonds has been fulfilled, and that said Additional Bonds have been duly sold in accordance with all requirements of Florida law; and (6h) 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 20 Bonds and any outstanding, tax-exempt Additional Bonds becoming includable in the gross income Either of the owners thereof for federal income tax purposes.following:

Appears in 1 contract

Sources: Trust Agreement

Additional Bonds. (a) Additional Bonds may be issued, notwithstanding anything herein to the contrary, on a parity with the 20 2020 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 LeaseLeases, 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 Leases 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 2020 Bonds, from lease rental payments pursuant to the LeaseLeases; (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 20 2020 Bonds and any outstanding, outstanding tax-exempt Additional Bonds becoming includable in the gross income of the owners thereof for federal income tax purposes.

Appears in 1 contract

Sources: Trust Indenture

Additional Bonds. (a) Additional Bonds may be issued, notwithstanding anything herein to the contrary, on a parity with the 20 2023 Bonds and any other Bonds then outstanding subject to the terms and limitations of this section. So long as any contractor, subcontractor, materialman or laborer is asserting a claim against the Corporation or against the Premises, Additional Bonds may only be issued to finance pay such claim or refinance judgment based upon such claim and costs and expenses related thereto, including court costs and attorney’s fees. If no such claim is asserted against the acquisition Corporation during the applicable statutory period for asserting such claims, or construction if any such claim is appropriately reserved against, Additional Bonds may also be issued to pay the costs of improvements to the Leased Premises, Premises or to refund finance a partial or total refunding of any of the Bonds. (b) . Additional Bonds shall be limited to amounts which can be repaid, along with the 2023 Bonds, from lease rentals paid by the County pursuant to the Lease. The lease rental pursuant to the Lease is limited as stated therein. Upon the execution and delivery of an appropriate supplement to this Indenture, the Authority Corporation 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 AuthorityCorporation. 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 bond, and any other appropriate terms. Prior to the delivery by the Registrar of any Additional Bonds, Bonds there shall be filed with the Trustee: (1) : a copy, certified by the Secretary-Treasurer secretary 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 AuthorityCorporation, of the resolution, adopted by the board of directors of the AuthorityCorporation, authorizing the execution and delivery of such the supplemental indenture and such Additional Bonds; (5) ; a request and authorization to the Registrar by an officer of the Authority Corporation 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 an independent public accountant, supported by appropriate calculations, stating that the Additional Bonds can be amortized, along with the 2023 Bonds, from lease rental payments pursuant to the Lease; and an opinion of nationally recognized bond counsel to the effect that the issuance and sale of such the Additional Bonds will not result in interest on the 20 2023 Bonds and any outstanding, tax-exempt outstanding Additional Bonds becoming includable in the gross income of the owners thereof for federal income tax purposes.

Appears in 1 contract

Sources: Trust Indenture

Additional Bonds. (a) The Issuer will not issue any other bonds or obligations having a lien on the Trust Estate except for Additional Bonds issued pursuant to this Section [and Section of the Agreement]. Additional Bonds may be issued, notwithstanding anything herein to issued and the contrary, on a parity Trustee shall [authenticate and] deliver such Additional Bonds when there have been filed with it the 20 Bonds and any other Bonds then outstanding subject to following: (a) A copy certified by 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 Attesting Officer of the Bonds. Issuer of the Bond Legislation authorizing (b1) Upon the execution and delivery of an appropriate supplement to this Indenture, the Authority shall execute and deliver any amendments to the Registrar and the Registrar shall authenticate such Additional Bonds and deliver them as may be directed in writing Loan Documents required by the Authority. The supplemental indenture shall specify, as to the issuance of such Additional Bonds, (2) the designationexecution and delivery of a supplemental indenture providing for, among other things, the date, denominations, numberingrate or rates of interest on, interest rate or ratespayment dates, maturities, maturity dates and redemption provisions, if any, payment provisions, the form provisions of bond and any other appropriate terms. Prior to the delivery by the Registrar of any such Additional Bonds, there shall be filed with and (3) the Trustee: (1) a copyissuance, certified by the Secretary-Treasurer sale, execution and delivery 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; (2b) an An original executed counterpart of such the 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; (3c) a report Original executed counterparts of any amendments 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 supplements to the LeaseAgreement [and the Note]; (4d) a copy, certified by the Secretary-Treasurer An opinion 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 Counsel to the Registrar by an officer of the Authority to authenticate and deliver such Additional Bonds Borrower, addressed to the purchasers therein identified upon payment to Issuer, the Trustee of the purchase price plus accrued interest to the date of deliveryand Bond Counsel, as specified in the request and authorization; and (6) an opinion of nationally recognized bond counsel to the effect that the amendments to the Loan Documents have been duly authorized, executed and delivered by the Borrower and are enforceable against the Borrower, subject to bankruptcy and equitable principles; (e) An opinion or opinions of Bond Counsel, addressed to the Issuer and the Trustee, to the effect that issuance of the Additional Bonds is permitted under this Indenture, the supplemental indenture and sale the Additional Bonds have each been validly authorized, are binding and enforceable against the Issuer, subject to bankruptcy and equitable principles, the issuance of such the Additional Bonds has been duly authorized, [interest on the Additional Bonds is not included in gross income for federal income tax purposes under the Code] [and is exempt from income taxation by the State of [NAME OF STATE]], and issuance of the Additional Bonds will not result in adversely affect the income tax status of interest on Bonds Outstanding; (f) A request and authorization of the 20 Bonds Issuer, signed by its Executive, to the Trustee to authenticate and any outstanding, tax-exempt deliver the Additional Bonds becoming includable to such person or persons named therein after confirmation of payment to the Trustee for the account of the Issuer of a specified sum with directions as to the disposition of such of such sum; and (g) A certificate of the Issuer, signed by its Executive, that the Issuer is not in default under this Indenture, and evidence satisfactory to the Trustee that upon issuance of the Additional Bonds amounts will be deposited in the gross income Funds hereunder adequate for the necessary balances therein after issuance of the owners Additional Bonds. Simultaneously with the delivery of the Initial Bonds, the Trustee shall apply, or arrange for the application of, the proceeds thereof for federal income tax purposesin accordance with an Officer’s Certificate of the Issuer dated the Issue Date.

Appears in 1 contract

Sources: Trust Indenture

Additional Bonds. (a) Additional Bonds may be issued, notwithstanding anything herein to the contrary, on a parity with the 20 2020 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 2020 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 20 2020 Bonds and any outstanding, tax-exempt Additional Bonds becoming includable in the gross income of the owners thereof for federal income tax purposes.

Appears in 1 contract

Sources: Trust Indenture

Additional Bonds. (a) Additional Bonds may be issued, notwithstanding anything herein to the contrary, on a parity with the 20 2023 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 any portion of the Leased PremisesProject, or to refund any of the 2023 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 Secretary 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 2023 Bonds, from lease rental payments pursuant to the Lease; (4) a copy, certified by the Secretary-Treasurer Secretary of the Authority, of the resolution, adopted by the board of directors members 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 20 2023 Bonds and any outstanding, tax-exempt Additional Bonds becoming includable in the gross income of the owners thereof for federal income tax purposes.

Appears in 1 contract

Sources: Trust Indenture

Additional Bonds. (a) The Authority shall have the right from time to time to issue Additional Bonds, including Long Term Bonds and Interim Indebtedness, for the purposes only of (i) providing moneys to finance Improvements, (ii) providing additional moneys, if necessary, to complete any Improvement for which Bonds have been issued, (iii) refunding and advance refunding for any lawful purpose any Outstanding Bonds or Subordinated Obligations, or (iv) any combination of (i), (ii) or (iii). The proceeds from the sale of Additional Bonds may shall be issued, notwithstanding anything herein allocated and deposited in the Funds in the manner provided in the Bond Proceedings relating to the contrary, those Additional Bonds. Those Additional Bonds shall be on a parity with the 20 Series 2019 Bonds and any other Additional Bonds then outstanding subject theretofore or thereafter issued as to the terms and limitations security of this sectionCFC Master Trust Agreement and the pledge of the Pledged Revenues and the Pledged Funds (except as otherwise provided or authorized in this CFC Master Trust Agreement, and except as to finance any provision made under Section 2.11 or refinance the acquisition or construction 3.04) to provide for payment of improvements to the Leased Premises, or to refund any of Debt Service Charges on 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 initial authentication of any Additional Bonds, there the Authority shall be filed with have furnished either of the following to the Trustee: (1i) A certificate of 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 Consultant to the effect that the CFC Revenues expected to be collected by the Authority during the Period of Review, adjusted to reflect, if necessary, rates of CFCs approved by the Authority before the issuance of those Additional Bonds, will aggregate in an amount not less than the sum of (A) One hundred percent (100%) of the amounts required by Section 5.03 to be deposited into the CFC Debt Service Reserve Fund, the CFC Debt Service Coverage Fund, the CFC Administrative Costs Fund and the CFC Renewal and Replacement Fund in each Fiscal Year of the Period of Review plus (B) One hundred twenty-five percent (125%) of the maximum amount required to be paid as Debt Service Charges in each Fiscal Year of the Period of Review on account of all Bonds then Outstanding, including the Additional Bonds proposed to be issued, (ii) A certificate of the Chief Financial Officer to the effect that the CFC Revenues, during the Most Recent Audit Year, adjusted to reflect, if necessary, rates of CFCs approved by the Authority before the issuance of those Additional Bonds, will aggregate in an amount not less than the sum of (A) One hundred percent (100%) of the amounts required by Section 5.03 to have been deposited into the CFC Debt Service Reserve Fund, the CFC Debt Service Coverage Fund, the CFC Administrative Costs Fund and the CFC Renewal and Replacement Fund during such Most Recent Audit Year plus (B) One hundred twenty-five percent (125%) of the maximum amount required to be paid as Debt Service Charges in the then current or any succeeding Fiscal Year on account of all Bonds then Outstanding, including the Additional Bonds proposed to be issued. However, notwithstanding the foregoing, Additional Bonds may be issued to provide for the completion of any Improvement if the principal amount of the Additional Bonds for the purpose does not exceed 10% of the total cost of that Improvement, or to refund or advance refund Bonds if the Debt Service Charge requirements for the Additional Bonds do not exceed by more than 5% in any Fiscal Year the Debt Service Charge requirements in the same Fiscal Year on the Bonds being refunded, in each case without the necessity of the written statement by the Consultant or certification by the Chief Financial Officer as otherwise required under this paragraph (b). (iii) If the Additional Bonds are in whole or in part to refund or advance refund any Outstanding Bonds or Subordinated Obligations, evidence satisfactory to the Trustee that either: (A) Provision has been made to assure that moneys sufficient to retire the Bonds or the Subordinated Obligations to be refunded will be available in the possession of the Trustee, in accordance with, as applicable, this CFC Master Trust Agreement, at the time provided for retirement thereof under the plan for refunding, and are committed to that purpose, (B) If the Additional Bonds are in whole or in part to refund Outstanding Bonds or Subordinated Obligations which at the time of issuance of the Additional Bonds will not be deemed to have been paid and discharged under this CFC Master Trust Agreement, or an applicable Subordinated Obligations Trust Agreement, money sufficient to pay interest accrued and to accrue and any principal payable on such Additional Bonds prior to the retirement of the refunded Bonds or Subordinated Obligations has been deposited in the CFC Debt Service Fund or the Subordinated Obligations Debt Service Account, respectively, without impairment of any provision or covenant of this CFC Master Trust Agreement or of the Bond Legislation or CFC Supplemental Trust Agreement authorizing the issuance of Additional Bonds, or the Subordinated Obligations Trust Agreement authorizing the issuance of the Subordinated Obligations, and from appropriate sources other than the CFC Revenue Fund and the CFC Debt Service Reserve Fund, or the Subordinated Obligations Debt Service Account in the case of any Subordinated Obligations, except to the extent of any money in those funds in excess of the balances required to be maintained in them under the provisions of this CFC Master Trust Agreement (the transfer of which excess money for such purpose is hereby authorized) or an applicable Subordinated Obligations Trust Agreement or will be deposited directly in the CFC Debt Service Fund or the Subordinated Obligations Debt Service Account, respectively, from appropriate portions of the proceeds from the sale of such Additional Bonds pursuant to the related Bond Legislation and CFC Supplemental Trust Agreement. (c) In the event any Bonds Outstanding are or any proposed series of Bonds are to be Balloon Bonds, then Debt Service Charges on such Balloon Bonds shall be deemed to be calculated for purposes of Sections 2.05 and 4.02, whether for any period prior to or after the date of calculation, as follows: (i) If such Balloon Bonds are not Capital Appreciation Bonds, by assuming that such Bonds will not result in interest be amortized on the 20 basis of level debt service over the Assumed Amortization Period beginning on the date on which principal on the Balloon Bonds is payable and that such Bonds bear interest at the Assumed Interest Rate. (ii) If such Balloon Bonds are Capital Appreciation Bonds, by assuming that the Compound Accreted Amount of such Bonds at maturity is to be amortized on the basis of level principal payments over the Assumed Amortization Period. (d) In the event any Bonds Outstanding are or any proposed series of Bonds are to be Variable Rate Additional Bonds, then Debt Service Charges on such Variable Rate Additional Bonds shall be deemed to be calculated for purposes of Sections 2.05 and 4.02, whether for any period prior to or after the date of calculation, by assuming that such Bonds will be amortized on the basis of level debt service over the Assumed Amortization Period beginning on the date on which principal on the Variable Rate Additional Bonds is payable and that such Bonds bear interest at the Variable Rate Debt Interest Rate. (e) In making the calculation for purposes of the written statements of the Consultant or the certificate of the Chief Financial Officer under Subsection (b) above, in the case of the issuance of Additional Bonds to refund or advance refund any Outstanding Bonds and any outstandingprovided that such Outstanding Bonds to be refunded or advance refunded have been defeased in accordance with Article IX hereof, tax-exempt payments into the CFC Debt Service Fund on account of Debt Service Charge requirements on the Additional Bonds becoming includable will be used in lieu of such payments on account of Debt Service Charge requirements on the gross income Bonds being refunded. (f) In making the calculation for purposes of the owners thereof written statements of the Consultant under Subsection (b) above, the Consultant may (i) assume that the rate of the levy of CFCs in effect on the date of issuance of such Series of Bonds will be in effect for federal income tax purposesthe entire forecast period, (ii) assume a higher rate to the extent the Authority has officially imposed an increase in CFCs prior to the date of the Consultant's report and (iii) take into account projected rental transactions days based in part on its projection of the growth in enplaned passengers within the Airport for the Period of Review, as reflected in an accompanying financial analysis provided in connection with the issuance of such Additional Bonds.

Appears in 1 contract

Sources: Customer Facility Charge Master Trust Agreement

Additional Bonds. (a) Subject to this Section 3.06, the Authority may from time to time issue one or more series of Additional Bonds may be issued, notwithstanding anything herein to the contrary, payable from and secured by Revenues on a parity with the 20 all other Outstanding Bonds. Bonds issued pursuant to this Section 3.06 shall be issued under and pursuant to a Supplemental Indenture which shall specify: (1) The maturity date or dates of such Additional Bonds, which shall be November 1 in any given year; (2) The interest payment dates, which shall be May 1 and November 1; (3) The terms, if any, for call and redemption of such Additional Bonds prior to maturity; and (4) The interest rate or rates on such Additional Bonds and any other Bonds then outstanding subject to matters deemed appropriate or necessary and not inconsistent with the terms and limitations provisions of this section, to finance or refinance the acquisition or construction of improvements to the Leased Premises, or to refund any of the BondsIndenture. (b) Upon All of the execution and delivery of an appropriate supplement to this Indenture, Additional Bonds shall be executed by the Authority shall execute for issuance under the Indenture and deliver delivered to the Registrar Trustee and the Registrar thereupon shall authenticate such Additional Bonds and deliver them as may be directed in writing delivered by the Authority. The supplemental indenture shall specify, as to Trustee upon the Additional Bonds, Request of 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 Authority but only upon receipt by the Registrar Trustee of any Additional Bonds, there shall be filed with the Trusteefollowing documents or money or securities: (1) a copy, A certified by the Secretary-Treasurer copy of the Authority, Supplemental Indenture authorizing the issuance 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 A Request of the Authority under such amendment as 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; (53) 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 An opinion of nationally recognized bond counsel Bond Counsel substantially to the effect that (i) the issuance Authority has the right and power under the Act to execute and deliver such Supplemental Indenture, and such Supplemental Indenture has been duly executed and delivered by the Authority, and the Indenture and such Supplemental Indentures are in full force and effect and are valid and binding upon the Authority and enforceable in accordance with their terms (except as enforcement may be limited by bankruptcy, insolvency, reorganization and other similar laws relating to the enforcement of creditors’ rights and similar qualifications); (ii) such Additional Bonds are valid and binding special obligations of the Authority, enforceable in accordance with their terms (except as enforcement may be limited by bankruptcy, insolvency, reorganization and other similar laws relating to the enforcement of creditors’ rights) and are subject to the terms of the Indenture and all Supplemental Indentures and entitled to the benefits of the Indenture and all such Supplemental Indentures and the Act, and such Additional Bonds have been duly and validly issued in accordance with the Act and the Indenture and all such Supplemental Indentures; and (iii) the obligation of the City to make the Base Rental Payments during the term of the Sublease as amended pursuant to subsection (b)(4) of this Section 3.06 is a valid and binding obligation of the City. (4) A Certificate of the Authority (i) certifying that the Authority is in compliance in all material respects with all agreement and covenants contained herein and that no Event of Default has occurred or is continuing; (ii) stating that the Authority and the City have entered into an amendment to the Sublease pursuant to which the City is obligated to make Base Rental Payments at times and in amounts sufficient to provide for payment of the principal of and interest on the Bonds (including such Additional Bonds) which will be Outstanding following the sale and delivery of such Additional Bonds will not result in interest on Bonds; (iii) stating that provisions have been made for the 20 Bonds and any outstandingdeposit into the Reserve Account of an amount, tax-exempt if any, necessary to increase the balance therein to the Reserve Requirement, as calculated at the time such Additional Bonds becoming includable in are issued; and (iv) containing such additional statements as may be reasonably necessary to show compliance with the gross income requirements of the owners thereof Indenture; (5) An executed copy of the amendment to the Sublease; and Such further documents, money and securities as are required by the provisions of the Indenture and the Supplemental Indenture providing for federal income tax purposesthe issuance of such Additional Bonds.

Appears in 1 contract

Sources: Indenture

Additional Bonds. To the extent necessary to provide funds to pay the cost of constructing or acquiring additions, extensions and improvements to said Airport System (a) each being referred to herein as an “Airport System Project”), Additional Bonds may be issuedissued under and secured by this Trust Agreement, notwithstanding anything herein at one time or from time to time, in addition to the contraryBonds issued under the provisions of Section 2.10 of this Article. Such Additional Bonds shall be dated, on shall bear interest at a parity rate or rates not exceeding the legal rate, and shall mature in such years and amounts, all as shall be hereafter determined by resolution of the Authority and specified in the supplemental trust agreement entered into in connection with the 20 issuance of such Additional Bonds.‌ Such Additional Bonds shall be executed substantially in the form and any other Bonds then outstanding subject manner herein set forth, with such changes as may be necessary or appropriate to conform 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 provisions of the resolution authorizing the issuance of such Additional Bonds. (b) Upon , and deposited with the execution and delivery of an appropriate supplement to this IndentureTrustee for authentication, the Authority shall execute and deliver to the Registrar and the Registrar shall authenticate but before such Additional Bonds shall be authenticated and deliver them as may be directed in writing delivered 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 BondsTrustee, there shall be filed with the TrusteeTrustee the following: (1a) A certified copy of a copyresolution adopted by the Authority, certified by the Secretary-Treasurer Secretary of the Authority, authorizing the issuance 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; (2b) an executed counterpart A certified copy 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 resolution adopted 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 copyAuthority, certified by the Secretary-Treasurer Secretary of the Authority, awarding such Additional Bonds, specifying the interest rate or rates of such Additional Bonds and directing the resolution, adopted by the board of directors of the Authority, authorizing the execution authentication 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 or upon the order of the purchasers therein identified named upon payment to the Trustee of the purchase price plus accrued interest therein set forth; (c) [Intentionally Deleted.] (d) [Intentionally Deleted.] (e) [Intentionally Deleted.] (f) Certificates, to be executed respectively by the Trustee and the Authority with respect to the funds and accounts held by each, stating that all payments into the Sinking Fund, the Reserve Fund and the Operation and Maintenance Fund have been made in full, as required by this Trust Agreement to the date of deliverydelivery of such Additional Bonds, as specified that such accounts are current, and that there are no deficiencies in the request amounts required to be on deposit therein. The Authority shall also certify that all payments into the various other Funds and authorizationAccounts herein provided for have been made in full as required by this Trust Agreement to the date of delivery of the Additional Bonds or, if any such deficiency exists, a statement by the Authority that (i) such funds and accounts were fully funded as of the last day of the prior Fiscal Year and (ii) the Authority has made arrangements through proposed rate increases, cost reductions or otherwise, to cause such funds and accounts to be fully funded and current as of the last day of the current Fiscal Year; (g) An opinion of counsel for the Authority stating that the signer is of the opinion that the issuance of such Additional Bonds has been duly authorized, that all conditions precedent to the delivery of such Additional Bonds has been fulfilled, and that said Additional Bonds have been duly sold in accordance with all requirements of Florida law; and (6h) 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 20 Bonds and any outstanding, tax-exempt Additional Bonds becoming includable in the gross income Either of the owners thereof for federal income tax purposes.following:

Appears in 1 contract

Sources: Trust Agreement

Additional Bonds. To the extent necessary to provide funds to pay the cost of constructing or acquiring additions, extensions and improvements to said Airport System (a) each being referred to herein as an “Airport System Project”), Additional Bonds may be issuedissued under and secured by this Trust Agreement, notwithstanding anything herein at one time or from time to time, in addition to the contraryBonds issued under the provisions of Section 2.10 of this Article. Such Additional Bonds shall be dated, on shall bear interest at a parity rate or rates not exceeding the legal rate, and shall mature in such years and amounts, all as shall be hereafter determined by resolution of the Authority and specified in the supplemental trust agreement entered into in connection with the 20 issuance of such Additional Bonds. Such Additional Bonds shall be executed substantially in the form and any other Bonds then outstanding subject manner herein set forth, with such changes as may be necessary or appropriate to conform 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 provisions of the resolution authorizing the issuance of such Additional Bonds. (b) Upon , and deposited with the execution and delivery of an appropriate supplement to this IndentureTrustee for authentication, the Authority shall execute and deliver to the Registrar and the Registrar shall authenticate but before such Additional Bonds shall be authenticated and deliver them as may be directed in writing delivered 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 BondsTrustee, there shall be filed with the TrusteeTrustee the following: (1a) A certified copy of a copyresolution adopted by the Authority, certified by the Secretary-Treasurer Secretary of the Authority, authorizing the issuance 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; (2b) an executed counterpart A certified copy 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 resolution adopted 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 copyAuthority, certified by the Secretary-Treasurer Secretary of the Authority, awarding such Additional Bonds, specifying the interest rate or rates of such Additional Bonds and directing the resolution, adopted by the board of directors of the Authority, authorizing the execution authentication 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 or upon the order of the purchasers therein identified named upon payment to the Trustee of the purchase price plus accrued interest therein set forth; (c) [Intentionally Deleted.] (d) [Intentionally Deleted.] (e) [Intentionally Deleted.] (f) Certificates, to be executed respectively by the Trustee and the Authority with respect to the funds and accounts held by each, stating that all payments into the Sinking Fund, the Reserve Fund and the Operation and Maintenance Fund have been made in full, as required by this Trust Agreement 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 delivery of such Additional Bonds will not result Bonds, that such accounts are current, and that there are no deficiencies in interest the amounts required to be on deposit therein. The Authority shall also certify that all payments into the 20 Bonds various other Funds and any outstanding, tax-exempt Accounts herein provided for have been made in full as required by this Trust Agreement to the date of delivery of the Additional Bonds becoming includable in or, if any such deficiency exists, a statement by the gross income Authority that (i) such funds and accounts were fully funded as of the owners thereof for federal income tax purposes.last day of the prior Fiscal Year and

Appears in 1 contract

Sources: Trust Agreement

Additional Bonds. (a) Additional Bonds may be issued, notwithstanding anything herein to the contrary, on a parity with the 20 2016 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 2016 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 20 2016 Bonds and any outstanding, outstanding tax-exempt Additional Bonds becoming includable in the gross income of the owners thereof for federal income tax purposes.

Appears in 1 contract

Sources: Trust Indenture