Authorization of the Bonds Sample Clauses
Authorization of the Bonds. The Bonds to be purchased by the Underwriters from the Company are in the form contemplated by the Mortgage Indenture, have been duly authorized for issuance and sale pursuant to this Agreement and the Mortgage Indenture and, at the Closing Date, will have been duly executed by the Company and, when authenticated in the manner provided for in the Mortgage Indenture and delivered against payment of the purchase price therefor, will be validly issued and delivered and will constitute valid and binding obligations of the Company, enforceable in accordance with their terms, except as the enforcement thereof may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or affecting enforcement of mortgagees’ or other creditors’ rights generally and except as enforcement thereof is subject to general principles of equity (regardless of whether enforcement is considered in a proceeding in equity or at law) and will be entitled to the benefits of the Mortgage Indenture.
Authorization of the Bonds. (A) For the purposes provided herein, Bonds of the Trust are hereby authorized to be issued from time to time in one or more Series without limitation as to amount except as provided in this Trust Agreement or as may be limited by law. All such Bonds shall be entitled “State Revolving Fund Bonds” and may be further designated either as “Senior” or as “Subordinate” and may also be further designated as set forth in the applicable Supplemental Resolution. The Bonds may, if and when authorized by the Trust pursuant to one or more Supplemental Trust Agreements, be issued in one or more Series, and the designation thereof may include such further or alternate appropriate designations added to or incorporated in such title for the Bonds of any particular Series as the Trust may determine. The Bonds shall not be general obligations of the Trust or a pledge of its full faith and credit, but shall be special obligations of the Trust secured solely as provided herein and payable solely from the funds, amounts and other rights and property available and pledged to such payments pursuant to Section 5.1 of this Trust Agreement and the applicable Supplemental Trust Agreement. The Bonds may be issued as Fixed Rate Bonds, Variable Rate Bonds, Tender Bonds, Capital Appreciation Bonds, Deferred Income Bonds or Discount Bonds or any combination thereof in accordance with applicable provisions set forth below and the applicable Supplemental Trust Agreement.
(B) The Trust may issue Bonds (“Fixed Rate Bonds”) hereunder which bear a fixed rate or rates of interest during the term thereof. The applicable Supplemental Trust Agreement shall specify the rate or rates of interest borne by such Fixed Rate Bonds and the Debt Service Payment Dates thereof.
(C) The Trust may issue Bonds (“Variable Rate Bonds”) hereunder which provide for a variable, adjustable, convertible or other similar rates of interest, not fixed as to percentage at the date of issue for the term thereof. The applicable Supplemental Trust Agreement shall specify:
(1) the method or methods for determining the interest rate borne by such Variable Rate Bonds and the frequency of change thereof;
(2) the maximum interest rate (the “Variable Rate Ceiling”) payable on such Variable Rate Bonds during the term thereof; and
(3) if deemed desirable by the Trust, provisions with respect to the conversion of such Variable Rate Bonds to Fixed Rate Bonds. The method or methods for determining the interest rate on Variable Rate Bon...
Authorization of the Bonds. The Bonds have been duly authorized and, at the Closing Time, will have been duly executed by the Company and, when authenticated, issued and delivered in the manner provided for in the First Mortgage Indenture, will constitute valid and binding obligations of the Company, enforceable against the Company in accordance with their terms, except as the enforcement thereof may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting enforcement of creditors' rights generally and except as enforcement thereof is subject to general principles of equity (regardless of whether enforcement is considered in a proceeding in equity or at law), and will be in the form contemplated by, and secured by the lien of and entitled to the benefits provided by, the First Mortgage Indenture.
Authorization of the Bonds. (a) The Bonds are authorized in the aggregate maximum principal amount of $55,000,000 for the purpose of providing funds to pay Project Costs, which Bonds shall be designated the “City of Olivette, Missouri, Taxable Industrial Revenue Bonds (1150 North Price, LLC Project), Series 2024.” The Bonds shall be dated as provided in Section 203(b), shall become due on December 1, 2027 (subject to prior redemption as provided in Article III) and shall bear interest as specified in Section 208(f), payable on the dates specified in Section 208(f).
(b) The Trustee is hereby designated as the Paying Agent. The Owners of a majority of Bonds then-Outstanding may designate a different Paying Agent upon written notice to the City and the Trustee.
(c) The Bonds shall be executed without material variance from the form and in the manner set forth in Exhibit C and delivered to the Trustee for authentication. Prior to or simultaneously with the authentication and delivery of the Bonds by the Trustee, there shall be filed with the Trustee the following:
Authorization of the Bonds. (a) There shall be issued and secured by this Indenture a series of Bonds in the aggregate maximum principal amount of $24,500,000 for the purpose of providing funds for paying the costs of the Project, which Bonds shall be designated "City of Olathe, Kansas Industrial Revenue Bonds (PacSun Project), Series 2007." The Bonds shall be dated as provided in SECTION 203(b) hereof, shall become due on January 1, 2018 (subject to prior redemption as hereinafter provided in ARTICLE III) and shall bear interest as specified in SECTION 208(e) hereof, payable on the dates specified in SECTION 208(e) hereof.
(b) The Trustee is hereby designated as the City's Paying Agent for the payment of the principal of and interest on the Bonds.
(c) The Bonds shall be executed without material variance from the form and in the manner set forth in ARTICLE IV hereof and delivered to the Trustee for authentication, but prior to or simultaneously with the authentication and delivery of the Bonds by the Trustee, there shall be filed with the Trustee the following:
(1) An original or certified copy of Ordinance No. 07-34 passed by the governing body of the City on May 1, 2007, authorizing the issuance of the Bonds and the execution of this Indenture and the Lease;
(2) An original executed counterpart of this Indenture;
(3) An original executed counterpart of the Lease;
(4) A request and authorization to the Trustee on behalf of the City, executed by the Authorized City Representative, to authenticate the Bonds and deliver the same to the purchaser identified in the Bond Purchase Agreement upon payment to the Trustee, for the account of the City, of the purchase price thereof specified in the Bond Purchase Agreement. The Trustee shall be entitled to conclusively rely upon such request and authorization as to names of the purchaser and the amount of such purchase price;
(5) An opinion of counsel nationally recognized on the subject of municipal bonds to the effect that the Bonds constitute valid and legally binding limited and special revenue obligations of the City; and
(6) Such other certificates, statements, receipts and documents as the City shall reasonably require for the delivery of the Bonds.
(d) When the documents specified in SUBSECTION (c) of this Section shall have been filed with the Trustee, and when the Bonds shall have been executed and authenticated as required by this Indenture, the Trustee shall deliver the Bonds to or upon the order of the purchaser thereof, but only u...
Authorization of the Bonds. The Company has duly authorized to issue and sell the Bonds on ▇▇▇▇▇▇ ▇, ▇▇▇▇ ▇▇▇ or such other date as may be agreed between the Company and the Investors (the “Issue Date”), pursuant to the terms and conditions as set forth herein.
Authorization of the Bonds. The Company has authorized the issue and sale of $140,000,000 aggregate principal amount of its First Mortgage Bonds, 4.78% Series Due 2052 (the “Bonds”). The Bonds will be issued under and in accordance with the Mortgage and Deed of Trust, dated as of July 1, 1946 (the “Original Mortgage”), executed and delivered by Portland Gas & Coke Company (now Northwest Natural Gas Company) to Deutsche Bank Trust Company Americas (formerly known as Bankers Trust Company), as corporate trustee (the corporate trustee hereinafter called the “Trustee”), as amended and supplemented by various supplemental indentures and other instruments including the Twenty-fourth Supplemental Indenture, to be dated as of a date within thirty (30) days prior to the issuance of the Bonds (such Twenty-fourth Supplemental Indenture being hereinafter called the “Supplemental Indenture,” and the Original Mortgage, as so amended and supplemented (including by the Supplemental Indenture) being hereinafter called the “Mortgage”). The Bonds shall be substantially in the form set out in Exhibit A to the Supplemental Indenture, with such changes therefrom, if any, as may be approved by the Purchasers and the Company. Certain capitalized and other terms used in this Agreement are defined in Schedule B to this Agreement and references to a “Schedule” or an “Exhibit” are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement.
Authorization of the Bonds. The City has reviewed all proceedings heretofore taken relative to the authorization of the Bonds and has found, as a result of such review, and hereby finds and determines that all acts, conditions and things required by law to exist, happen and be performed precedent to and in the issuance of the Bonds do exist, have happened and have been performed in due time, form and manner as required by the Act, and the City is now authorized, pursuant to each and every requirement of the Act and hereof, to issue the Bonds upon the security of the Unpaid Assessments in the form and manner provided herein, which Bonds shall be entitled to the benefit, protection and security of the provisions hereof.
Authorization of the Bonds. The Authority hereby authorizes the issuance of two Bonds to be designated (a) Economic Development Bond (Immunomedics, Inc. Project) Series 2003 A in a principal amount of $1,000,000, and (b) Economic Development Bond (Immunomedics, Inc. Project) Series 2003 B (Federally Taxable) in a principal amount of $5,376,000, in order to make the Loan. The Bond shall be a special and limited obligation of the Authority payable solely from amounts in the Funds and Accounts held under the Loan Documents.
Authorization of the Bonds. The Issuer has duly authorized the issuance and sale of $17,200,000 in principal amount of its Revenue Bonds (S▇▇▇▇▇▇▇▇ Farms, Inc. (Production Division) Project), Series 2006 (the “Bonds,” such term to include any such Bonds issued in substitution therefor pursuant to Section 10 of this Agreement). The Bonds shall be substantially in the form set out in Exhibit A, with such changes therefrom, if any, as may be approved by you and the Issuer. Certain capitalized terms used in this Agreement are defined in Section 15 of this Agreement; references to an “Exhibit” are, unless otherwise specified, to an Exhibit attached to this Agreement. Capitalized terms not otherwise defined herein shall be defined as forth in the Lease Agreement of even date (the “Lease Agreement”) between the Issuer and S▇▇▇▇▇▇▇▇ Farms, Inc. (Production Division) (the “Lessee”), a Mississippi corporation.