Common use of Issuance of Additional Bonds Clause in Contracts

Issuance of Additional Bonds. At the request of an Authorized Representative of the Company, the Issuer shall, to the extent permitted by law, authorize the issuance of Additional Bonds upon the terms and conditions provided herein and in Section 2.14 of the Indenture. Additional Bonds may be issued to provide funds to pay (i) the costs of refunding any Outstanding Bonds and (ii) the costs of the issuance and sale of the Additional Bonds and capitalized interest and other costs reasonably related to the financing, PROVIDED THAT (1) such Additional Bonds shall be authorized by the Act or other successor or comparable legislation of the State; (2) in the unqualified opinion of Bond Counsel, satisfactory to the Trustee, interest on such Additional Bonds will be excludable from the gross income of the holders thereof for federal income tax purposes and such Additional Bonds and income therefrom will be exempt from taxation by the State except inheritance, estate and transfer taxes; (3) the terms of such Additional Bonds, the purchase price to be paid therefor and the manner in which the proceeds therefrom are to be disbursed shall have been approved in writing by the Company; (4) the Issuer is not in Default under the Indenture and the Company is not in Default under this Agreement; (5) the issuance of Additional Bonds will not constitute a Default under this Agreement or cause any violation of the covenants or representations of the Company in this Agreement; (6) this Agreement is amended (to the extent required) to provide for such increase in the loan payments to be made by the Company to the Issuer as shall be necessary to pay the principal of, premium, if any, and interest on the Additional Bonds and for

Issuance of Additional Bonds. At If the Company is not in default hereunder, the Issuer may by the adoption of an appropriate resolution or resolutions, at the request of an Authorized Representative of the Company, the Issuer shall, to the extent permitted by law, authorize the issuance of Additional Bonds upon the terms and conditions provided herein and in Section 2.14 2.02 of the Indenture, but in no event shall the Issuer be liable for not issuing such Additional Bonds. Additional Bonds may be issued under and secured by the Indenture at one time or from time to provide time subject to the conditions hereinafter provided in this Section, for the purpose of providing funds for paying all or any portion of the cost of completing the Project in excess of the amounts made available from proceeds of the 1985 Series B Bonds, such total cost to pay (i) be evidenced by a certificate signed by the costs Authorized Company Representative, or for the purpose of paying all or any part of the Cost of the Project or of any improvements thereto or for the purpose of providing funds for refunding any Outstanding Bonds and (ii) the costs or all of the issuance and sale Bonds then outstanding including any redemption premium due thereon, or for any lawful purposes under the Act, or for any combination of the Additional Bonds and capitalized interest and other costs reasonably related such purposes. Prior to the financing, PROVIDED THAT (1) such Additional Bonds shall be authorized by the Act or other successor or comparable legislation of the State; (2) in the unqualified opinion of Bond Counsel, satisfactory to the Trustee, interest on such Additional Bonds will be excludable from the gross income of the holders thereof for federal income tax purposes and such Additional Bonds and income therefrom will be exempt from taxation by the State except inheritance, estate and transfer taxes; (3) the terms issuance of such Additional Bonds, the terms thereof, the purchase price to be paid therefor and the manner in which the proceeds therefrom are to be disbursed shall have been approved in writing by the Company; (4) the Company and the Issuer is not in Default under the Indenture and the Company is not in Default under shall have entered into an amendment to this Agreement to provide that, for all purposes of this Agreement; (5) , the issuance of Project shall include any facilities being financed by the Additional Bonds will not constitute a Default under this Agreement or cause any violation of the covenants or representations of the Company Bonds, which facilities shall be described in this Agreement; (6) this Agreement is amended (an amendment to the extent required) Exhibit A hereto, and to provide for such an increase in the loan payments to be made by the Company to the Issuer amount payable under Section 4.2 hereof as shall be necessary to pay the principal of, premium, if any, and interest on the Additional Bonds as provided in the supplemental indenture to be paid with respect to Additional Bonds authorized by Section 2.02 of the Indenture, and forto extend the term of this Agreement if the maturity of any of the Additional Bonds would otherwise occur after the expiration of the term of this Agreement; and the Issuer shall have otherwise complied with the provisions of Section 2.02 of the Indenture with respect to the issuance of such Additional Bonds.

Issuance of Additional Bonds. At Additional bonds may be sold and issued by the request Authority at any time and from time to time (subject to any agreements relating to any prior series of an Authorized Representative Bonds) in the event, for any reason, the proceeds derived from the sale of the Company, Bonds previously issued shall be insufficient for the Issuer shall, purpose of completing the Project. The Authority may also issue Bonds from time to time to refund either on a current or advance basis any Bonds previously issued by the extent permitted by law, authorize the issuance of Additional Bonds upon the terms and conditions provided herein and in Authority pursuant to Section 2.14 of the Indenture602. Additional Bonds may be sold and issued by the Authority (subject to provide any agreements relating to any prior series of Bonds) at any time and from time to time in the event funds are required to pay the costs of: (i) any major renewals, replacements, repairs, additions, betterment, or improvements, to the costs Project necessary or convenient in the judgment of refunding any Outstanding Bonds the Authority to keep the Project in good operating condition or to prevent a loss of revenues therefrom; and (ii) the costs of the issuance and sale of the Additional Bonds and capitalized interest and other costs reasonably related any major additions, improvements, repairs, or modifications to the financing, PROVIDED THAT (1) Project required by any state or federal agency having jurisdiction over the Project or any facility thereof. Any such Additional Bonds shall be authorized secured by the Act or other successor or comparable legislation assignment of the State; (2) in the unqualified opinion of Bond Counsel, satisfactory to the Trustee, interest on such Additional Bonds will be excludable from the gross income of the holders thereof for federal income tax purposes and such Additional Bonds and income therefrom will be exempt from taxation by the State except inheritance, estate and transfer taxes; (3) the terms of such Additional Bonds, the purchase price to be paid therefor and the manner in which the proceeds therefrom are to be disbursed shall have been approved in writing by the Company; (4) the Issuer is not in Default under the Indenture and the Company is not in Default under this Agreement; (5) the issuance of Additional Bonds will not constitute a Default under this Agreement or cause any violation of the covenants or representations of the Company in this Agreement; (6) this Agreement is amended (to the extent required) to provide for such increase in the loan payments to be made by the Company Participants pursuant to their intergovernmental agreements relating to such Bonds, and all other payments attributable to the Issuer Project or to the Annual Project Costs to be made in accordance with or pursuant to any other provision of this Agreement, as shall such payments may be necessary increased and extended by reason of the issuance of such Additional Bonds, and such Additional Bonds may be issued in amounts sufficient to pay the principal of, premium, if anyfull amount of such costs and sufficient to provide such reserves as may be reasonably determined by the Authority to be desirable. In the event that any Participant shall elect to expand the treatment capacity of the Project, and interest on the other Participant shall not choose to join in such expansion as provided in Section 402, then the Authority may issue Additional Bonds to finance the costs of such expansion in treatment capacity, and forall costs of issuing and carrying such Additional Bonds shall be paid by the Participant requesting such expansion.

Issuance of Additional Bonds. At The City, at the request direction of an Authorized Representative Lessee with the prior written approval of the CompanyBond Insurer, may issue Additional Bonds in amounts sufficient to pay (i) any part of the Costs of the Project not fully funded or provided for out of the proceeds of the Series 1997A Bonds, or (ii) the Costs of the Special Facilities for any additional Special Facilities approved pursuant to Section 5.05 hereof. The City agrees to use its best efforts to issue any Additional Bonds required under Clause (i) above, and the Director shall cooperate in a reasonable manner with Lessee to request the City to issue Additional Bonds under Clause (ii) above; however, no representation is made or assurance given or implied by the City that it will be able to issue, sell and deliver Additional Bonds on terms and conditions satisfactory to Lessee or the Bond Insurer or that it will agree to issue Additional Bonds for any other purpose than as set forth above. Moreover, the Issuer shall, issuance of Additional Bonds is made subject to the extent permitted same conditions enumerated in Section 4.01 and the additional condition that there shall have been executed a supplement to this Agreement to provide for the manner of construction, acquisition and payment for any additional Special Facilities to be financed with such Additional Bonds and to provide for any other matters reasonably deemed necessary by lawthe City in connection with such financing. All Additional Bonds shall be secured and payable as provided in the Trust Indenture. Upon the issuance of any Additional Bonds, the Net Rent and other amounts payable hereunder shall automatically be increased in the amounts required to provide for the full and timely payment of all principal, interest, redemption premiums, Trustee charges, fees or charges to or of credit enhancers and other related costs and expenses in respect of all Bonds then outstanding, including the Additional Bonds to be issued and amounts due as provided in clause (y) of Section 6.01 hereof. However, the City shall not authorize the issuance of Additional Bonds upon until the terms thereof and conditions provided herein and in Section 2.14 of the Indenture. Additional Bonds may be issued to provide funds to pay (i) the costs of refunding any Outstanding Bonds and (ii) the costs of the issuance and sale of the Additional Bonds and capitalized interest and other costs reasonably related supplement to the financing, PROVIDED THAT (1) such Additional Bonds shall be authorized by the Act or other successor or comparable legislation of the State; (2) in the unqualified opinion of Bond Counsel, satisfactory to the Trustee, interest on such Additional Bonds will be excludable from the gross income of the holders thereof for federal income tax purposes and such Additional Bonds and income therefrom will be exempt from taxation by the State except inheritance, estate and transfer taxes; (3) the terms of such Additional Bonds, the purchase price to be paid therefor and the manner in which the proceeds therefrom are to be disbursed shall Trust Indenture relating thereto have been approved in writing by the Company; (4) the Issuer is not in Default under the Indenture and the Company is not in Default under this Agreement; (5) the issuance of Additional Bonds will not constitute a Default under this Agreement or cause any violation of the covenants or representations of the Company in this Agreement; (6) this Agreement is amended (to the extent required) to provide for such increase in the loan payments to be made by the Company to the Issuer as Lessee, which written approval shall be necessary to pay the principal of, premium, if any, and interest on the Additional Bonds and forconclusively binding upon Lessee.

Issuance of Additional Bonds. At The City, at the request direction of an Authorized Representative Lessee, may issue Additional Bonds in amounts sufficient to pay (i) any part of the CompanyCosts of the Projects not fully funded or provided for out of the proceeds of the Series 1997B Bonds or Series 1998B Bonds, or (ii) the Costs of the Special Facilities for any additional Special Facilities approved pursuant to Section 5.05 hereof. The City agrees to use its best efforts to issue any Additional Bonds required under Clause (i) above, and the Director shall cooperate in a reasonable manner with Lessee to request the City to issue Additional Bonds under Clause (ii) above; however, no representation is made or assurance given or implied by the City that it will be able to issue, sell and deliver Additional Bonds on terms and conditions satisfactory to Lessee or that it will agree to issue Additional Bonds for any other purpose than as set forth above. Moreover, the Issuer shall, issuance of Additional Bonds is made subject to the extent permitted same conditions enumerated in Section 4.01 and the additional condition that there shall have been executed a supplement to this Agreement to provide for the manner of construction, acquisition and payment for any additional Special Facilities to be financed with such Additional Bonds and to provide for any other matters reasonably deemed necessary by lawthe City in connection with such financing. All Additional Bonds shall be secured and payable as provided in the Trust Indenture. Upon the issuance of any Additional Bonds, the Net Rent payable hereunder shall automatically be increased in the amounts required to provide for the full and timely payment of all principal, interest, redemption premiums, Trustee charges and other related costs and expenses on all Bonds then outstanding, including the Additional Bonds to be issued. However, the City shall not authorize the issuance of Additional Bonds upon until the terms thereof and conditions provided herein and in Section 2.14 of the Indenture. Additional Bonds may be issued to provide funds to pay (i) the costs of refunding any Outstanding Bonds and (ii) the costs of the issuance and sale of the Additional Bonds and capitalized interest and other costs reasonably related supplement to the financing, PROVIDED THAT (1) such Additional Bonds shall be authorized by the Act or other successor or comparable legislation of the State; (2) in the unqualified opinion of Bond Counsel, satisfactory to the Trustee, interest on such Additional Bonds will be excludable from the gross income of the holders thereof for federal income tax purposes and such Additional Bonds and income therefrom will be exempt from taxation by the State except inheritance, estate and transfer taxes; (3) the terms of such Additional Bonds, the purchase price to be paid therefor and the manner in which the proceeds therefrom are to be disbursed shall Trust Indenture relating thereto have been approved in writing by the Company; (4) the Issuer is not in Default under the Indenture and the Company is not in Default under this Agreement; (5) the issuance of Additional Bonds will not constitute a Default under this Agreement or cause any violation of the covenants or representations of the Company in this Agreement; (6) this Agreement is amended (to the extent required) to provide for such increase in the loan payments to be made by the Company to the Issuer as Lessee, which written approval shall be necessary to pay the principal of, premium, if any, and interest on the Additional Bonds and forconclusively binding upon Lessee.

Issuance of Additional Bonds. At (A) If the Borrower is not in default hereunder or under the Financing Documents, the Authority may, on written request of an Authorized Representative of the CompanyBorrower (but, if the Issuer shallOriginal Purchaser is the Owner of any Bonds Outstanding under the Indenture, only with the written consent of the Original Purchaser), from time to the extent permitted by lawtime, authorize the issuance of in its absolute discretion issue Additional Bonds on a parity with the Initial Bonds in aggregate amounts as requested by the Borrower, but only for the purposes and upon the terms and conditions provided herein stated herein, in the Indenture and in the Act. Additional Bonds shall be issued only for the purposes described in Section 2.14 2.7 of the Indenture. Additional Bonds may be issued to provide funds to pay (i) the costs of refunding any Outstanding Bonds and (ii) In each case, the costs of the issuance and sale of the Additional Bonds and capitalized interest for such period and other costs reasonably related to the financing, PROVIDED THAT financing as shall be agreed upon by the Borrower and the Authority may be included in the cost thereof. (1B) such No Additional Bonds shall be authorized by the Act or other successor or comparable legislation of the State; issued unless (2) in the unqualified opinion of Bond Counsel, satisfactory to the Trustee, interest on such Additional Bonds will be excludable from the gross income of the holders thereof for federal income tax purposes and such Additional Bonds and income therefrom will be exempt from taxation by the State except inheritance, estate and transfer taxes; (31) the terms of such Additional Bonds, the purchase price to be paid therefor and the manner in which the proceeds therefrom are to be disbursed shall have been approved in writing by the Company; Borrower and the Authority, (42) the Issuer is not Borrower and the Authority shall have entered into a supplement to the Financing Documents reaffirming the representations and covenants of the Authority and the Borrower therein contained, describing the completion, restoration, additions, extensions, improvements or facilities to be acquired and constructed or performed and making provisions for the conveyance, transfer and securing of such real property or interests therein as may be necessary or required therefor, and adjusting the aggregate amount payable hereunder and under the Note to an amount sufficient to pay, as and when the same matures and becomes due, the principal or Redemption Price, if any, of and interest on such Additional Bonds and other amounts due under the Financing Documents, and (3) the Authority and the Trustee shall have entered into a Supplemental Indenture authorizing the issuance of such Additional Bonds and setting forth the terms thereof and describing or otherwise identifying any real or personal property to be secured by the Indenture in Default under connection with the issuance of such Additional Bonds, and the Authority shall have otherwise complied with the provisions of the Indenture and the Company is not in Default under this Agreement; (5) Act with respect to the issuance of such Additional Bonds will not constitute a Default under this Agreement or cause any violation of the covenants or representations of the Company in this Agreement; (6) this Agreement is amended (to the extent required) to provide for such increase in the loan payments to be made by the Company to the Issuer as shall be necessary to pay the principal of, premium, if any, and interest on the Additional Bonds and forBonds.

Issuance of Additional Bonds. At If the Borrower is not in default hereunder, the Issuer may by the adoption of an appropriate resolution or resolutions, at the request of an Authorized Representative of the Company, the Issuer shall, to the extent permitted by lawBorrower, authorize the issuance of Additional Bonds upon the terms and conditions provided herein and in Section 2.14 2.13 of the Indenture, but in no event shall the Issuer be liable for not issuing such Additional Bonds. Additional Bonds may only be issued to provide funds to pay any one or more of the following: (i) the costs of refunding completing the Project; (ii) the costs of making at any Outstanding time or from time to time such substitutions, additions, modifications and improvements to the Project or any portion thereof, as authorized by the Act, as the Borrower may deem necessary or desirable; (iii) the costs of refunding, to the extent permitted, any Bonds then Outstanding; and (iiiv) the costs of the issuance and sale of the Additional Bonds and capitalized Bonds, interest expenses during the construction period and other costs reasonably related to the financing, PROVIDED THAT (1) such Additional Bonds financing as shall be authorized agreed upon by the Act or other successor or comparable legislation of Borrower and the State; (2) in the unqualified opinion of Bond Counsel, satisfactory Issuer. Prior to the Trustee, interest on such Additional Bonds will be excludable from the gross income of the holders thereof for federal income tax purposes and such Additional Bonds and income therefrom will be exempt from taxation by the State except inheritance, estate and transfer taxes; (3) the terms issuance of such Additional Bonds, the terms thereof, the purchase price to be paid therefor and the manner in which the proceeds therefrom are to be disbursed shall have been approved in writing by the Company; (4) Borrower, the Borrower and the Issuer is not in Default under the Indenture and the Company is not in Default under shall have entered into an amendment to this Agreement to provide that, for all purposes of this Agreement; (5) , the issuance of Project shall include any facilities being financed by the Additional Bonds will not constitute a Default under this Agreement or cause any violation of the covenants or representations of the Company Bonds, which facilities shall be described in this Agreement; (6) this Agreement is amended (amendments to the extent required) Exhibit A hereto, and to provide for such an increase in the loan payments to be made by the Company to the Issuer amount payable under Section 4.2 hereof as shall be necessary to pay the principal of, premium, if any, and interest on the Additional Bonds as provided in the supplemental indenture to be paid with respect to Additional Bonds required by Section 2.13 of the Indenture, and forto extend the term of this Agreement if the maturity of any of the Additional Bonds would otherwise occur after the expiration of the term of this Agreement; and the Issuer shall have otherwise complied with the provisions of Section 2.13 of the Indenture with respect to the issuance of such Additional Bonds

Issuance of Additional Bonds. At So long as the request Agreement is in effect and no Event of an Authorized Representative Default shall have occurred thereunder and there is no Event of Default hereunder, one or more series of Additional Bonds may be authorized by resolution of the CompanyAuthority to pay Costs or for the purpose of refunding any prior issue of Bonds. Such Additional Bonds shall be issued in such series and principal amounts, shall be subject to redemption at such times and at such prices, shall bear interest at such rate or rates, shall mature in such amounts as the Supplemental Indenture authorizing the issuance thereof and the resolution of the Authority in connection therewith shall fix and determine not inconsistent with this Indenture. Such Supplemental Indenture shall specify and determine the purpose for which such Additional Bonds are to be issued (but no purpose shall be authorized other than paying Costs of the Project, including any addition to the Project) or for the purpose of refunding any prior issue of Bonds, and such other matters and things as may be deemed necessary or appropriate by the Authority or as may be required by the Act, the Issuer shall, Agreement or this Indenture for authorization and issuance of such Additional Bonds not inconsistent with this Indenture. Prior to the extent permitted by law, authorize the issuance of Additional Bonds and the execution and delivery of a Supplemental Indenture in connection therewith, the Authority and the Company shall enter into an amendment to the Agreement pursuant to Article XI hereof which shall provide that the payments due under the Agreement shall be increased and computed so as to provide for payments sufficient to pay in full the principal of and interest on such Additional Bonds and any other costs in connection therewith. For the issuance of Additional Bonds to pay for Costs of the Project, the Company is also required to deliver to the Trustee the following: (a) a cost estimate of the Costs of the Project proposed to be constructed from the proceeds of such Additional Bonds prepared by an architect or engineering firm or a list of equipment with cost estimates prepared by the Company and substantiated by estimates from vendors; (b) a feasibility report prepared in accordance with GAAP by an independent certified public accountant certifying that monies available for debt service for the Company, upon completion of the proposed addition to the Project, is equal to 125% of the debt service necessary for the Bonds. For purposes hereof, monies available for debt service means cash flow of the Company from operations less operating expenses (minus depreciation); and (c) an MAI (Member, Appraisal Institute) appraisal certifying that the fair market value of the bond financed facility, including additions thereto and equipment financed with the Additional Bonds, is equal to 125% of the principal amount of the Bonds Outstanding, after the issue of the Additional Bonds. Each series of Additional Bonds shall be equally and ratably secured under the Indenture with the Initial Bonds and all other series of Additional Bonds, if any, without preference, priority or a distinction of any Bonds over any other thereof except as expressly provided in or permitted by the Indenture or any Supplemental Indenture. The Additional Bonds shall be deposited with the Trustee and thereupon shall be authenticated by the Trustee. Upon payment to the Trustee of the proceeds of sale of Additional Bonds, they shall be delivered by the Trustee to or upon the terms and conditions provided herein and in Section 2.14 order of the Indenture. purchasers thereof, but only upon receipt by the Trustee of: (a) A copy of the resolution, duly certified by the Secretary or the Assistant Secretary of the Authority, authorizing the execution and delivery of the Supplemental Indenture and authorizing and awarding the Additional Bonds may be issued to provide funds to pay and providing the terms thereof; and (ib) the costs of refunding any Outstanding Bonds and (ii) the costs Original executed counterparts of the Supplemental Indenture, together with an original executed counterpart amendment of, or supplement to, the Agreement, and the other Loan Documents reflecting the increase in the amount of Bonds Outstanding in the amount of the Loans; and (c) A written opinion by an attorney or firm of attorneys of recognized standing on the subject of municipal bonds, to the effect that the issuance and sale of the Additional Bonds and capitalized interest the execution thereof have been duly authorized and other costs reasonably related that all conditions precedent to the financing, PROVIDED THAT (1) such delivery thereof as required hereunder have been fulfilled and that the Additional Bonds shall be authorized by the Act or other successor or comparable legislation constitute legal, valid and binding obligations of the State; (2) Authority enforceable in accordance with their terms and that the unqualified opinion issuance of Bond Counsel, satisfactory to the Trustee, interest on such Additional Bonds will be excludable not adversely affect the exclusion of interest on the Tax- exempt Bonds from the gross income of the holders thereof for federal income tax purposes and such Additional Bonds and income therefrom will be exempt from taxation by the State except inheritance, estate and transfer taxes; (3) the terms of such Additional Bonds, the purchase price to be paid therefor and the manner in which the proceeds therefrom are to be disbursed shall have been approved in writing by the Company; (4) the Issuer is not in Default under the Indenture and the Company is not in Default under this Agreement; (5) the issuance of Additional Bonds will not constitute with a Default under this Agreement or cause any violation of the covenants or representations of the Company in this Agreement; (6) this Agreement is amended (reliance letter to the extent requiredTrustee confirming the above; and (d) to provide for such increase in the loan payments to be made by the Company A written order to the Issuer as shall be necessary Trustee executed by an Authorized Authority Representative to pay the principal of, premium, if any, authenticate and interest on deliver the Additional Bonds to the purchaser or purchasers therein identified upon payment to the Trustee of a specified sum; and (e) All other documents reasonably required by the Authority and forthe Trustee.

Issuance of Additional Bonds. At (a) If the Borrowers are not in default hereunder or under the Borrower Financing Documents, the Issuer may, in its absolute discretion, on written request of an Authorized Representative of the CompanyBorrower, from time to time, issue additional Senior Bonds and additional Subordinate Bonds (or one or the Issuer shallother at the same or different times) on a parity with the respective Class of Bonds under which they are designated, to in aggregate amounts as requested by the extent permitted by lawBorrower, authorize but only for the issuance of Additional Bonds purposes and upon the terms and conditions provided herein stated herein, in the Trust Indenture and in Section 2.14 of the IndentureAct. Additional Bonds may shall be issued to provide funds to pay (i) only for the costs purposes permitted in Article II of refunding any Outstanding Bonds and (ii) the Trust Indenture. In each case, the costs of the issuance and sale of the Additional Bonds and capitalized interest for any construction period and other costs reasonably related to the financing, PROVIDED THAT financing as shall be agreed upon by the Borrowers and the Issuer shall be included in the cost thereof. (1b) such No Additional Bonds shall be authorized by the Act or other successor or comparable legislation of the State; issued unless (2) in the unqualified opinion of Bond Counsel, satisfactory to the Trustee, interest on such Additional Bonds will be excludable from the gross income of the holders thereof for federal income tax purposes and such Additional Bonds and income therefrom will be exempt from taxation by the State except inheritance, estate and transfer taxes; (31) the terms of such Additional Bonds, the purchase price to be paid therefor and the manner in which the proceeds therefrom are to be disbursed shall have been approved in writing by the Company; Borrower Representative and the Issuer, (42) the Issuer is not in Default under the Indenture Borrowers and the Company is not in Default under this Agreement; (5) Issuer shall have entered into supplements to the issuance of Additional Bonds will not constitute a Default under this Agreement or cause any violation General Financing Documents reaffirming the representations and covenants of the covenants Issuer and the Borrowers therein contained, describing the completion, restoration, additions, extensions, improvements or representations of the Company in this Agreement; (6) this Agreement is amended (to the extent required) to provide for such increase in the loan payments to be made by the Company to the Issuer as shall be necessary to pay the principal of, premiumfacilities, if any, to be acquired and constructed or performed and making provisions for the conveyance, transfer and securing of such real property or interests therein as may be necessary or required therefor, and adjusting the aggregate amount payable hereunder and delivering an additional Master Indenture Note or Master Indenture Notes to an amount sufficient to pay, as and when the same matures and becomes due, the principal or Redemption Price, if any, of and interest on the such Additional Bonds and forother amounts due under the General Financing Documents, and (3) the Issuer and the Bond Trustee shall have entered into a Supplemental Indenture authorizing the issuance of such Additional Bonds and setting forth the terms thereof and describing or otherwise identifying any real or personal property to be secured by the Trust Indenture in connection with the issuance of such Additional Bonds, and the Issuer shall have otherwise complied with the provisions of the Trust Indenture and the Act with respect to the issuance of such Additional Bonds.

Issuance of Additional Bonds. At To the request extent the Issuer issues additional bonds, in addition to the Series 2024 Bonds ("Additional Bonds"), that rank on a parity basis to the Bonds and are subject to a pledge of an Authorized Representative TIF Revenues and Taxpayer Payments to the payment of the Bonds and any such additional parity bonds shall be applied on a pro-rata basis, based on the principal amount of the Bonds outstanding supported by the TIF Revenues and Taxpayer Payments and such additional parity bonds outstanding") provided, however, that such Parity Obligations test is not required to issue obligations for future phases of the Project. While the Series 2024 Bonds are owned by the Purchaser, no additional bonds may be issued ranking on a parity without written consent of the Company. One or more series of Bonds, may be authenticated and delivered from time to time for one or more of the Issuer shallpurposes of (i) refunding entirely one or more series of Bonds outstanding hereunder, if such Bonds may otherwise be refunded, (ii) advance refunding entirely one or more series of Bonds outstanding hereunder, regardless of whether such Bonds may otherwise be refunded, if the same is then permitted by law by depositing with the Trustee, in trust for the sole benefit of such series of Bonds, cash or investments (but only to the extent permitted by law, authorize that the issuance of Additional Bonds upon the terms full faith and conditions provided herein and in Section 2.14 credit of the Indenture. Additional United States of America are pledged to the timely payment thereof) in a principal amount which will, together with the income or increment to accrue thereon, be sufficient to pay and redeem (when redeemable) and discharge such series of Bonds may be issued at or before their respective maturity dates, and (iii) financing the Cost of Construction or of acquiring and/or constructing additional improvements to provide the Project, and, in each case, obtaining additional funds to pay (i) the costs of refunding any Outstanding Bonds and (ii) the costs of to be incurred in connection with the issuance and sale of the Additional Bonds and capitalized interest and other costs reasonably related to the financing, PROVIDED THAT (1) such Additional Bonds shall be authorized by the Act or other successor or comparable legislation of the State; (2) in the unqualified opinion of Bond Counsel, satisfactory to the Trustee, interest on such Additional Bonds will be excludable from the gross income of the holders thereof for federal income tax purposes and such Additional Bonds and income therefrom will be exempt from taxation by the State except inheritance, estate and transfer taxes; (3) the terms of such Additional Bonds, to establish reserves with respect thereto and to pay interest during the purchase price estimated construction period of completing the additional improvements, if any. Each series of Additional Bonds issued hereunder shall be issued on a parity with the Series 2024 Bonds. Prior to the delivery by the Issuer of any such Additional Bonds there shall be paid therefor filed with the Trustee: (i) A supplement to this Indenture executed by the Issuer and the manner in which Trustee authorizing the issuance of such Additional Bonds, specifying the terms thereof and providing for the disposition of the proceeds therefrom are of the sale thereof. (ii) The supplement or amendment to be disbursed the Financing Agreement and the other instruments, documents, certificates, and opinions referred to in Article IX of this Indenture. (iii) A copy, duly certified by the Director of Finance and Records of the Issuer, of the Bond Ordinance theretofore adopted and approved by the Issuer authorizing the execution and delivery of such supplemental indenture and such supplement to the Financing Agreement and the issuance of such Additional Bonds. (iv) A written request of the Issuer to the Trustee to authenticate and deliver such Additional Bonds. (v) In the case of Additional Bonds, a certificate showing the requirements for such Additional Bonds contained in the resolution pledging TIF Revenues shall have been approved met. Any Additional Bonds issued in writing accordance with the terms of this Section 2.8 shall be secured by this Indenture, but such Additional Bonds may bear such date or dates, such interest rate or rates, and with such maturities, redemption dates and premiums as may be agreed upon by the Issuer, at the direction of the Company; (4) the Issuer is not in Default under the Indenture , and the Company is not in Default under this Agreement; (5) the issuance purchaser of such Additional Bonds will not constitute a Default under this Agreement or cause any violation of the covenants or representations of the Company in this Agreement; (6) this Agreement is amended (to the extent required) to provide for such increase in the loan payments to be made by the Company to the Issuer as shall be necessary to pay the principal of, premium, if any, and interest on the Additional Bonds and forBonds.

Issuance of Additional Bonds. At If the Company is not in default hereunder, the Issuer may by the adoption of an appropriate resolution or resolutions, at the request of an Authorized Representative of the Company, the Issuer shall, to the extent permitted by law, authorize the issuance of Additional Bonds upon the terms and conditions provided herein and in Section 2.14 Sections 2.12 and 2.13 of the Indenture, but in no event shall the Issuer be liable for not issuing such Additional Bonds. Additional Bonds may only be issued to provide funds to pay any one or more of the following: (i) the costs of refunding any Outstanding Bonds and completing the Project; (ii) the costs of making at any time or from time to time such substitutions, additions, modifications and improvements or additional costs for the Project or any portion thereof, all as authorized by the Act, as the Company may deem necessary or desirable; (iii) the costs of refunding, to the extent permitted, any Bonds then Outstanding; and (iv) the costs of issuance and sale of the Additional Bonds and capitalized Bonds, interest expenses during the construction period and other costs reasonably related to the financing, PROVIDED THAT (1) such Additional Bonds financing as shall be authorized agreed upon by the Act or other successor or comparable legislation of Company and the State; (2) in the unqualified opinion of Bond Counsel, satisfactory Issuer. Prior to the Trustee, interest on such Additional Bonds will be excludable from the gross income of the holders thereof for federal income tax purposes and such Additional Bonds and income therefrom will be exempt from taxation by the State except inheritance, estate and transfer taxes; (3) the terms issuance of such Additional Bonds, (i) the terms thereof, the purchase price to be paid therefor therefore and the manner in which the proceeds therefrom are to be disbursed shall have been approved in writing by the Company; (4ii) the Issuer is not in Default under the Indenture and the Company is not in Default under shall have entered into an amendment to this Agreement to provide that, for all purposes of this Agreement; (5) , the issuance of Project shall include any facilities and equipment being financed by the Additional Bonds will not constitute a Default under this Agreement or cause any violation of the covenants or representations of the Company Bonds, which facilities and equipment shall be described in this Agreement; (6) this Agreement is amended (amendments to the extent required) Exhibit A hereto, and to provide for such an increase in the loan payments to be made by the Company to the Issuer amount payable under Section 4.02 hereof as shall be necessary to pay the principal of, premium, if any, and interest on the Additional Bonds as provided in the Supplemental Indenture required by Sections 2.12 and for2.13 of the Indenture, and to extend the term of this Agreement if the maturity of any of the Additional Bonds would otherwise occur after the expiration of the term of this Agreement; and (iii) the Issuer shall have otherwise complied with the provisions of Sections 2.12 and 2.13 of the Indenture with respect to the issuance of Additional Bonds.