Common use of Other Amounts Payable by the Borrower Clause in Contracts

Other Amounts Payable by the Borrower. The Borrower covenants and agrees to pay the following: (a) To the extent Pledged TIF Revenues are not then available, all reasonable fees, charges and expenses, including reasonable agent and counsel fees and expenses, of the Trustee incurred under the 2024C Indenture, as and when the same become due. (b) To the extent Pledged TIF Revenues are not then available, all reasonable costs incident to the payment of the principal of, premium, if any, and interest on the Series 2024C Bonds as the same become due and payable, including all reasonable costs and expenses in connection with the call, redemption, and payment of Series 2024C Bonds. (c) To the extent Pledged TIF Revenues are not then available, an amount sufficient to reimburse the Issuer for all reasonable expenses incurred by the Issuer under this 2024C Loan Agreement and in connection with the performance of its obligations under this 2024C Loan Agreement or the 2024C Indenture. (d) All reasonable expenses incurred in connection with the enforcement of any rights under this 2024C Loan Agreement or the 2024C Indenture by the Issuer, the Trustee or the Bondholders. (e) To the extent Pledged TIF Revenues are not then available (and to the extent such payments may be lawfully made from the Pledged TIF Revenues), all other payments of whatever nature which the Borrower has agreed to pay or assume under the provisions of the 2024C Loan Agreement. Notwithstanding anything in this Section 3.9 to the contrary, the Borrower may, without creating an event of default as herein defined, after making the payments required by this Section 3.9, contest in good faith the necessity for any such services, fees, charges or expenses of the Issuer or the Trustee or the Bondholders.

Other Amounts Payable by the Borrower. The Except for Annual Fees (as defined in the Indenture) that are paid from Pledged Tax Increment pursuant to the Indenture, the Borrower covenants and agrees to pay the following: (a) To the extent Pledged TIF Revenues are not then available, all All reasonable fees, charges and expenses, including reasonable agent and counsel fees and expenses, of the Trustee incurred under the 2024C Indenture, as and when the same become duedue to the extent that Pledged TIF Revenues are not available for such purpose. (b) To the extent Pledged TIF Revenues are not then available, all All reasonable costs incident to the payment of the principal of, premium, if any, of and interest on the Series 2024C 2024A Bonds as the same become due and payable, including all reasonable costs and expenses in connection with the call, redemption, and payment of Series 2024C Bonds. (c) To to the extent Pledged TIF Revenues are not then available, an available for such purpose. (c) An amount sufficient to reimburse the Issuer for all reasonable expenses reasonably incurred by the Issuer under this 2024C Loan Agreement and in connection with the performance of its obligations under this 2024C Loan Agreement or the 2024C Indenture, to the extent that Pledged TIF Revenues are not available for such purpose. (d) All reasonable expenses incurred in connection with the enforcement of any rights under this 2024C Loan Agreement or the 2024C Indenture by the Issuer, the Trustee or the Bondholders, to the extent that Pledged TIF Revenues are not available for such purpose. (e) To the extent Pledged TIF Revenues are not then available (and to the extent such payments may be lawfully made from the Pledged TIF Revenues), all All other payments of whatever nature which the Borrower has agreed to pay or assume under the provisions of this Agreement, to the 2024C Loan Agreementextent that Pledged TIF Revenues are not available for such purpose. Notwithstanding anything in this Section 3.9 to the contrary, the Borrower may, without creating an event of default as herein defined, after making the payments required by this Section 3.9, contest in good faith the necessity for any such services, fees, charges or expenses of the Issuer or the Trustee or the BondholdersTrustee.