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Agenda - 06-24-1986
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Agenda - 06-24-1986
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10/11/2016 2:43:46 PM
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BOCC
Date
6/24/1986
Meeting Type
Regular Meeting
Document Type
Agenda
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the Bond (as such term is defined in the Loan Agreement ) shall be <br /> invested or reinvested only in the investments specified in clause <br /> ( i ) above. <br /> The investments or reinvestments so purchased shall be held <br /> by the Depositary or the Holder, as the case may be, in trust and <br /> shall be deemed at all times to be a part of the Project Fund or <br /> special trust funds, as the case may be, and the interest accruing <br /> thereon and any profit realized therefrom shall be credited to <br /> such fund, and any losses resulting from such investment shall be <br /> charged to such fund and reimbursed by the Company to such fund. <br /> The Depositary shall not be liable for any loss on investments <br /> made in accordance with this Section 10. The Depositary or the <br /> Holder, as the case may be, are hereby directed to sell and to <br /> reduce to cash a sufficient amount of such investments whenever <br /> the cash balance in any such fund is insufficient to pay a <br /> requisition and certificate when duly presented as aforesaid or to <br /> make a payment or prepayment on the Bond when due. <br /> The investments or reinvestments may be made by oral <br /> instruction of the Company Representative so long as such oral <br /> instruction is confirmed in writing to the Depositary within five <br /> ( 5) business days after oral instruction is given. In the event <br /> the Company Representative fails to submit the written <br /> confirmation within the prescribed five (5) business day period, <br /> the Depository shall not be required to act thereafter on oral <br /> instruction, and will make investments and reinvestments only upon <br /> written instruction from the Company Representative. <br /> Section 11. Completion of the Project. The completion of <br /> the Project and the payment of the Cost of Acquisition of the <br /> Project shall be evidenced by the filing with the Depositary of <br /> the certificate of the Company Representative required by the <br /> provisions of Section 4. 3 of the Loan Agreement. As soon as <br /> practicable after, and in any event within 60 days from, the <br /> Depositary ' s receipt of the certificate referred to in the <br /> preceding sentence, any balance remaining in the Project Fund <br /> (other than the amounts retained by the Depositary in accordance <br /> with the provisions of Sections 4. 3 and 4.4 of the Loan Agreement) <br /> shall, without further authorization but with advice to the Au- <br /> thority and to the Company of such action, be applied by the <br /> Depositary, or paid to the Holder for application, to the prepay- <br /> ment of installments of principal on the Bond in the inverse order <br /> of maturities in accordance with its terms. <br /> Section 12. Alterations of Documents. Alterations and <br /> modifications of the Bond, the Note, the Loan Agreement, this Bond <br /> Purchase Agreement, the Security Agreement, the Deed of Trust and <br /> the Assignment , or of any amendments or supplements hereto or <br /> thereto, may be made only with the written consent of the Au- <br /> 12. <br />
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