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<br />enter into an amendment to the Loan Agreement with the Company to provide for Basic <br />Payments at least sufficient to pay the principal of, premium, if any, and interest on the <br />Bonds then to be Outstanding (including the Additional Bonds to be issued) as the same <br />become due, for the acquisition, purchase, construction and installation of the Improvements <br />to the Facilities, for the inclusion of any such Improvements to the Facilities as a part of the <br />Facilities, and (iv) for such other matters as are appropriate because of the issuance of the <br />Additional Bonds proposed to be issued which, in the judgment of the Issuer, is not to the <br />prejudice of Issuer or the holders of the Bonds previously issued. <br /> <br />(c) Such Additional Bonds shall have the same designation as the Bonds, except <br />for an identifying series letter or date and the addition of the word "Refunding" when <br />applicable, shall be dated, shall be stated to mature in such year or years, shall bear interest <br />at such rate or rates not exceeding the maximum rate then permitted by law, and shall be <br />redeemable at such time and prices, all as may be provided by the Supplemental Indenture <br />authorizing the issuance of such Additional Bonds. Except as to any difference in the date, <br />the maturity or maturities, the rate or rates of interest or the provisions for redemption, such <br />Additional Bonds shall be on a parity with and shall be entitled to the same benefit and <br />security of this Indenture as the Series 2008 Bonds and any other Additional Bonds <br />Outstanding after the issuance of such Additional Bonds. <br /> <br />(d) Such Additional Bonds shall be executed substantially in the form and manner <br />set forth in this Article and shall be deposited with Trustee for authentication, but prior to or <br />simultaneously with the authentication and delivery of such Additional Bonds by Trustee, <br />there shall be filed with Trustee the following: <br /> <br />(i) The resolution adopted by the Board of County Commissioners ofthe <br />Issuer authorizing the issuance of Additional Bonds and the execution of such <br />Supplemental Indenture and Loan Agreement amendment. <br /> <br />(ii) An original executed counterpart of the Supplemental Indenture <br />providing for the issuance of the Additional Bonds. <br /> <br />(iii) An original executed counterpart ofthe Loan Agreement amendment, <br />if required. <br /> <br />(iv) A request and authorization to Trustee, on behalf of Issuer, to <br />authenticate and deliver to the purchasers thereof the Additional Bonds upon <br />payment to Trustee, for the account ofIssuer, of the purchase price thereof. <br /> <br />(v) An opinion of Bond Counsel to the effect that the issuance of such <br />Additional Bonds will not result in the interest on any Bonds then Outstanding <br />becoming included in gross income of the owner under Section 103(a) of the Code. <br /> <br />2-9 <br />