1. MIDA Bond-Bethany on 42nd
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1. MIDA Bond-Bethany on 42nd
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<br />SECTION 4.6. ENFORCEMENT OF THE LOAN AGREEMENT. The Loan Agreement sets forth <br />the covenants and obligations of the Issuer and the Company, and reference is hereby made to the <br />Loan Agreement for a detailed statement of the covenants and obligations of the Issuer and the <br />Company thereunder. The Issuer shall cooperate in good faith with the Trustee in the Trustee's <br />enforcement of any ofthe obligations ofthe Company under the Loan Agreement. The Trustee may <br />enforce all obligations of the Issuer and the obligations of Company under the Loan Agreement, in <br />its name or in the name ofthe Issuer and on behalf ofthe Bondholders, whether or not the Issuer has <br />undertaken to enforce such rights and obligations. <br /> <br />SECTION 4.7. INSTRUMENTS OF FURTHER ASSURANCE. The Issuer covenants that it has <br />not made, done, executed or suffered, and will not make, do, execute or suffer, any act or thing <br />whereby its interest in the Loan Agreement or any part thereof is now or at any time hereafter <br />impaired, changed or encumbered in any manner whatsoever, except as may be expressly permitted <br />herein; and that it will do, execute, acknowledge and deliver, such instruments supplemental hereto <br />and such further acts, instruments and transfers as the Trustee may reasonably require for the better <br />assuring, transferring, pledging, assigning and confirming unto the Trustee all and singular the sums <br />assigned and pledged hereby to the payment of the principal of and interest on the Bonds. <br /> <br />SECTION 4.8. RECORDING AND FILING. The Trustee covenants that solely from available <br />Additional Payments it will cause the Mortgage, the Assignment, and all related financing <br />statements, to be kept, recorded and filed in such manner and in such places as may be required by <br />law in order to preserve and protect fully the security of the Holders of the Bonds and the rights of <br />the Trustee hereunder and under any other instruments aforesaid. <br /> <br />SECTION 4.9. BOOKS AND RECORDS. The Trustee covenants that so long as any <br />Outstanding Bonds issued hereunder and secured by this Indenture shall be unpaid, the Trustee will <br />keep proper books or records and accounts, in which full, true and correct entries will be made of <br />all its financial dealings or transactions in relation to the Facilities and the payments derived from <br />the Loan Agreement, this Indenture, the Mortgage and the Assignment. At reasonable times and <br />under reasonable regulations established by the Trustee, such books shall be open to the inspection <br />of Holders and such accountants or other agents as the Trustee may from time to time designate. <br /> <br />SECTION 4.10. ACCESS TO BOND REGISTER. The Bond Register shall not be deemed a <br />public record and shall not be made available for inspection by the public, unless and until notice <br />to the contrary is given to the Trustee by the Issuer. <br /> <br />SECTION 4.11. RIGHTS UNDER MORTGAGE AND ASSIGNMENT. <br /> <br />(a) The Issuer acknowledges that it is not a party to the Mortgage and the <br />Assignment, and that such instruments further secure payment of the Bonds and interest <br />thereon, and reference is hereby made to the same for a detailed statement of the obligations <br />of the parties thereto. The Issuer therefore agrees that, unless specifically prohibited under <br />this Indenture, the Trustee in its name may enforce all obligations under and pursuant to such <br /> <br />4-2 <br />
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