Laserfiche WebLink
<br />SECTION 6.3. USE OF AND DISBURSEMENTS FROM RESERVE FUND. Moneys in the <br />Reserve Fund shall be held by the Trustee as a reserve for payment of the Basic Payments of the <br />Corporation under the Loan Agreement, so long as the Corporation is not in Default under the Loan <br />Agreement. In the event the Corporation is in Default of its obligation to make Basic Payments <br />under the Loan Agreement or if an Event of Default occurs under this Indenture and funds on deposit <br />in the Bond Fund are insufficient to pay the principal of or interest on the Bonds when due, the <br />Trustee shall transfer sufficient funds from the Reserve Fund to the Bond Fund to satisfy the <br />obligation causing the Default. If at any time the balance in the Reserve Fund is less than the <br />Reserve Requirement as a result of a draw on the Reserve Fund, such deficiency shall be restored <br />by the Corporation making deposits into the Reserve Fund not later than the first day of the sixth <br />month following any deficiency. A draw on the Reserve Fund shall not constitute an Event of <br />Default hereunder unless the Corporation fails to restore the balance therein to the Reserve <br />Requirement within the six month period. <br /> <br />Moneys in the Reserve Fund shall be invested as provided in Section 7.1 hereof. If the <br />amount on deposit in the Reserve Fund is less than the Reserve Requirement, the earnings on the <br />investment of the Reserve Fund shall remain in the Reserve Fund. If the balance in the Reserve <br />Fund is equal to or greater than the Reserve Requirement, such excess and all interest earned from <br />the investment of the Reserve Fund shall be transferred to the Bond Fund semiannually by the <br />Trustee and used to pay interest on the Bonds on the next Interest Payment Date. The amounts <br />deposited in the Reserve Fund may be used by the Corporation for the final payment to be made on <br />the Bonds. Any sums remaining in the Reserve Fund after all obligations of the Corporation under <br />the Loan Agreement and this Indenture have been satisfied shall be paid to the Corporation. <br /> <br />The Trustee shall determine the balance in the Reserve Fund 45 days prior to each Interest <br />Payment Date. In calculating the balance in the Reserve Fund at any time, Permitted Investments <br />then held as an asset of the Reserve Fund shall be valued at their market value on the date set forth <br />above. Ifupon such valuation the balance in the Reserve Fund is less than the Reserve Requirement <br />as a result of a decline in market value of investments thereof, the Corporation is required to pay an <br />amount under Section 4.02(d) of the Loan Agreement for deposit in the Reserve Fund which is <br />sufficient to cause the balance in the Reserve Fund to equal the Reserve Requirement. Ifupon such <br />valuation the balance in the Reserve Fund is in excess ofthe Reserve Requirement, such excess may <br />be transferred to the Bond Fund. <br /> <br />SECTION 6.4. USE OF AND DISBURSEMENTS FROM PROJECT FuND. Moneys in the Project <br />Fund shall be expended and disbursed to pay Qualified Project Costs in accordance with the <br />provisions of the Loan Agreement. The Trustee is hereby authorized and directed to make <br />disbursements from the Project Fund to pay the Qualified Project Costs upon receipt ofa certificate <br />signed by a Company Representative meeting the requirements of the Loan Agreement. The Trustee <br />shall keep and maintain adequate records pertaining to the Project Fund and all receipts and <br />disbursements pertaining thereto, and shall furnish periodic statements with respect thereto to the <br />Company. The Trustee shall not make disbursements from the Project Fund if an Event of Default <br />has occurred and is continuing. <br /> <br />6-2 <br />