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Financing- Trust Agreement
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Financing- Trust Agreement
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Last modified
9/19/2012 3:45:36 PM
Creation date
9/9/2011 4:19:16 PM
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Building
RecordID
10242
Title
Financing- Trust Agreement
Company
Marion County
BLDG Date
10/7/1998
Building
Courthouse Square
BLDG Document Type
Finance
Project ID
CS9801 Courthouse Square Construction
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I impoi-t shall mean all Tax-Exempt Obligations of whatever series which, for purposes of the <br />? arbitrage rebate provisions of the Code, are considered to be a single "issue" of obligations. <br />3 <br />~- Notwithstandin~ anything expressed or implied herein or in an~~ Supplemental Agreement <br />> to the contrary, the covenants of the County set forth in this Section shall survive the payment in filll <br />6 and/or defeasance of all Outstanding Certificates or any particular series of Certificates. <br />7 <br />8 (n) AcT~oNS BY THE TRUSTEE. In the event the County shall fail to appoint the Rebate <br />9 Analyst or otherwise fail to perform its obligations hereunder, the Trustee shall have the right to <br />l0 appoint, and at the direction of the County shall appoint, such Rebate Analyst and otherwise cause <br />11 such report to be completed and to cause the Rebate Amounts to be paid from `'available funds" (as <br />13 such term is used in Section 6.10 of the Agreement). <br />13 <br />~~ SECTION 40~. REPAYMENTTOTHE COUNTI' FROI~1 THE FUNDS. Any amounts remaining <br />-5 in the Certificate Payment Fund, the Project Fund, the Rebate Fund or any other fund established <br />16 with and held by the Trustee under any Supplemental Agreement, after payment in full of all <br />17 Certiticates, any Rebate Amount, the fees and expenses and other costs specified in Article VI of the <br />- 8 Agreement, and all other amounts required to be paid under the Agreement, shall be disbursed by <br />l 9 the Trustee for the following purposes and in the order of priority indicated: <br />?o <br />2 ~ (i) First, to the Credit Providers to the extent of any amounts owed to them by the <br />?? County in respect of the Credit Facilities provided thereby; <br />~; <br />?~- (ii) Second, to the Trustee to the extent of any amounts owed to it under this <br />2~ Agreement; <br />?6 ~ <br />27 (iii) Third, to the County as an overpayment of Financing Payments; <br />~g <br />29 proi•idea', ho~rerer, that the Trustee shall not so pay to the County any amounts or investments being <br />3o held for the payment of any Certificates which are not yet due and payable (including but not limited <br />3- to any Certificates which have been defeased pursuant to Section 210 hereo~ or which have not yet <br />32 been presented for payment, ar for the payment of any Rebate Amount, but shall retain such amounts <br />33 and investments and apply the same to the payment of the Certificates or Rebate Amount for which <br />34 the~~ are being held. <br />35 <br />36 <br />FINANCING .4ND TRUST AGREEMENT PAGE 3~ <br />
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