05-13-2020 Council Packet - Laserfiche WebLink

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12316323v3 38 appropriate exceptions for bankruptcy, insolvency and similar laws and for equitable principles. The Opinion of Independent Counsel shall be delivered to the Trustee at least 30 days prior to the incurrence of the Additional Parity Indebtedness or within any shorter period which is satisfactory to the Trustee. (f)The Borrower will take all actions (including but not limited to amending or supplementing the Indenture, this Loan Agreement and the Mortgage and any other collateral instrument or document) and will execute, deliver, file and record all instruments and documents of security which are required by this Loan Agreement and the Mortgage, which relate to the Additional Parity Indebtedness, which are required by law or which the Borrower or the Trustee, upon the advice of Independent Counsel, determines to be necessary or advisable to make or grant the holders of the Additional Parity Indebtedness a right to payment from and an assignment of or a security interest in any property, or to secure those holders otherwise, on a parity with all other holders of Additional Parity Indebtedness and secured on a parity as set forth in Section 6.11(d)(4) above. (g)As a condition to the incurrence of the Additional Parity Indebtedness, Borrower shall execute, deliver, file and record and cause to be executed, delivered, filed and recorded all instruments and documents which are required by this Loan Agreement which relate to the Additional Parity Indebtedness, which are required by law or which Borrower or the Trustee, upon the advice of Independent Counsel, determines to be necessary or advisable to make or grant to the Trustee an assignment of or a security interest in any property which is the subject of an assignment made or a security interest granted to the holders of the Additional Parity Indebtedness and not theretofore made or granted to the Trustee, or to secure the Trustee otherwise, on a parity with the holders of the Additional Parity Indebtedness. (h)The actions taken pursuant to this Section shall be taken to the end that all of the outstanding Additional Parity Indebtedness and the Loan shall be of equal rank and shall be entitled to share on a parity in all security granted under this Loan Agreement and the Mortgage, except that Additional Parity Indebtedness shall not be protected or secured by funds or accounts created under the Indenture, the Trust Estate or this Loan Agreement. (i)Within a reasonable period after the incurrence of any Additional Parity Indebtedness, Borrower shall deliver to the Trustee conformed copies of all instruments and documents supporting or evidencing the Additional Parity Indebtedness. Section 6.12 Days Cash on Hand. As of the final day of each fiscal year, commencing with the fiscal year ending September 30, 2024, and continuing throughout the term hereof, the Borrower shall maintain not less than [60] Days Cash on Hand. Not more than 120 days following each such fiscal year, the Borrower shall furnish to the Trustee a Certificate, signed by the Authorized Borrower Representative, setting forth the Borrower's Days Cash on Hand as of the final day of the fiscal year then ended, and stating whether the requirements of this Section have been met. If, as of the final day of any fiscal year of the Borrower, commencing with the fiscal year ending on September 30, 20__, the Borrower has less than [60] Days Cash on Hand, then the Borrower shall at its expense retain an Independent consultant (which consultant may consist of