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05-13-2020 Council Packet
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05-13-2020 Council Packet
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12316306v3 <br />-36- <br />ARTICLE VI <br />PARTICULAR COVENANTS OF THE ISSUER <br />The Issuer covenants and agrees, so long as any Bonds shall be outstanding and subject to <br />the limitations on its obligations herein set forth, that: <br />Section 6.01 Payment of Bonds. It will faithfully perform at all times any and all <br />covenants, undertakings, stipulations and provisions contained in this Indenture and the Bond <br />Resolution and in each and every Bond executed, authenticated and delivered hereunder; will <br />pay, from Loan Repayments by the Borrower and other amounts received or held by the Trustee <br />hereunder, the principal of, premium (if any) on and interest on every Bond issued hereunder on <br />the dates, at the places and in the manner prescribed in such Bonds in any coin or currency <br />which, on the respective dates of payment of such principal and interest, is legal tender for the <br />payment of public and private debts; and will cause such amounts received to be deposited with <br />the Trustee prior to the due date of each installment of principal and interest and prior to the <br />maturity of any Bond in amounts sufficient to pay such installment or Bond to the end that the <br />Trustee may cause to be placed in any other bank of payment specified herein and in the Bonds, <br />on time, money required for payment of principal, premium and interest; provided, however, that <br />the principal of and interest on any Bond is not and shall not be deemed to represent a debt or <br />pledge the faith or credit of the Issuer or grant to the Holder of any Bond any right to have the <br />Issuer levy any taxes or appropriate any funds to the payment of principal of or interest on the <br />Bonds, such payment to be made solely and only out of the moneys received pursuant to the <br />Loan Agreement, and the funds and accounts established and maintained with the Trustee <br />pursuant to the requirements of this Indenture and appropriated to the payment of the Bonds by <br />the Indenture. <br />Section 6.02 Authorized Issuer Representative. The Issuer hereby authorizes the <br />Authorized Issuer Representative to take any and all actions on behalf of the Issuer in connection <br />with the Bonds as may be necessary or desirable over the term of the Bonds. <br />Section 6.03 Authority of the Issuer. The Issuer is authorized, pursuant to the <br />Constitution and laws of the State of Minnesota to issue the Bonds, to loan the proceeds thereof <br />to the Borrower, to execute this Indenture and assign and pledge to the Trustee the Trust Estate, <br />including the Loan Repayments, and to make the covenants as herein provided. All necessary <br />action and proceedings on its part to be taken for the execution and delivery of this Indenture <br />have been duly and effectively taken. <br />Section 6.04 Concerning the Loan Agreement. The Issuer will cooperate or permit the <br />Trustee to take such action as may be necessary or advisable to enforce the covenants, terms and <br />conditions of the Loan Agreement if such action shall, in the Trustee's discretion, be deemed to <br />be in the best interest of the Issuer or the Bondholders. <br />Section 6.05 To Observe All Covenants and Terms—Limitations on Issuer's <br />Obligations. The Issuer will faithfully observe and perform all the conditions, covenants and <br />requirements hereof. Under the Act, and it is expressly agreed that, the Issuer has no obligation <br />to levy taxes for, or make any advance or payment or incur any expense or liability from its
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