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11-13-2024 Council Packet
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11-13-2024 Council Packet
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12/12/2024 5:24:06 PM
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135242317v3 <br /> <br /> <br />20 <br /> <br />(viii) To the Rebate Analyst, the reasonable fees and expenses of such <br />Rebate Analyst in connection with the computations relating to arbitrage rebate <br />required under the Funding Loan Agreement and this Project Loan Agreement <br />when due from time to time. <br />(ix) To Funding Lender Representative, any amount due and owing to <br />Funding Lender Representative from time to time but unpaid under the Continuing <br />Covenant Agreement. <br />(x) To Loan Servicer, the amount of any portion of the Servicing Fee <br />remaining unpaid and any fees, costs and expenses of Loan Servicer as provided in <br />the Continuing Covenant Agreement. <br />(xi) To Loan Servicer, the amounts required to be deposited in respect <br />of reserves and impositions required under the Continuing Covenant Agreement <br />and the other Project Loan Documents. <br />(xii) If Fiscal Agent is collecting and remitting loan payments under the <br />Funding Loan Agreement, to Fiscal Agent, within two (2) Business Days of receipt <br />from Fiscal Agent of a notice of deficiency in the Administration Fund as provided <br />in Section 4.06 of the Funding Loan Agreement, the amount of any such deficiency <br />in the Administration Fund. <br />Section 4.03 Payments to Rebate Fund. Borrower shall pay when due to Fiscal Agent <br />at the Principal Office of Fiscal Agent any amount required to be deposited in the Rebate Fund in <br />accordance with Section 4.10 of the Funding Loan Agreement. <br />Section 4.04 Prepayment. <br />(a) Optional Prepayment of the Project Loan. Borrower shall have the option <br />to prepay the Project Loan in whole, together with all accrued and unpaid interest thereon, <br />as provided in the Project Note. <br />(b) Mandatory Prepayment of the Project Loan. Borrower shall be required to <br />prepay all or a portion of the outstanding principal balance of the Project Loan, together <br />with accrued interest thereon, and together with any Prepayment Premium due under the <br />Project Note, as provided in the Project Note. Additionally, Borrower shall be required to <br />prepay all or a portion of the outstanding principal balance of the Project Loan, together <br />with accrued interest thereon, and together with any Prepayment Premium due under the <br />Project Note, in connection with any of the following: <br />(i) In part, in the event Borrower makes a Pre-Conversion Loan <br />Equalization Payment. <br />(ii) In whole, on or after the Forward Commitment Maturity Date, at the <br />written direction of Initial Funding Lender, if the Conversion Notice is not issued <br />by Seller/Servicer prior to the Forward Commitment Maturity Date.
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