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135242345v3 <br /> <br /> <br />29 <br />provider of a Qualified Investment to make withdrawals as necessary to fund the <br />Requisition. <br />Notwithstanding anything to the contrary contained herein, during any period in <br />which an Event of Default has occurred and is then continuing under the Loans or any <br />Financing Document (notice of which default has been given in writing by Funding Lender <br />Representative or Loan Servicer to Fiscal Agent and Governmental Lender, and Fiscal <br />Agent shall be entitled to conclusively rely on any such written notice as to the occurrence <br />and continuation of such a default), no signature of an Authorized Officer of Borrower <br />shall be required for any Requisition duly signed by an Authorized Officer of Loan <br />Servicer. <br />(d) If a Requisition signed by an Authorized Officer of Borrower and <br />countersigned by an Authorized Officer of Loan Servicer or (as permitted hereunder) solely <br />by an Authorized Officer of Loan Servicer, is received by Fiscal Agent, the requested <br />disbursement shall be paid by Fiscal Agent as soon as practicable, but in no event later than <br />three (3) Business Days following receipt thereof by Fiscal Agent. Upon final disbursement <br />of all amounts on deposit in the Project Loan Fund, including all interest accrued therein, <br />Fiscal Agent shall close the Project Loan Fund. <br />(e) Immediately prior to any mandatory prepayment of the Funding Loan <br />pursuant to Section 3.01(b)(i) hereof, any amount then remaining in the Project Loan Fund <br />shall, at the written direction of Funding Lender Representative, be transferred to the Loan <br />Prepayment Fund to pay amounts due on the Funding Loan, if any. In addition, any amount <br />remaining in the Project Account of the Project Loan Fund following completion of the <br />construction of the Project in accordance with the Construction Continuing Covenant <br />Agreement, evidenced by an instrument signed by Funding Lender Representative or Loan <br />Servicer, shall be transferred to the Loan Prepayment Fund and used to prepay the Funding <br />Loan in accordance with Section 3.01(b)(ii) hereof, unless Fiscal Agent receives an opinion <br />of Bond Counsel (which shall also be addressed to Funding Lender Representative) to the <br />effect that a use of such money for other than prepayment of the Funding Loan will not <br />adversely affect the tax-exempt status of the Governmental Note; provided, that any <br />amounts in the Project Account of the Project Loan Fund in excess of the amount needed <br />to fund the related prepayment of the Funding Loan shall be transferred to the Rebate Fund. <br />In the event that (i) there are funds remaining in the Borrower Equity Account following <br />completion of the construction of the Project in accordance with the Construction <br />Continuing Covenant Agreement (as evidenced by an instrument signed by Funding <br />Lender Representative), (ii) the Conversion Date has occurred, and (iii) no default by <br />Borrower exists under this Funding Loan Agreement or any of the Project Loan <br />Documents, such funds shall be paid by Fiscal Agent to Borrower at the written direction <br />of Funding Lender Representative or Loan Servicer. <br />(f) Amounts on deposit in the Project Loan Fund shall be invested as provided <br />in Section 4.07 hereof. All Investment Income on amounts on deposit in the Project Loan <br />Fund shall be retained in and credited to and become a part of the amounts on deposit in <br />the Project Loan Fund, and shall constitute part of any transfers required by subsection (b) <br />or (e) of this Section 4.02.