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11-13-2024 Council Packet
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11-13-2024 Council Packet
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135242345v3 <br /> <br /> <br />43 <br />Section 6.05 Application of Money After Default. All money collected by Fiscal Agent <br />at any time pursuant to this Article VI shall, except to the extent, if any, otherwise directed by a <br />court of competent jurisdiction, be credited by Fiscal Agent to the Revenue Fund. Such money so <br />credited to the Revenue Fund and all other money from time to time credited to the Revenue Fund <br />shall at all times be held, transferred, withdrawn and applied as prescribed by the provisions of <br />Article IV hereof and this Section 6.05. <br />In the event that at any time the money credited to the Revenue Fund, the Loan Payment <br />Fund and the Loan Prepayment Fund available for the payment of interest or principal then due <br />with respect to the Governmental Note shall be insufficient for such payment, such money shall <br />be applied as follows and in the following order of priority: <br />(a) For payment of all amounts due to Fiscal Agent incurred in performance of <br />its duties under this Funding Loan Agreement, including, without limitation, the payment <br />of all of Fiscal Agent’s Extraordinary Fees and Expenses incurred in exercising any <br />remedies under this Funding Loan Agreement. <br />(b) To the extent directed in writing by Funding Lender Representative, to the <br />reimbursement of any unreimbursed advances made by or on behalf of Funding Lender <br />pursuant to the Continuing Covenant Agreement or the Security Instrument. <br />(c) Unless the full principal amount of the Funding Loan shall have become or <br />have been declared due and payable: <br />FIRST, to Funding Lender, all installments of interest then due on the Funding <br />Loan in the order of the maturity of such installments; and <br />SECOND, to Funding Lender, unpaid principal of and Prepayment Premium, if <br />any, on the Funding Loan which shall have become due, whether at maturity or by call for <br />prepayment, in the order in which they became due and payable. <br />(d) If the full principal amount of the Governmental Note shall have become or <br />have been declared due and payable, to Funding Lender for the payment of the principal <br />of, Prepayment Premium, if any, and interest then due and unpaid on the Funding Loan <br />without preference or priority of principal over interest or of interest over principal, or of <br />any installment of interest over any other installment of interest. <br />Section 6.06 Remedies Not Exclusive. No right or remedy conferred upon or reserved <br />to Fiscal Agent, Funding Lender or Funding Lender Representative by the terms of this Funding <br />Loan Agreement is intended to be exclusive of any other right or remedy, but each and every such <br />remedy shall be cumulative and shall be in addition to every other right or remedy given to Fiscal <br />Agent, Funding Lender or Funding Lender Representative under this Funding Loan Agreement or <br />existing at law or in equity or by statute (including the Act). <br />Section 6.07 Fiscal Agent May Enforce Rights Without Governmental Note. All <br />rights of action and claims, including the right to file proof of claims, under this Funding Loan <br />Agreement may be prosecuted and enforced by Fiscal Agent at the written direction of Funding <br />Lender Representative without the possession of the Governmental Note or the production thereof
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