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11-13-2024 Council Packet
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11-13-2024 Council Packet
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<br />A-4 <br /> <br />14. Default Rate. So long as (a) any monthly installment under this Governmental <br />Note remains past due, or (b) any other Event of Default has occurred and is continuing, interest <br />under this Governmental Note shall accrue on the unpaid principal balance from the earlier of the <br />due date of the first unpaid monthly installment or the occurrence of such other Event of Default, <br />as applicable, at a rate (the “Default Rate”) equal to the lesser of (i) the Construction Phase Interest <br />Rate or Permanent Phase Interest Rate, as applicable, otherwise in effect notwithstanding the <br />default plus four percent (4%) per annum or (ii) the Maximum Interest Rate. If the unpaid principal <br />balance and all accrued interest are not paid in full on the Maturity Date, the unpaid principal <br />balance and all accrued interest shall bear interest from the Maturity Date at the Default Rate. <br />15. Limited Obligation. This Governmental Note is a special, limited obligation of the <br />Obligor payable solely from the Pledged Security and any other revenues, funds and assets pledged <br />under the Funding Loan Agreement and not from any other revenues, funds or assets of the <br />Obligor. This Governmental Note is not a general obligation, debt, or bonded indebtedness of the <br />Obligor, the State or any political subdivision thereof (other than of the Obligor to the limited <br />extent set forth in the Funding Loan Agreement) and the holder of this Governmental Note does <br />not have the right to have any excises or taxes levied by the Obligor, the State, or any political <br />subdivision thereof for the payment of the principal of and any Prepayment Premium and interest <br />on this Governmental Note. None of the Obligor, the State, or any political subdivision of the <br />State will be obligated to pay the principal of and the interest on this Governmental Note or other <br />costs incident thereto except from the Pledged Security pledged under the Funding Loan <br />Agreement. No provision, covenant, or agreement contained in this Governmental Note or the <br />Funding Loan Agreement, or any obligation herein or therein imposed upon the Obligor, or the <br />breach thereof, shall constitute or give rise to or impose a liability upon the Obligor (except from <br />the Pledged Security), or upon any of its officers, employees, or agents, or constitute a charge upon <br />the Obligor’s general credit or taxing powers; provided that nothing contained herein or in the Act <br />impairs the rights of the Fiscal Agent to enforce the covenants made for the security of the Obligor <br />as provided herein and in the Act. Any recourse for a cause of action under this Governmental <br />Note or the Funding Loan Agreement shall be payable solely from the Pledged Security, and the <br />agreement of the Obligor to perform or cause the performance of the covenants and other <br />provisions herein referred to shall be subject at all times to the availability of revenues or other <br />funds furnished for such purpose in accordance with the Project Loan Agreement, sufficient to pay <br />all costs of such performance or the enforcement thereof.
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