Laserfiche WebLink
delivery of this Agreement, provided no Event of Default <br /> shall have occurred and be at the time continuing. <br /> (b) As conditions to such reimbursement of Development <br /> Costs pursuant to the EDA Note, (i) the Authority shall have <br /> executed the Certificate of Completion, (ii) the Developer <br /> shall have submitted to the Authority such documentary proofs <br /> as shall be reasonably acceptable to the Authority <br /> demonstrating the final, as incurred, costs of the above- <br /> described Public Improvements and Site Improvements, and (iii) <br /> there shall have been satisfied all of the conditions <br /> precedent thereto provided in Section 3 .4 . <br /> (c) Subject to the provisions of the EDA Note, the <br /> principal of and interest on the EDA Note shall in the <br /> aggregate be payable on each February 1 and August 1, <br /> commencing with the first August 1 or February 1 (as the case <br /> may be) following the date of the Certificate of Completion, <br /> and continuing through February 1, 2014 (the "Payment Dates" ) , <br /> in the respective amount or amounts described in this <br /> subsection. The sole source of funds available for payment of <br /> the Authority' s obligations under this Section and <br /> correspondingly under the EDA Note shall be the Available Tax <br /> Increments . The amounts otherwise payable on the EDA Note on <br /> each Payment Date shall be limited to the Available Tax <br /> Increments received by the Authority within the preceding 6 <br /> months . All payments made on the EDA Note shall be applied <br /> first to pay accrued and unpaid interest on the EDA Note and <br /> second toward payment of principal . All amounts of Tax <br /> Increments which are not Available Tax Increments are not <br /> subject to this Agreement, and the Authority retains full <br /> discretion as to any authorized application thereof, regard- <br /> less of whether the Available Tax Increments are sufficient to <br /> reimburse the Developer in full for the above-described costs . <br /> To the extent that the Available Tax Increments are <br /> insufficient, through the final Payment Date (February 1, <br /> 2014) , to pay all accrued and unpaid interest on and the <br /> principal of the EDA Note, said unpaid amounts shall then <br /> cease to be any debt or obligation of the Authority <br /> whatsoever. <br /> (d) The unpaid principal of the EDA Note shall bear <br /> simple, non-compounded interest from the date of the <br /> Certificate of Completion at 8 . 006 per annum. Interest shall <br /> be computed on the basis of a 360-day year consisting of 12 <br /> months of 30 days each. <br /> (e) The EDA shall not endeavor to issue the EDA Note so <br /> that the interest thereon shall be exempt from federal or <br /> State income taxation, and the Parties accordingly anticipate <br /> that the EDA Note will be a "taxable" obligation. <br /> 334455.6 3-2 <br />