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<br />'.{ <br /> <br />annual payment into its debt service reserve fund on the due date of its first annual <br />loan payment and annually thereafter for the first ten years of repayment of this <br />loan. In the event that the BORROWER applies funds from this account to <br />repayment of the loan, the BORROWER shall replenish the account within ninety <br />(90) days of withdrawal of the funds. <br /> <br />e. Additional Debts or Bonds. The BORROWER shall not issue any indebtedness <br />payable from the pledged revenues and having a lien thereon which is superior to <br />the lien of this loan. The BORROWER may issue parity debt only with the prior <br />written approval of the CWCB, provided that: <br /> <br />i. The BORROWER is currently and at the time of the issuance of the parity debt <br />in substantial compliance with all of the obligations of this contract, including, <br />but not limited to, being current on the annual payments due under this <br />contract and in the accumulation of all amounts then required to be <br />accumulated in the BORROWER'S debt service reserve fund; <br /> <br />ii. The BORROWER provides to the CWCB a Parity Certificate from an <br />independent certified public accountant certifying that, based on an analysis of <br />the BORROWER'S revenues, for 12 consecutive months out of the 18 months <br />immediately preceding the date of issuance of such parity debt, the <br />BORROWER'S revenues are sufficient to pay its annual operating and <br />maintenance expenses, annual debt service on all outstanding indebtedness <br />having a lien on the pledged revenues, including this loan, the annual debt <br />service on the proposed indebtedness to be issued, and all required deposits <br />to any reserve funds required by this contract or by the lender(s) of any <br />indebtedness having a lien on the pledged revenues. The analysis of <br />revenues shall be based on the BORROWER'S current rate structure or the rate <br />structure most recently adopted. No more than 10% of total revenues may <br />originate from tap and/or connection fees. <br /> <br />The BORROWER acknowledges and understands that any request for approval <br />of the issuance of additional debt must be reviewed and approved by the <br />CWCB Director prior to the issuance of any additional debt. <br /> <br />f. Annual Statement of Debt Coverage. Each year during the term of this contract, <br />the BORROWER shall submit to the eWCB an annual audit report and a certificate of <br />debt service coverage from a Certified Public Accountant. <br /> <br />g. Owners' Agreement. In accordance with the Agreement among Borrower and the <br />other owners of Prewitt Reservoir attached hereto as Appendix 5 ("Owners' <br />Agreement"), Borrower shall certify for collection from its landowner-members an <br />amount that, together with other revenues available therefore, including but not <br />limited to revenues on account of the Owners' Agreement, will be sufficient to <br />defray annual debt service on this loan and required debt service reserve deposits. <br /> <br />9. Pledged Revenues During Loan Repayment. The BORROWER shall not sell, <br />convey, assign, grant, transfer, mortgage, pledge, encumber, or otherwise dispose of <br />the Pledged Revenues, so long as any of the principal, accrued interest, and late <br /> <br />Loan Contract C150229 <br />Page 4 of 12 <br />