CT2016-1696 Contract Amend 2 - Laserfiche WebLink

Home Browse Search

materials and supplies for current operation; provided however, that there shall be excluded from Operation and Maintenance Expenses any allowance for depreciation, payments in lieu of taxes or franchise fees, legal liabilities not based on contract, expenses incurred in connection with Capital Improvements, payments due in connection with any bonds or other obligations issued to provide Capital Improvements, and charges for the accumulation of reserves. "Original Loan" means the loan made by the CWCB to the District pursuant to the Original Loan Contract. "Original Loan Contract" means the Loan Contract dated as of July 21, 2008 between the District and the CWCB, including the Security Agreement and Project Summary appended thereto. "Original Note"means the Promissory Note dated as of July 21, 2008 from the District to the CWCB evidencing the Original Loan. "Parity Lien Bonds" means, collectively: (a) the Prior Parity Obligations; and (b) one or more series of additional bonds, notes, interim securities, or other obligations having a lien on the Adjusted Net Revenue on a parity with the lien pledged to the CWCB in the Loan A Contract and the Loan B Contract that are issued by the District in conformance with the provisions of the Loan A Contract, the Loan B Contract, and the District resolutions and other documents governing the Prior Parity Obligations. "Prior Parity Obligations" means, collectively: (a) the Loan Agreement dated June 1, 2008 between the District and the Colorado Water Resources and Power Development Authority (the "CWRPDA"), and Governmental Agency Bond issued pursuant thereto, and the resolution of the District authorizing the execution and delivery thereof; (b) the Loan Agreement (2009 ARRA Program) dated as of September 4, 2009, as amended as of February 11, 2010, between the District and the CWRPDA, and Governmental Agency Bond issued pursuant thereto, and the resolution of the District authorizing the execution and delivery thereof, and the Loan Agreement (2009 Base Program) dated as of September 4, 2009, as amended as of February 11, 2010, between the District and the CWRPDA, and Governmental Agency Bond issued pursuant thereto, and the resolution of the District authorizing the execution and delivery thereof; and (c) the District's Enterprise Revenue Refunding Bonds, Series 2015. "Project" is defined in the Agreement to Restructure. "Reserve Accounts" means, collectively, the "debt service reserve account or fund" provided for in each of the Loan Contracts. "Resolution"means this Resolution, including any amendments properly made hereto. "Restructuring Project" means the restructuring of the cost of financing the Project as set forth in the Agreement to Restructure. "System" means all of the District's water and wastewater facilities and properties, now owned or hereafter acquired, whether situated within or without the District boundaries, including all present or future improvements, extensions, enlargements, betterments, 4848-5023-6722.3 APPENDIX E-2