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CT2018-1999 Contract
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CT2018-1999 Contract
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1/10/2018 1:06:01 PM
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Loan Projects
Contract/PO #
CT2018-1999
Contractor Name
Centenial Irrigating Ditch Company
Contract Type
Loan
Loan Projects - Doc Type
Contract Documents
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14. PLEDGE OF REVENUES. <br /> The Borrower irrevocably (but not exclusively) pledges to the CWCB, for the purpose of <br /> repaying the Total Loan Amount, the Pledged Revenues, in such amount as is necessary to make <br /> each annual payment due under this Contract. Such pledge of the Pledged Revenues is on parity <br /> with the debt identified in Section 5 of Appendix 1 (Schedule of Existing Debt) and any <br /> additional indebtedness that may be secured by the Pledged Revenues in the future that is <br /> incurred in accordance with Section 14.E., hereof, and together with the Existing Parity Debt, <br /> shall be the Borrower's"Parity Indebtedness." <br /> A. Segregation of Pledged Revenues. The Pledged Revenues shall be accounted for and <br /> maintained in an account separate from other Borrower revenues at all times. The Pledged <br /> Revenues shall be used first to pay debt service on the Total Loan Amount and all other <br /> Parity Indebtedness on an equal basis and thereafter may be used for any and all other <br /> expenses. <br /> B. Establish Security Interest. The Borrower has duly executed a Security Agreement, <br /> (attached as Appendix 5) and incorporated herein,to provide a security interest to the CWCB <br /> in the Pledged Revenues. The lien of this Contract on the Pledged Revenues shall have <br /> priority over all other competing claims with respect to the Pledged Revenues, except for <br /> the parity lien on the Pledged Revenues of any Parity Indebtedness. <br /> C. Assessment Covenant. Pursuant to its statutory authority and as permitted by law, the <br /> Borrower shall take all necessary actions consistent therewith during the term of this <br /> Contract to establish, levy and collect rates, charges and fees as described in Appendix 5, in <br /> amounts sufficient to pay this loan as required by the terms of this Contract and the <br /> Promissory Note, to cover all expenditures for operation and maintenance and emergency <br /> repair services, and to maintain adequate debt service reserves. <br /> D. Debt Service Reserve Account or Fund. To establish and maintain the debt service reserve <br /> account or fund, the Borrower shall deposit an amount equal to one-tenth of an annual <br /> payment into its debt service reserve account or fund on the due date of its first annual loan <br /> payment and annually thereafter for the first ten years of repayment of this loan. In the event <br /> that the Borrower applies funds from this account to repayment of the loan, the Borrower <br /> shall replenish the account within ninety (90) days of withdrawal of the funds. The debt <br /> service reserve account or fund requirement is in effect until the loan is paid in full. <br /> E. Additional Debts or Bonds. The Borrower shall not issue any indebtedness payable from <br /> the Pledged Revenues and having a lien thereon which is superior to the lien of this loan. <br /> The Borrower may issue parity debt only with the prior written approval of the CWCB, <br /> provided that: <br /> i. The Borrower is currently and at the time of the issuance of the parity debt in <br /> substantial compliance with all of the obligations of this Contract, including, but not <br /> limited to, being current on the annual payments due under this Contract and in the <br /> accumulation of all amounts then required to be accumulated in the Borrower's debt <br /> service reserve fund; <br /> Page 7 of 19 <br /> Contract Number:CT2018-1999 <br />
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