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CT2018-2028 Contract
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CT2018-2028 Contract
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2/28/2018 1:22:05 PM
Creation date
2/28/2018 1:21:49 PM
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Loan Projects
Contract/PO #
CT2018-2028
Contractor Name
Left Hand Water District
Contract Type
Loan
Loan Projects - Doc Type
Contract Documents
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• <br /> coming due on the next succeeding interest payment date for the respective <br /> obligations; <br /> SECOND, to the credit of or deposit in the accounts or subaccounts <br /> established for the payment of principal on the Note, the Parity Lien Obligations <br /> and any Future Parity Obligations, the Pro Rata Portion equal to the principal <br /> coming due on the next succeeding principal payment date for the respective <br /> obligations; <br /> THIRD, to the credit of any reserve accounts established for the payment <br /> of the Note, the Parity Lien Obligations and any Future Parity Obligations the <br /> amounts required in the resolutions or related documents authorizing and <br /> controlling the establishment of such reserve accounts; and <br /> FOURTH, to the credit of any other fund or account as may be designated <br /> by the District, to be used for any lawful purpose, any moneys remaining in the <br /> Water Enterprise Fund after the payments and accumulations set forth in FIRST <br /> through THIRD hereof. <br /> (d) The Note Does Not Constitute a Debt. CWCB may not look to any <br /> general or other fund of the District for the payment of the principal of or interest on the <br /> Note, except the funds and accounts pledged thereto pursuant to authority of this <br /> Resolution, and the Note shall not constitute a debt or an indebtedness of the District <br /> within the meaning of any constitutional or statutory provision or limitation; nor shall <br /> they be considered or held to be a general obligation of the District. <br /> Section 5. Various Findings, Determinations, Declarations and Covenants. The <br /> Board, having been fully informed of and having considered all the pertinent facts and <br /> circumstances, hereby reaffirms the covenants set forth in the Loan Contract and further finds, <br /> determines, declares and covenants that: <br /> (a) Additional Obligations. No bonds, notes, interim securities or other <br /> obligations shall be issued payable from the Net Revenues and having a lien thereon <br /> which is on a parity with or subordinate to the lien of the Note unless the requirements set <br /> forth in Section 14(E)of the Loan Contract have been met. <br /> (b) Note Account. Moneys in the Note Account shall be used solely for the <br /> purpose of paying the interest on and principal of the Note on each Payment Date. Upon <br /> the determination that the Project is substantially complete the District shall, on or before <br /> the last day of each month, credit to the Note Account from the Net Revenue an amount <br /> equal to the Pro Rata Portion of the interest and principal to come due on the Note on the <br /> next succeeding Payment Date. In the event of insufficient Net Revenue, moneys shall <br /> be first applied to the payment of interest. <br /> (c) Reserve Account. <br /> (i) Use of Moneys in the Reserve Account. Moneys in the Reserve <br /> Account shall be used, if necessary, only to prevent a default in the payment of <br /> 6 <br /> 4828-5273-6853.1 <br />
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