C150312 PIF

• Contract/PO #: C150312
• Contractor Name: Swan's Nest Metropolitan District
• Contract Type: Loan
• Loan Projects - Doc Type: Contract Documents

loan. In the event that the BORROWER applies funds from this account to
repayment of the loan, the BORROWER shall replenish the account within ninety
(90) days of withdrawal of the funds.
e. Additional Debts or Bonds. The BORROWER shall not issue any indebtedness
payable from the pledged revenues and having a lien thereon which is superior to
the lien of this loan. The BORROWER may issue parity debt only with the prior
written approval of the CWCB, provided that:
i. The BORROWER is currently and at the time of the issuance of the parity debt
in substantial compliance with all of the obligations of this contract, including,
but not limited to, being current on the annual payments due under this
contract and in the accumulation of all amounts then required to be
accumulated in the BORROWER'S debt service reserve fund;
ii. The BORROWER provides to the CWCB a Parity Certificate from an
independent certified public accountant certifying that, based on an analysis of
the BORROWER'S revenues, for 12 consecutive months out of the 18 months
immediately preceding the date of issuance of such parity debt, the
BORROWER'S revenues are sufficient to pay its annual operating and
maintenance expenses, annual debt service on all outstanding indebtedness
having a lien on the pledged revenues, including this loan, the annual debt
service on the proposed indebtedness to be issued, and all required deposits
to any reserve funds required by this contract or by the lender(s) of any
indebtedness having a lien on the pledged revenues. The analysis of
revenues shall be based on the BORROWER'S current rate structure or the rate
structure most recently adopted. No more thOOlii t a revenues may
originate from tap and/or connection fees. r
The BORROWER acknowledges and understands that any reques for approval of
the issuance of additional debt must be re b e CWCB
Director prior to the issuance of any addition ; d
f. Annual Statement of Debt Coverage. Each year during th er s contract,
the BORROWER shall submit to the CWCB an annual audit report and a certificate of
debt service coverage from a Certified Public Accountant.
9. Pledged Revenues During Loan Repayment. The BORROWER shall not sell,
convey, assign, grant, transfer, mortgage, pledge, encumber, or otherwise dispose of
the Pledged Revenues except as otherwise expressly permitted by this Contract, so
long as any of the principal, accrued interest, and late charges, if any, on this loan
remain unpaid, without the prior written concurrence of the CWCB.
10. Release After Loan Is Repaid. Upon complete repayment to the CWCB of the entire
principal, all accrued interest, and late charges, if any, as specified in the Promissory
Note, the CWCB agrees to release and terminate any and all of the CWCB's right, title,
and interest in and to the Pledged Revenues.
11. Warranties.
Loan Contract C150312
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