|
n
<br /> ii. The Borrower provides to the CWCB a Parity Certificate from independent certified
<br /> public accountant certifying that, based on an analysis of the Borrower's revenues, for
<br /> 12 consecutive months out of the 18 months immediately preceding the date of issuance
<br /> of such parity debt, the Borrower's revenues are sufficient to .ay its annual operating
<br /> and maintenance expenses, annual debt service on all outstand ng indebtedness having
<br /> a lien on the pledged revenues, including this loan, the ann al debt service on the
<br /> proposed indebtedness to be issued, and all required deposi s to any reserve funds
<br /> required by this Contract or by the lender(s) of any indebted -ss having a lien on the
<br /> pledged revenues. The analysi$ of revenues shall be based o the Borrower's current
<br /> rate structure or the rate structure most recently adopted. No more than 10% of total
<br /> revenues may originate from tap and/or connection fees;
<br /> iii. The Borrower acknowledges and understands that any req est for approval of the
<br /> issuance of additional debt must be reviewed and approved b the CWCB prior to the
<br /> issuance of any additional debt.
<br /> F. Pledged Revenues During Loan Repayment. The Borrower shall not sell, convey, assign,
<br /> grant, transfer, mortgage, pledge, encumber, or otherwise dispose .f the Pledged Revenues,
<br /> so long as any of the principal, accrued interest, and late charges, i any, on this loan remain
<br /> unpaid, without the prior written concurrence of the CWCB.
<br /> 15. PLEDGE OF PROPERTY
<br /> The Borrower irrevocably pledges to the CWCB,for purposes of repaym:nt of this loan,an interest
<br /> in the Pledged Property. The Pledged Property as further described in Se•tion 6(Loan Security)of
<br /> Appendix 1 is authorized by the Borrower's Authorizing Resolution, an. secured by the Deed of
<br /> Trust(attached as Appendix 6).
<br /> A. Pledged Property during Loan Repayment. The Borrower shal not sell, convey, assign,
<br /> grant,transfer,mortgage,pledge, encumber, or otherwise dispose .f the Pledged Property so
<br /> long as any of the principal, accrued interest, and late charges, i any, on this loan remain
<br /> unpaid, without the prior written concurrence of the CWCB. In t a event of any such sale,
<br /> transfer or encumbrance without the CWCB's written concurrenc-, the CWCB may at any
<br /> time thereafter declare all outstanding principal,interest,and late c arges,if any,on this loan
<br /> immediately due and payable.
<br /> 16. RELEASE AFTER LOAN IS REPAIDI
<br /> Upon complete repayment to the CWCB of the entire principal, all accrued interest, and late
<br /> charges, if any, as specified in the Promissory Note, the CWCB agree. to release and terminate
<br /> any and all of the CWCB's right,title,and interest in and to the Pledged i'evenues and the Pledged
<br /> Property.
<br /> 17. WARRANTIES
<br /> A. The Borrower warrants that, by acceptance of the loan under this Contract and by its
<br /> representations herein,the Borrower shall be estopped from asse ing for any reason that it is
<br /> not authorized or obligated to repay the loan to the CWCB as req ired by this Contract.
<br /> B. The Borrower warrants that it has not employed or retained any company or person, other
<br /> than a bona fide employee working solely for the Borrower,to so icit or secure this Contract
<br /> and has not paid or agreed to pay any person,company,corporatio ,individual,or firm,other
<br /> than a bona fide employee, any fee, commission, percentage, lift, or other consideration
<br /> contingent upon or resulting from the award or the making of thi• Contract.
<br /> Page 8 of 19
<br /> Contract Number:CT2019-2099
<br />
|