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CT2019-3706 Contract
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CT2019-3706 Contract
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Last modified
5/29/2019 4:12:03 PM
Creation date
5/29/2019 4:11:47 PM
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Loan Projects
Contract/PO #
CT2019-3706
Contractor Name
Tunnel Water Comapny, The
Contract Type
Loan
Loan Projects - Doc Type
Contract Documents
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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 (0.1) 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 or have a lien thereon which is superior to the lien of this loan. The <br /> Borrower may issue parity debt only with the prior written approval of the CWCB, provided <br /> that: <br /> i. The Borrower is currently and at the time of the issuance of the parity debt in substantial <br /> compliance with all of the obligations of this Contract, including, but not limited to, <br /> being current on the annual payments due under this Contract and in the accumulation <br /> of all amounts then required to be accumulated in the Borrower's debt service reserve <br /> fund; <br /> ii. The Borrower provides to the CWCB a Parity Certificate from an independent certified <br /> public accountant certifying that, based on an analysis of the Borrower's revenues, for <br /> twelve(12)consecutive months out of the eighteen(18)months immediately preceding <br /> the date of issuance of such parity debt, the Borrower's revenues are sufficient to pay <br /> its annual operating and maintenance expenses, annual debt service on all outstanding <br /> indebtedness having a lien on the pledged revenues,including this loan,the annual debt <br /> service on the proposed indebtedness to be issued, and all required deposits to any <br /> reserve funds required by this Contract or by the lender(s) of any indebtedness having <br /> a lien on the pledged revenues. The analysis of revenues shall be based on the <br /> Borrower's current rate structure or the rate structure most recently adopted. No more <br /> than ten percent(10%)of total revenues may originate from tap'and/or connection fees; <br /> iii. The Borrower acknowledges and understands that any request for approval of the <br /> issuance of additional debt must be reviewed and approved by 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 of the Pledged Revenues, <br /> so long as any of the principal, accrued interest, and late charges, if mny, on this loan remain <br /> unpaid, without the prior written concurrence of the CWCB. <br /> 12. PLEDGE OF PROPERTY <br /> The Borrower irrevocably pledges to the CWCB,for purposes of repayment of this loan,an interest <br /> in the Pledged Property. The Pledged Property as further described in Section 6(Loan Security)of <br /> Appendix 1 is authorized by the Borrower's Authorizing Resolution, and secured by the Deed of <br /> Trust(attached as Appendix 6). <br /> A. Pledged Property during Loan Repayment. The Borrower shall not sell, convey, assign, <br /> grant,transfer,mortgage,pledge,encumber, or otherwise dispose of the Pledged Property so <br /> long as any of the principal, accrued interest, and late charges, if any, on this loan remain <br /> unpaid, without the prior written concurrence of the CWCB. In the event of any such sale, <br /> transfer or encumbrance without the CWCB's written concurrence,the CWCB may at any <br /> Contract Number:CT2019-3706 Page 9 of 20 Version 0119 <br />
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