Laserfiche WebLink
immediately preceding the date of issuance of such parity debt, the <br />BORROWER's revenues are sufficient to pay its annual operating and <br />maintenance expenses, annual debt service on all outstanding indebtedness <br />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 <br />to any reserve funds required by this contract or by the lender(s) of any <br />indebtedness having a lien on the pledged revenues. The analysis of <br />revenues shall be based on the BoRROweR's current rate structure or the rate <br />structure most recently adopted. No more than 10% of total revenues may <br />originate from tap and/or connection fees. <br />The BoRROweR acknowledges and understands that any request for approval of <br />the issuance of additional debt must be reviewed and approved by the CWCB <br />Director prior to the issuance of any additional debt. <br />f. Annual Statement of Debt Coverage. Each year during the term of this contract, <br />the BoRROweR shall submit to the CWCB an annual audit report and a certificate of <br />debt service coverage from a Certified Public Accountant. <br />9. Coilateral During Loan Repayment. The BoRROweR shall not sell, convey, assign, <br />grant, transfer, mortgage, pfedge, encumber, or otherwise dispose of the Pledged <br />Revenues, so long as any of the principal, accrued interest, and late charges, if any, <br />on this loan remain unpaid, without the prior written concurrence of the CWCB. In the <br />event of any such sale, transfer or encumbrance without the CWCB'S written <br />concurrence, the CWCB may at any time thereafter declare all outstanding principal, <br />interest, and late charges, if any, on this loan immediately due and payable. <br />10. Release After Loan Is Repaid. Upon complete repayment to the CWCB of the entire <br />principal, ail accrued interest, and late charges, if any, as specified in the Promissory <br />Note, the CWCB agrees to release and terminate any and all of the CWCB's right, title, <br />and interest in and to the revenues pledged to repay this loan. <br />11. Warranties. <br />a. The BoRROweR warrants that, by acceptance of the loan under this contract and by <br />its representations herein, the BoRROwER shall be estopped from asserting for any <br />reason that it is not authorized or obligated to repay the loan to the CWCB as <br />required by this contract. <br />b. The BoRROweR warrants that it has not employed or retained any company or <br />person, other than a bona fide employee working solely for the BORROWER, to <br />solicit or secure this contract and has not paid or agreed to pay any person, <br />company, corporation, individual, or firm, other than a bona fide employee, any fee, <br />commission, percentage, gift, or other consideration contingent upon or resuiting <br />from the award or the making of this contract. <br />c. The BoRROweR warrants that the Pledged Revenues and collateral for this foan <br />are not encumbered by any other deeds of trust or liens of any party other than the <br />CWCB or in any other manner, except for any pre-existing lien(s) identified in <br />Section 5(Schedule of Existing Debt) of the Project Summary, which sets forth <br />the position of the lien created by this contract in relation to any existing lien(s). <br />Documentation establishing the relative priorities of said liens, if necessary, is <br />Page 4 of 10 <br />