Ordinance 2002-162 - Laserfiche WebLink

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(1) the cost of reproducing this Loan Agreement; (2) the reasonable fees and disbursements of Counsel utilized by the Council, the Trustee and the Bond Insurer in connection with the Loan, this Loan Agreement and the enforcement thereof; (3) reasonable extraordinary fees of the Trustee following an Event of Default hereunder; (4) all other reasonable out-of-pocket expenses of the Trustee and the Council in connection with the Loan, this Loan Agreement and the enforcement thereof; (5) all taxes (including any recording. and filing fees) in connection with the execution and delivery ofthis Loan Agreement and the pledge and assignment of the Council's right, title and interest in and to the Loan and the Loan Agreement, pursuant to the Indenture (and with the exceptions noted therein), and all expenses, including reasonable attorneys' fees, relating to any amendments, waivers, consents or collection or enforcement proceedings pursuant to the provisions hereof; (6) all reasonable fees and expenses of the Bond Insurer relating directly to the Loan; and (7) the Borrower's share of any amounts owed to the United States of America as rebate obligations on the Bonds related to the Borrower=s Loan, which obligation shall survive the termination of this Loan Agreement. (c) For deposit to the Reserve Fund held by the Trustee an amount equal to any amount drawn from the Surety Bond in the Reserve Fund due to the Borrower's failure to pay its Basic Payments in accordance with Section 5.01 hereof, at the times and in the manner and together with interest and expense due thereon all as provided in Section 4.08(a) of the Indenture undertaken in order to reinstate the Surety Bond. The Borrower shall repay such amount drawn from the Reserve Fund due to the Borrower=s failure to pay its Basic Payments with the first available funds after payment ofthe current Loan Repayment. The Borrower shall repay only the amount drawn due to its failure to pay its Basic Payment. SECTION 5.04. Interest Earnings or Investment Losses and Excess Payments. (a) On each Interest Payment Date the Trustee shall credit against Borrower's obligation to pay its Loan Repayments, Borrower's share of any interest earnings which were received during the prior Interest Period by the Trustee on the Funds and Accounts held under the Indenture, or shall increase the Borrower=s obligation to pay its Loan Repayment, by Borrower=s share of any investment losses which were incurred during the prior Interest Period on the Funds and Accounts held under the Indenture. 21