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<br />-29- <br /> <br />ARTICLE V <br /> <br />OTHER COVENANTS OF THE SUCCESSOR AGENCY <br /> <br />Section 5.01. Punctual Payment. The Successor Agency shall punctually pay or cause <br />to be paid the principal and interest to become due in respect of all the Bonds together with the <br />premium thereon, if any, in strict conformity with the terms of the Bonds and of this Indenture. <br />The Successor Agency shall faithfully observe and perform all of the conditions, covenants and <br />requirements of this Indenture and all Supplemental Indentures and the Bonds. Nothing herein <br />contained shall prevent the Successor Agency from making advances of its own moneys <br />howsoever derived to any of the uses or purposes referred to herein. <br /> <br />Section 5.02. Limitation on Additional Indebtedness; Against Encumbrances. The <br />Successor Agency hereby covenants that, so long as the Bonds are Outstanding, the Successor <br />Agency shall not issue any bonds, notes or other obligations, enter into any agreement or <br />otherwise incur any indebtedness, which is in any case payable from all or any part of the Tax <br />Revenues, excepting only as provided in this Section 5.02. <br /> <br />The Successor Agency hereby covenant that it will not otherwise encumber, pledge or <br />place any charge or lien upon any of the Tax Revenues or other amounts pledged to the Bonds <br />superior or on parity to the pledge and lien herein created for the benefit of the Bonds, other than <br />Parity Debt issued in accordance with Section 3.05 hereof. <br /> <br />Nothing herein shall prevent the Successor Agency from issuing and selling Subordinate <br />Debt. Any Subordinate Debt that is issued as bonds or incurred in the form of a loan shall be <br />payable on the same dates as the Bonds. <br /> <br />Section 5.03. Extension of Payment. The Successor Agency will not, directly or indirectly, <br />extend or consent to the extension of the time for the payment of any Bond or claim for interest <br />on any of the Bonds and will not, directly or indirectly, be a party to or approve any such <br />arrangement by purchasing or funding the Bonds or claims for interest in any other manner. In <br />case the maturity of any such Bond or claim for interest shall be extended or funded, whether or <br />not with the consent of the Successor Agency, such Bond or claim for interest so extended or <br />funded shall not be entitled, in case of default hereunder, to the benefits of this Indenture, except <br />subject to the prior payment in full of the principal of all of the Bonds then Outstanding and of all <br />claims for interest which shall not have been so extended or funded. <br /> <br />Section 5.04. Payment of Claims. The Successor Agency shall promptly pay and <br />discharge, or cause to be paid and discharged, any and all lawful claims for labor, materials or <br />supplies which, if unpaid, might become a lien or charge upon the properties owned by the <br />Successor Agency or upon the Tax Revenues or other amounts pledged to the payment of the <br />Bonds, or any part thereof, or upon any funds in the hands of the Trustee, or which might impair <br />the security of the Bonds. Nothing herein contained shall require the Successor Agency to make <br />any such payment so long as the Successor Agency in good faith shall contest the validity of said <br />claims. <br /> <br />[In order to ensure that the Successor Agency will not need to use Tax Revenues to make <br />payments owed by the Successor Agency under the Development Agreement, for so long as any <br />amounts are owed thereunder, the Successor Agency shall continue to segregate from its funds <br />on hand an amount sufficient to pay the gross amount owed under the Development Agreement. <br />455