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2020_0518_CCPacket
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2020_0518_CCPacket
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Roseville City Council
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Council Agenda/Packets
Meeting Date
5/18/2020
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Attachment B <br />(3) Business Days following receipt thereof by the Fiscal Agent. Upon final disbursement of all <br />amounts to be deposited in the Project Loan Fund, including all interest accrued therein, the Fiscal <br />Agent shall close the Project Loan Fund. <br />(e) Immediately prior to any mandatory prepayment of the Funding Loan pursuant to <br />Section 3.01(b)(i) hereof, any amount then remaining in the Project Loan Fund shall, at the written <br />direction of the Funding Lender Representative, be transferred to the Loan Prepayment Fund to <br />pay amounts due on the Funding Loan, if any. In addition, any amount remaining in the Project <br />Account of the Project Loan Fund following completion of the construction of the Project in <br />accordance with the Construction Continuing Covenant Agreement, evidenced by an instrument <br />signed by the Funding Lender Representative or the Servicer, shall be transferred to the Loan <br />Prepayment Fund and used to prepay the Funding Loan in accordance with Section 3.01(b)(ii) <br />hereof, unless the Fiscal Agent receives an opinion of Bond Counsel (which shall also be addressed <br />to the Funding Lender Representative) to the effect that a use of such money for other than <br />prepayment of the Funding Loan will not adversely affect the tax exempt status of interest earned <br />on the Governmental Note; provided, that any amounts in the Project Account of the Project Loan <br />Fund in excess of the amount needed to fund the related prepayment of the Funding Loan shall be <br />transferred to the Rebate Fund. In the event there are funds remaining in the Borrower Equity <br />Account following completion of the construction of the Project in accordance with the <br />Construction Continuing Covenant Agreement and the Conversion Date has occurred, and <br />provided no default by the Borrower exists under this Funding Loan Agreement or any Project <br />Loan Document, such funds shall be paid by the Fiscal Agent to the Borrower at the written <br />direction of the Funding Lender Representative or the Servicer. <br />(f) Amounts on deposit in the Project Loan Fund shall be invested as provided in <br />Section 4.08 hereof. All Investment Income on amounts on deposit in the Project Loan Fund shall <br />be retained in and credited to and become a part of the amounts on deposit in the Project Loan <br />Fund, and shall constitute part of any transfers required by subsection (b) or (e) of this Section <br />4.02. <br />Section 4.03 Application of Revenues. <br />(a) All Revenues received by the Fiscal Agent shall be deposited by the Fiscal Agent, <br />promptly upon receipt thereof, to the Revenue Fund, except (i) the proceeds of the Funding Loan <br />received by the Fiscal Agent pursuant to Section 2.01(b), which shall be applied in accordance <br />with the provisions of Section 2.11 hereof; (ii) as otherwise specifically provided in subsection (c) <br />of this Section 4.03 with respect to certain deposits into the Loan Prepayment Fund; (iii) with <br />respect to Investment Income to the extent required under the terms hereof to be retained in the <br />funds and accounts to which they are attributable; and (iv) with respect to amounts required to be <br />transferred between funds and accounts as provided in this Article IV. <br />(b) Subject to the extent of payments made in accordance with Section 2.12 hereof, on <br />each Interest Payment Date or any other date on which payment of principal of or interest on the <br />Funding Loan becomes due and payable, the Fiscal Agent, out of money in the Revenue Fund, <br />shall credit the following amounts to the following funds, but in the order and within the limitations <br />hereinafter indicated with respect thereto, as follows: <br /> 29 <br />12502516v3 <br /> <br />
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