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Financing- Trust Agreement
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Financing- Trust Agreement
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Last modified
9/19/2012 3:45:36 PM
Creation date
9/9/2011 4:19:16 PM
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Building
RecordID
10242
Title
Financing- Trust Agreement
Company
Marion County
BLDG Date
10/7/1998
Building
Courthouse Square
BLDG Document Type
Finance
Project ID
CS9801 Courthouse Square Construction
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1 (~) concurrently with the provison of such Credit Facility to the TrListee, an <br />? Intercreditor A~Treement must be executed and deli~~ered by the Trustee, the Insurer, the <br />3 pro~~ider of such Credit Facility and the provider(s) of any other Credit Facility or Credit <br />4 Facilities securing any Outstanding Additional Certificates. <br />5 <br />6 <br />7 SECTION 803. NOTICE TO S&P IF CREDIT FACILITI' UTILIZED, REPLACED OR TERNIINATED. In <br />8 the event that any Credit Facility (including but not limited to the Insurance Policy) is: (a) drawn <br />9 upon for the purpose of paying any amounts owing under an}~ Certificates; (b) replaced by another <br />lo Credit Facility; or (c) terminated or expires while any Certificates secured thereby remain <br />~ I Outstanding; then and in any such event the Trustee shall promptly give written notice thereof <br />t2 to S&P. <br />i~ <br />~a <br />i s ARTICLE IX <br />i 6 MISCELLANEOUS AGREEMENT PROVISIONS <br />» <br />I8 SECT~o1~ 901. LIMITATION OF RIGHTS. The Agreement shall be for the sole and exclusive <br />19 benefit of the Owners, the Trustee, the Insurer and the County. With the exception of rights herein <br />20 expressly conferred, nothing expressed in or to be implied from the Agreement or the Certificates <br />?~ is intended or shall be construed to give to any person other than the parties hereto, the Owners and <br />22 the County any legal or eauitable right, remedy or claim under or in respect to the Agreement. <br />~; <br />2~t SECT~o~ 902. SEVERABILITI'. If any provision of the Agreement is held to be in conflict <br />25 with any applicable statute or rule of law or is otherwise held to be unenforceable for any reason <br />26 whatsoever, such circumstances shall not have the effect of rendering the provision in question <br />27 inoperative or unenforceable in any other case or circumstance, or of rendering any other provision <br />28 or provisions herein contained invalid, inoperative or unenforceable to any extent whatsoever. <br />29 <br />3o The invalidity of any portion of the Agreement shall not affect any or all of the remaining <br />31 portions of the Agreement. <br />32 <br />3~ SECTION 903. NoTiCES. All notices or other communications hereunder shall be <br />3~ sufficiently given and shall be deemed given on the date shown as delivered when mailed by <br />35 registered or certified mail, postage prepaid, return receipt requested addressed to the County, the <br />36 Insurer, any other Credit Provider and the Trustee, as the case may be, at the addresses for each set <br />37 forth below or ~-hen personally served to the above at their respective addresses. A duplicate copy <br />38 of each such notice or other communication given hereunder to the Owners, the County, the Insurer, <br />3~ any other Credit Provider and the Trustee, as the case may be, shall also be given to the others. The <br />4o County, the Insurer, any other Credit Provider and the Trustee, as the case may be, may by notice <br />a l given hereunder desi~nate any further or different addresses to which subsequent notices or other <br />~t? communications hereunder shall be sent. For purposes of expediency, notices hereunder may be <br />FINANCItiG AND TRUST AGREEMENT P.acE 52 <br />
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