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RE-BID ITB # 23-10-01 JOINT PROCUREMENT CENTRAL ISLAND
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(23-10-01) Re-Bid Joint Procurement with NMB Central Island Drainage Improvements
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RE-BID ITB # 23-10-01 JOINT PROCUREMENT CENTRAL ISLAND
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10/13/2023 1:29:03 PM
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SCHEDULE VIII <br />ADDITIONAL BONDS TEST <br />Set forth below is Section 6.02 of the Master Resolution as of the Effective Date. All capitalized <br />terms used below in this Schedule VIII have the meanings assigned to such terms in the Master <br />Resolution. All section references made below in this Schedule VIII refer to sections in the Master <br />Resolution. <br />Section 6.02. Issuance of Bonds. The Issuer may issue one or more Series of Bonds for any <br />one or more of the following purposes: financing the Cost of Project, or the completion thereof or <br />refunding any or all Outstanding Bonds or any Subordinated Indebtedness or other debt of the <br />Issuer or any other purpose permitted by law. Additional Bonds shall be deemed to have been <br />issued pursuant to this Resolution the same as any Outstanding Bonds, and all of the other <br />covenants and other provisions of this Resolution (except as to details of such Additional Bonds <br />inconsistent therewith) shall be for the equal benefit, protection and security of the Holders of all <br />Bonds issued pursuant to this Resolution; provided, however, any Supplemental Resolution <br />authorizing the issuance of Bonds may provide that any of the covenants herein contained will not <br />be applicable to such Bonds, provided that such provision shall not, in the opinion of Bond <br />Counsel, adversely affect the rights of the Holders of any Bonds which shall then be Outstanding. <br />Except as provided in Sections 4.02 and 4.05 hereof, all Bonds, regardless of the time or times of <br />their issuance, shall rank equally with respect to their lien on the Pledged Funds and their sources <br />and security for payment therefrom without preference of any Bonds over any other; provided, <br />however, that the Issuer shall include a provision in any Supplemental Resolution authorizing the <br />issuance of Variable Rate Bonds pursuant to this Section 6.02 that in the event the principal thereof <br />is accelerated due to such Bonds being held by the issuer of a Credit Facility, the lien of such <br />Bonds on the Pledged Funds shall be subordinate in all respects to the pledge of the Pledged Funds <br />created by this Resolution. No such Additional Bonds shall be issued by the Issuer, as the case <br />may be, unless the following conditions are compiled with: <br />(A) The Issuer shall certify that it is current in all deposits into the various funds <br />and accounts established hereby and all payments theretofore required to have been deposited or <br />made by it under the provisions of this Resolution and has complied with the covenants and <br />agreements of this Resolution. <br />(B) There shall have been obtained and filed with the Issuer a certificate of an <br />Authorized Issuer Officer: (1) stating that such Authorized Issuer Officer has examined the books <br />and records of the Issuer relating to the collection and receipt of Gross Revenues and relating to <br />Operating Expenses; (2) setting forth the amount of Net Revenues, for the most recent Fiscal Year <br />for which audited financial statements for the System are available or any twelve (12) consecutive <br />months selected by the Issuer of the twenty four (24) months immediately preceding the issuance <br />of such Additional Bonds; and (3) stating that such Net Revenues, adjusted as provided in Section <br />6.02(E) hereof, equal at least 1.20 times the Maximum Debt Service Requirement for all <br />Outstanding Bonds and such Additional Bonds then proposed to be issued. <br />(C) In computing Maximum Debt Service Requirement for purposes of this <br />Section 6.02, the interest rate on outstanding Variable Rate Bonds, and on additional parity <br />Variable Rate Bonds then proposed to be issued, shall be calculated as provided in the definition <br />of Debt Service Requirement. <br />SCHEDULE VIII-1 <br /> <br />
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