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em <br />XEROX TELECOPIER 495 <br />• <br />NCV. 19 87 13:16 <br />212 986 3000+ <br />h.. _^,.. . ..i.7: .....I _.,v N <br />SUMMARY 01 CERTAIN PROVISIONS OF THE <br />BANK SECURITY DOCUMENTS <br />I. Stn"Y OF CERTAIN PROVISIONS of <br />THE REIM03UR ZNM AGREEMENT <br />:• 5 <br />All of the Letters of Credit will be issued under the same <br />Reimbursement Agreement and a default under the Reimbursement Agreement with <br />respect to any Project or any Letter of Credit could result in the termination <br />by the Bank of any or all of the Letters of Credit and a corresponding <br />acceleration of the Bonds of any or all of the Issues. Certain provisions of <br />the Reimbursement Agreement are summarised below. %hese summaries do not <br />purport to be complete or definitive and are qualified in their entirety by <br />reference to the full terms of the Reimbursement Agreement. <br />Reimbursement and Other Payment■ by the Company <br />Under the Reimbursement Agreement, the Company has agreed to reimburse <br />the Bank for all amounts that are drawn under each Letter of Credit. Such <br />reimbursement is required to be made on the date on which the Bank honors a <br />draw under such Letter of Credit, except that the Company has until the <br />earlier of the ninetieth (90th) day after such draw is honored or the <br />expiration or termination date of the Letter of Credit to reimburse the Bank <br />for liquidity drawn honored by the Bank to pay the purchase price of Bonds <br />tendered pursuant to the Indenture. The Company also agrees to pay to the <br />Bank (i) an initial and thereafter periodic fees with respect to each Letter <br />of Credit based on the available amount of such Letter of Credit, (ii) certain <br />increased costs incurred by the Dank in issuing or maintaining any Letter of <br />Credit resulting from changes in applicable law or regulations, (iii) interest <br />on Letter of Credit draws funded by the Bank until reimbursement thereof by <br />the Company, and (iv) all other expenses of the Bank incurred in enforcing its <br />rights under the Reimbursement Agreement. All costs and expenses incurred by <br />the Bank in connection with the preparation and issuance of the Letters of <br />Credit and the Reimbursement Agreement, the Mortgages, the Pledge and Security <br />Agreement and the Guaranty Agreement are also to be paid by the Company. <br />Pledge of Credit Facility Bonds <br />As security for the payment of the obligations of the Company under the <br />Reimbursement Agreement, the Company will pledge to the Bank any and all <br />Credit Facility Bonds pursuant to the terms of the Reimbursement Agreement and <br />the Pledge and Security Agreement dated as of December 1, 1987 (the "Pledge <br />and Security Agreement") between the Company and the Bank. Credit Facility <br />Bonds will be released from such pledge and delivered to the Company or on its <br />order upon payment to the Bank of the amount of the drawing under the Letter <br />of Credit made with respect to payment of the purchase price of such Credit <br />Facility Bonds, plus the amount of the drawing fee related to such drawing and <br />all interest on such drawing as provided in the Reimbursement Agreement to and <br />through the data of such payment to the Bank. <br />D-1 <br />