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(C) To deposit into the 8ond Fund and use as a credit
against the purchase price hereunder by the Trustee. In such
event, the Trustee shall, if possible, use such deposited funds
to redeem or purchase outstanding Bonds at a price not exceeding
the par value thereof plus accrued interest (or at such greater
price as the ~ompany in writing may consent to); provided that
no part of any such condemnation award may be applied for such j
purchase or redemption unless (1) all of the Bonds are to be
purchased or redeemed in accordance with the Resolution, or P
(2) in the event that less than all of the Bonds are to be '
purchased or redeemed, the Company shall furnish to the Trustee '
a certificate of the Consultant stating that (a) the property
forming a part of the Mortgaged Property or the Project that
was taken by such condemnation proceedings is not essential
to the Company's use or occupancy of the Mortgaged Property
and the Project, or (b)~the Mortgaged Property and the Project
have been restored to a condition substantially equivalent to
their condition prior to the taking by such condemnation proceed- ~
ings, or (c) improvements which are fully adequate for the
Company's operations at the Mortgaged Property have been ~
acquired and made a part of the Mortgaged Property. The purchase I
price described in Section 3.03 hereof shall be reduced to the ~
extent of such Bonds purchased or redeemed under the provisions
of this paragraph, with a corresponding reduction in affected
subsequent installments upon the purchase price.
(D) Whenever no Bonds shall remain outstanding under
the terms of the Resolution, or a balance of condemnation .
proceeds shall remain after a11 outstanding Bonds shall have ;
been redeemed and all expenses of the Trustee and the Issuer ~
have been paid, and when no Concurrent Parity 8onds remain '
outstanding, then to the Company.
The Company shall within ninety (90) days from the
date of entry of a final order in any eminent domain proceedings
granting condemnation, but not prior to the expiration of the
appeal period applicable to such final order, direct the
Issuer and the Trustee in writing as to which of the ways
specified in this Section the Company elects to have the
condemnation award applied. _
Any moneys held by the Trustee under the provisions ~
of this Section may, at the written request of the CoMpany,
~ be invested or reinvested by the Trustee, as specified by
' the Company in such request, in such investments as are authorized
for investment of Bond or Construction Fund moneys pursuant
! to the provisions of Section 15 of the Resolution, maturing
; not later than the date or dates specif-ied in writing by the
Consultant that such moneys shall be needed for the purposes
' herein provided. Any earnings or profits on.such investments
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shall be considered as part of the condemnation proceeds and
~ the amount of any losses on such investments shall be forthwith
~ rei.mbursed to the Trustee by the Company. f
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The Trustee shall cooperate fully with the Company in `
the handling and conduct of any prospective or pending
condemnation proceedings with respect to the Mortgaged Property
or the Project or any part thereof and will, to the extent it
may lawfully do so, permit the Company to control the defense
of the proceedings. If no default is continuing hereunder the
Company may voluntarily settle or consent to the settlement
of any prospective or pending condemnation proceedings with
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