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any funds legally available for such purpose the principal
amount of all Bonds then outstanding plus accrued interest
and interest to accrue thereon to the next succeeding redemption
date which is more than sixty (60) days from the date of such ~
payment and the premium, if any, that may be due on redemption °
of the Bonds as provided in Section 11 of the Resolution and ~
all fees and expenses of the Trustee incurred and to be incurred
for its services in the payment of all outstanding Bonds and
coupons and in the conclusion of their services under this
Agreement and as provided in the Resolution, together with
any balance of moneys owed by the Company to the Trustee under
the provisions of Section 3.03, Section 4.06 or any other
Section of this Agreement, and the Issuer shall thereupon - ;
be entitled to obtain from the Trustee an assignment of all
of the Trustee's interest in any Mortgage or security agreement
created pursuant hereto, and the Issuer shall have the right
to recover from the Company the sums paid by the Issuer to
the Trustee under this Section, together with interest thereon
at the rate of ten.per centum (10$) per annum and its
collection expenses including attorneys' fees, by disposition
of the Company's interest in the Mortgaged Property and the
Project, in the same manner as provided for the disposition
of such property by the Trustee in Section 7.02 of this Agree-
ment. In the event a deficiency is still due on the balance ~
of the purchase price after such disposition, the Issuer may
collect such amounts, including its cost and counsel fees, by
appropriate suits at law or in equity.
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ARTICLE VIII ~
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FINANCING ADDITIONAL FACILITIES; ~
PARITY OBLIGATIONS
I In the Resolution the Issuer has reserved the right
~ to issue additional industrial development revenue bonds (hereinafter
~ referred to as additional obligations) upon request for same by
the Company, such additional obligations payable on a parity with
both the Bonds described in Section 1.01 hereof and with the
Concurrent Parity Bonds for the purpose of financing the acquisition,
construction and installation of additional facilities to ;
be situated on the Mortgaged Property, but the Issuer may ~
not be required or compelled to issue any such obligations.
In the event that the Issuer shall be willing to use its best
efforts to issue and sell such additional obligations the
parties hereto shall enter into an agreement supplementing -
this Agreement, in form acceptable to the Issuer's attorney,
bond counsel for the Issuer, and the Trustee's attorney, providing
for the payment by the Company to the Trustee of additional
sums sufficient to pay debt service and expenses with respect
to such additional obligations on the same basis as provided
in Section 3.03 h~reof with respect to the Bonds described
in Section 1.01 hereof, and making all other provisions hereof
applicable to such additional obligations except where different
provisions applicable to such additional obligations shall
~ have no adverse effect upon the inter.est of the holders of
~ the Bonds then outstanding, and such additional obligations
shall have such terr.is and be issued in the manner provided
in the Resolution.
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6001~ ?'ACE e7~ ~
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