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the Loan Agreement or the Promissory Note, all payments on the Promissory Note shall be in the full
amount required thereunder.
The Borrower and the Issuer each acknowledge in the Loan Agreement that neither the Borrower
nor the Issuer has any interest in the Bond Fund or the Collateral Fund and any money deposited therein
shall be in the custody of and held by the Trustee in trust for the benefit of the Holders.
Additional Payments
The Borrower shall pay to the Issuer or the Trustee, as the case may be, as Additional Payments
under the Loan Agreement, the following:
(a) To the Issuer or the Trustee, as the case may be, whether or not an Event of Default
has occurred under the Loan Agreement, as payment for or reimbursement or prepayment of any
and all costs, expenses, and liabilities (1) incurred or paid by the Issuer or the Trustee, as the case
may be, in satisfaction of any obligations of the Borrower under the Loan Agreement not performed
by the Borrower in accordance with the provisions thereof, (2) incurred as a result of a request by
the Borrower or of a requirement of any Borrower Document or the Indenture and not otherwise
required to be paid by the Borrower under the Loan Agreement, (3) incurred in the defense of any
action or proceeding with respect to the Project or any Borrower Document, or in enforcing any
Borrower Document, or arising out of or based upon any other document related to the issuance of
the Bonds, or (4) any rebate amount required with respect to the Bonds as required by the Indenture
or the Tax Certificate.
(b) To the applicable party, as payment for or reimbursement or prepayment of any
Ordinary Services and Ordinary Expenses and Extraordinary Services and Extraordinary Expenses
of the Trustee as trustee, registrar, authenticating agent and paying agent, and of any other paying
agent, authenticating agent, and registrar on the Bonds under the Indenture, all as provided in the
Indenture, as and when the same become due; provided that the Borrower may, without creating an
Event of Default under the Loan Agreement, contest in good faith the necessity for any
Extraordinary Services and Extraordinary Expenses and the amount of any such Ordinary Services,
Ordinary Expenses, Extraordinary Services or Extraordinary Expenses; provided that fees for
Ordinary Services provided for by the respective letter agreements agreed to by the Borrower and
the Trustee, the Registrar, and any Paying Agents and Authenticating Agents, respectively, shall
be considered to be customary.
(c) All Extension Payments and other sums required under the Indenture in order to
revise or extend the Mandatory Tender Date or remarket the Bonds, and the Borrower further agrees
to execute any and all certificates required by the Issuer, the Trustee or the Remarketing Agent in
order to effectuate such revision, extension or remarketing.
(d) To the Remarketing Agent, the Remarketing Agent Fee and any Remarketing
Expenses.
(e) To the Issuer in immediately available funds, upon demand, for all costs and
expenses, including without limitation reasonable attorneys’ fees, paid or incurred by the Issuer in
connection with (1) the discussion, negotiation, preparation, approval, execution and delivery of
the Bonds, the Indenture, the Regulatory Agreement, the Loan Agreement, and the documents and
instruments related thereto; (2) any amendments or modifications to any of the foregoing
documents, instruments or agreements and the discussion, negotiation, preparation, approval,
execution and delivery of any and all documents necessary or desirable to effect such amendments
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