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HomeMy WebLinkAboutExhibitDR4c4- o 7-1zn1o7- LOAN AGREEMENT By and Between SUNSHINE STATE GOVERNMENTAL FINANCING COMMISSION and CITY OF MIAMI, FLORIDA SUNSHINE STATE GOVERNMENTAL FINANCING COMMISSION REVENUE BONDS SERIES 1986 ($6,600,000) This Instrument Prepared By: Bryant Miller Olive P.A. 2 S. Biscayne Blvd. Suite 1480 Miami, Florida 33131 LOAN AGREEMENT TABLE OF CONTENTS RECITALS 1 ARTICLE I DEFINITIONS DEFINITIONS 3 ARTICLE II REPRESENTATIONS, WARRANTIES AND COVENANTS OF GOVERNMENTAL UNIT Section 2.01 Representations and Warranties 10 Section 2.02 Covenants of Governmental Unit 14 ARTICLE III THE LOAN Section 3.01 The Loan 20 Section 3.02 Loan 20 Section 3.03 Conversion to Fixed Mode 20 ARTICLE IV LOAN TERM AND LOAN CLOSING REQUIREMENTS Section 4.01 Commencement of Loan Term 21 Section 4.02 Termination of Loan Term 21 Section 4.03 Loan Closing Submissions 21 ARTICLE V LOAN PAYMENTS Section 5.01 Payment of Loan Payments 23 Section 5.02 Calculation of Loan Rate 23 Section 5.03 Payment of Additional Payments 24 Section 5.04 Credit for Interest Earnings 26 Section 5.05 Loan Payments 26 Section 5.06 Refunding Bonds 27 Section 5.07. Secondary Account 27 ARTICLE VI OPTION TO PREPAY LOAN PAYMENTS Option to Prepay Loan Payments 28 ARTICLE VII ASSIGNMENT AND PAYMENT BY THIRD PARTIES Section 7,01 Assignment by Commission 29 Section 7.02 Assignment by Governmental Unit 29 Section 7.03 Payments by Credit Facility Provider 29 ARTICLE VIII EVENTS OF DEFAULT AND REMEDIES Section 8.01 Events of Default Defined 30 Section 8.02 Notice of Default 31 Section 8.03 Remedies on Default 31 Section 8.04 Attorneys' Fees and Other Expenses 32 Section 8.05 No Remedy Exclusive; Waiver, Notice 32 Section 8.06 Acceleration of Loan 32 ARTICLE IX MISCELLANEOUS Section 9.01 Notices 34 Section 9.02 Binding Effect 35 Section 9.03 Severability 35 Section 9.04 Amendments, Changes and Modifications 35 Section 9.05 Execution in Counterparts 35 Section 9.06 Applicable Law 35 Section 9.07 Benefit of Bondholders, Credit Facility Provider and Bank; Compliance with Indenture 35 Section 9.08 Consents and Approvals 36 Section 9.09 Immunity of Officers, Employees and Members of Commission and Governmental Unit 36 Section 9.10 Captions 36 Section 9,11 No Pecuniary Liability of Commission 36 Section 9.12 Payments Due on Holidays 36 ii