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AgdaPkt 2017-01-23 Closed and Joint
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AgdaPkt 2017-01-23 Closed and Joint
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Last modified
1/24/2017 10:22:46 AM
Creation date
1/19/2017 3:58:58 PM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Joint
Agency Type
City Council and Successor Agency and Public Financing Authority
Date
1/23/2017
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<br />16 <br /> <br />(b) The scheduled principal and interest payable with respect to such <br />Additional Bonds shall be payable only on Interest Payment Dates applicable to the <br />Series 2017 Bonds; <br /> <br />(c) The Installment Purchase Contract shall have been amended, if <br />necessary, to (i) increase or adjust the Installment Payments due and payable on each <br />Installment Payment Date to an amount sufficient to pay the principal, premium (if any) <br />and interest payable with respect to all Outstanding Bonds, including all Additional <br />Bonds as and when, if any, the same mature or become due and payable (except to the <br />extent such principal, premium and interest may be payable out of moneys on deposit <br />with the Trustee in accordance with this Indenture), (ii) if appropriate, amend the <br />definition of the Acquisition Project to include as part of the Acquisition Project all or any <br />portion of additions, betterments, extensions, improvements or replacements, or such <br />other real or personal property, to be financed, acquired or constructed or otherwise <br />made subject to the Installment Purchase Contract, by the preparation, execution and <br />delivery of such Additional Bonds, and (iii) make such other revisions to the Installment <br />Purchase Contract as are necessitated by the issuance of such Additional Bonds <br />(provided, however, that such other revisions shall not prejudice the rights of the Owners <br />of Outstanding Bonds as granted them under the terms of this Indenture); <br /> <br />(d) There shall have been delivered to the Trustee a counterpart of the <br />amendments required by subsection (c) hereof; <br /> <br />(e) The Trustee shall have received a Certificate of the Authority that no <br />Event of Default hereunder relating to the Authority exists (or any event which, once all <br />notice or grace periods have passed, would constitute an Event of Default); <br /> <br />(f) The Trustee shall have received a certificate of the City that no Event of <br />Default under the Installment Purchase Contract relating to the City exists (or any event <br />which, once all notice or grace periods have passed, would constitute an Event of <br />Default); <br /> <br />(g) The Trustee shall have received an opinion of Bond Counsel substantially <br />to the effect that (i) said Supplemental Indenture and said amendments to the <br />Installment Purchase Contract comply in all respects with the requirements of this <br />Section 2.12, (ii) said Supplemental Indenture and said amendments to the Installment <br />Purchase Contract have been duly authorized, executed and delivered by each of the <br />respective parties thereto (provided that said opinion of Bond Counsel, in rendering the <br />opinions set forth in this clause (ii), shall be entitled to rely upon one or more other <br />opinions of counsel, including counsel to any of the respective parties to said <br />Supplemental Indenture or said amendments to the Installment Purchase Contract), (iii) <br />assuming that no Event of Default has occurred and is continuing, this Indenture, as <br />amended by said Supplemental Indenture, and the Installment Purchase Contract, as <br />amended by the respective amendments thereto, constitute the legal, valid and binding <br />obligations of the respective parties thereto, enforceable against said parties in <br />accordance with their respective terms (except to the extent that enforcement thereof <br />may be limited by bankruptcy, insolvency, moratorium, debt adjustment or other laws <br />affecting creditors’ rights generally, and except to the extent that enforcement thereof <br />may be limited by general principles of equity, regardless of whether enforcement is <br />sought in a legal or equitable proceeding) and (iv) the execution of such Supplemental <br />8.C. - Page 127
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