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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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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 />22 <br />In the event of a redemption for which the Trustee does not have monies available to <br />redeem the entire amount scheduled for redemption, the Trustee shall redeem Bonds of the <br />applicable maturity or maturities by lot up to a principal amount equal to the available monies. <br /> <br />Section 4.03. Notice of Redemption, Rescission. When redemption is authorized or <br />required pursuant to this Article, the Trustee shall give notice (the “Redemption Notice”), at the <br />expense of the Authority, of the redemption of the Bonds. Such Redemption Notice shall <br />specify: (a) the Bonds or designated portions thereof (in the case of redemption of the Bonds in <br />part but not in whole) which are to be redeemed, (b) the date of redemption, (c) the place or <br />places where the redemption will be made, including the name and address of any paying <br />agent, (d) the redemption price, (e) the CUSIP numbers (if any) assigned to the Bonds to be <br />redeemed, (f) if less than all the Bonds of a maturity are to be redeemed, the certificate <br />numbers of the Bonds to be redeemed and, in the case of any Bond to be redeemed in part <br />only, the amount of such Bond to be redeemed, and (g) the original issue date, interest rate and <br />stated maturity date of each Bond to be redeemed in whole or in part. Such Redemption Notice <br />shall further state that on the specified date there shall become due and payable upon each <br />Bond or portion thereof being redeemed the redemption price, together with interest accrued to <br />the redemption date, and that from and after such date interest with respect thereto shall cease <br />to accrue and be payable. Such notice in respect of optional or extraordinary casualty <br />redemption shall not be provided unless there has been deposited with the Trustee funds <br />sufficient to pay such redemption price (except in the case of redemption resulting from the <br />issuance of refunding obligations). <br /> <br />Subject to the provisions stated above, the Trustee shall take the following actions with <br />respect to such Redemption Notice: <br /> <br />(a) (i) At least thirty (30) but not more than forty-five (45) days prior to the <br />redemption date or (ii) immediately upon receipt of Net Proceeds from insurance or <br />condemnation awards which are to be used to redeem Bonds, the Trustee shall cause <br />Redemption Notices to be given to the respective Owners of Bonds designated for <br />redemption by first class mail, postage redeemed, at their addresses appearing on the <br />Bond Register maintained by the Trustee. <br /> <br />(b) At least thirty (30) days prior to the redemption date, such Redemption <br />Notice shall be given to each of the Securities Depositories. <br /> <br />(c) At least thirty (30) days prior to the redemption date, such Redemption <br />Notice shall be given to one of the Information Services selected by the Authority. <br /> <br />Neither failure to receive any Redemption Notice nor any defect in such Redemption <br />Notice so given shall affect the sufficiency of the proceedings for the redemption of such Bonds. <br />Each check or other payment method used by the Trustee for the purpose of redeeming Bonds <br />shall bear the CUSIP number identifying, by issue and maturity, the Bonds being redeemed with <br />the proceeds of such check or other transfer. <br /> <br />The Authority shall have the right to rescind any optional redemption by written notice to <br />the Trustee on or prior to the date fixed for redemption. Any such notice of optional redemption <br />shall be canceled and annulled if for any reason funds will not be or are not available on the <br />date fixed for redemption for the payment in full of the Bonds then called for redemption, and <br />such cancellation shall not constitute an Event of Default under this Indenture. The Authority <br />and the Trustee shall have no liability to the Owners or any other party related to or arising from <br />8.C. - Page 133
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