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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 />2 <br />ARTICLE I <br /> <br />DEFINITIONS <br /> <br />Section 1.01. Definitions. <br /> <br />Unless the context otherwise requires, the terms defined in this Section 1.01 shall for all <br />purposes hereof, and of any amendment hereof, and of any opinion or report or other document <br />mentioned herein or therein have the meanings defined herein, the following definitions to be <br />equally applicable to both the singular and plural forms of any of the terms defined herein. All <br />capitalized terms used in this Installment Purchase Contract and not defined herein shall have <br />the meanings ascribed thereto in the Indenture. <br /> <br />“Accountant’s Report” means a report signed by an Independent Certified Public <br />Accountant. <br /> <br />“Acquisition,” “Acquire” or “Acquired” means, with respect to the Project, the acquisition <br />or perfection of an ownership or capacity interest in the Project, or the construction, refinancing <br />or ownership of the Project. <br /> <br />“Additional Revenues” means, with respect to the issuance of any Parity Obligations, an <br />allowance for Net Revenues (i) arising from any increase in the charges made for service from <br />the Enterprise adopted prior to the incurring of such Parity Obligations and effective within <br />eighteen (18) months following the date of incurring such Parity Obligations, in an amount equal <br />to the total amount by which the Net Revenues would have been increased if such increase in <br />charges had been in effect during the whole of the most recent completed Fiscal Year or during <br />any more recent twelve (12) month period selected by the City, and (ii) arising from any <br />increase in service connections to the Enterprise prior to the incurring of such Parity <br />Obligations, in an amount equal to the total amount by which the Revenues would have been <br />increased if such connections had been in existence during the whole of the most recent <br />completed Fiscal Year or during any more recent twelve (12) month period selected by the City, <br />all as shown by the certificate or opinion of an Independent Municipal Finance Consultant. <br /> <br />“Bonds” has the meaning set forth in the Indenture. <br /> <br />“Code” means the Internal Revenue Code of 1986 as in effect on the date of issuance of <br />the Bonds or (except as otherwise referenced herein) as it may be amended to apply to <br />obligations issued on the date of issuance of the Bonds, together with applicable temporary and <br />final regulations promulgated, and applicable official public guidance published, under the Code. <br /> <br />“Engineer’s Report” means a report signed by an Independent Engineer. <br /> <br />“Enterprise” means the City’s water system, including all facilities, works, properties and <br />structures of the City for the treatment, transmission and distribution of water, including <br />reclaimed water, including all contractual rights to water supplies, transmission capacity supply, <br />easements, rights-of-way and other works, property or structures necessary or convenient for <br />such facilities, together with all additions, betterments, extensions, and improvements to such <br />facilities or any part thereof hereafter acquired or constructed. <br /> <br />“Event of Default” means an event of default described in Section 7.01. <br /> <br />8.C. - Page 164
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