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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 />20 <br />receive Installment Payments from the City, or its duties and obligations under the <br />Installment Purchase Contract to any other person, firm or corporation. <br /> <br />Section 5.21. Continuing Disclosure. <br /> <br />The City hereby covenants and agrees that it will comply with and carry out all of the <br />provisions of the Continuing Disclosure Certificate of the City, dated as of the Closing Date. <br />Notwithstanding any other provision of this Installment Purchase Contract, failure of the City to <br />comply with the Continuing Disclosure Certificate shall not be considered an Event of Default; <br />however, the Authority may (and, at the request of any participating underwriter or the Owners <br />of at least 25% aggregate principal amount of Outstanding Bonds, shall, after receiving <br />indemnification to its satisfaction) or any Owner may take such actions as may be necessary <br />and appropriate, including seeking mandamus or specific performance by court order, to cause <br />the City to comply with its obligations under this Section. <br /> <br />Section 5.22. Continued Existence of the Authority. <br /> <br />The City will take or cause to be taken all actions reasonably necessary to continue the <br />Authority’s existence until such time as the Bonds have been paid in full, including but not <br />limited to the addition or substitution of one or more new members. <br /> <br /> <br />ARTICLE VI <br /> <br />PREPAYMENT OF INSTALLMENT PAYMENTS <br /> <br />Section 6.01. Prepayment. <br /> <br />(a) The City may or shall, as the case may be, prepay on any date from the Net <br />Proceeds of insurance or condemnation awards, as provided herein, all or any part, in integral <br />multiples of $5,000, of the principal amount of the unpaid principal component of the Installment <br />Payments as designated in writing by the City at a prepayment price equal to the sum of the <br />principal amount prepaid plus accrued and unpaid interest thereon to the date of prepayment of <br />the corresponding Bonds to be prepaid, without premium. <br /> <br />(b) The Installment Payments relating to the Series 2017 Bonds shall not be subject <br />to optional prepayment prior to February 1, 2027. The Installment Payments of principal relating <br />to the Series 2017 Bonds shall be subject to optional prepayment in whole or in part in any <br />integral multiple of $5,000, on any date on or after February 1, 2027, from any available source <br />of funds, at the prepayment price equal to the principal amount of the Series 2017 Bonds to be <br />prepaid from the proceeds of such prepayment pursuant to Section 4.01(b) of the Indenture, <br />together with accrued interest thereon to the prepayment date without premium. <br /> <br />Except in connection with a security deposit as set forth in Section 6.03 hereof, the City <br />shall be required to give the Trustee written notice of its intention to prepay any Installment <br />Payment under this subsection (b) at least forty-five (45) days prior to the proposed prepayment <br />date, and shall transfer to the Trustee all amounts required for such prepayment (except in the <br />case of a prepayment from the proceeds of refunding obligations), at least thirty (30), but not <br />greater than sixty (60), days prior to the date fixed for such prepayment. <br /> <br />8.C. - Page 182
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