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AgdaPkt 2006-01-23
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AgdaPkt 2006-01-23
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1/24/2006 9:21:06 AM
Creation date
1/19/2006 3:28:21 PM
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CC Index
CC Index - Document Type
Agenda Packet
Date
1/23/2006
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<br />7e-ðÞ <br /> <br />(iii) the amount of any deficiency in the Reserve Fund established for the <br />Bonds and in any reserve fund established for Parity Obligations. <br /> <br />All Net Revenues remaining after paying all of the sums listed above, or in connection <br />with any Parity Obligation, may be withdrawn by the Finance Officer for expenditure for any <br />lawful purpose of the City. From time to time the City may deposit in the Rate Stabilization <br />Fund from remaining Net Revenues or other available funds of the City such amounts as the <br />City shall determine. The City may withdraw amounts from the Rate Stabilization Fund (i) for <br />transfer to the Revenue Fund for inclusion in Gross Revenues for any Fiscal Year, or (ii) for any <br />other lawful use of the City. All interest or other earnings upon deposits in the Rate <br />Stabilization Fund shall be withdrawn therefrom and accounted for as Gross Revenues. <br /> <br />Rate Stabilization Fund. The City may withdraw amounts from the Rate Stabilization <br />Fund (i) for transfer to the Revenue Fund for inclusion in Gross Revenues for any Fiscal Year, <br />or (ii) for any other lawful use of the City. All interest or other earnings upon deposits in the <br />Rate Stabilization Fund shall be withdrawn therefrom and accounted for as Gross Revenues <br /> <br />Deposits to Payment Fund. On the third (3rd) Business Day next preceding each <br />Interest Payment Date (each an "Installment Payment Date"), the City shall deposit with the <br />Trustee, for deposit in the Payment Fund, from amounts legally available therefor on deposit in <br />the Revenue Fund, a sum equal to the amount of interest and principal becoming due under the <br />Installment Purchase contract on the next Interest Payment Date. <br /> <br />The City shall be entitled to receive as a credit against Installment Payments an amount <br />equal to the amount of any balance contained in the Payment Fund prior to the Installment <br />Payment Date for such Installment Payments (excluding money designated for the prepayment <br />of Bonds). <br /> <br />All money in the Payment Fund will be used and withdrawn by the Trustee in <br />accordance with the Indenture. <br /> <br />Covenant to Maintain and Budget <br /> <br />During the Term of the Installment Purchase Contract, the City will maintain and <br />preserve the Enterprise in good repair and working order at all times and will operate the <br />Enterprise in an efficient and economical manner and will pay all Maintenance and Operation <br />Costs of the Enterprise as they become due and payable. Promptly upon the adoption of its <br />budget for each Fiscal Year, the City will file with the Trustee a budget setting forth the <br />estimated Maintenance and Operation Costs of the Enterprise for such Fiscal Year. <br /> <br />Reserve Fund <br /> <br />General. Under the Indenture, a Reserve Fund is established for the Bonds (the <br />"Reserve Fund"), and will be held in trust by the Trustee. The Reserve Fund shall initially be <br />funded, and will continue to be funded, in an amount equal to the Reserve Requirement. <br /> <br />The Indenture defines the term "Reserve Requirement" to mean, as of any date of <br />calculation, the lesser of (i) 10% of the original principal amount of the Bonds, (ii) an amount <br />equal to maximum annual Debt Service payable by the Authority between the date of such <br />calculation and the final maturity of the Bonds, or (iii) 125% of average annual Debt Service <br />payable under the Indenture. <br /> <br />Application of Reserve Fund. If, two Business Days prior to any Interest Payment Date, <br />the money in the Payment Fund does not equal the amount required to be paid to the Bond <br /> <br />11 <br />
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