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AgdaPkt 2007-04-23
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AgdaPkt 2007-04-23
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Last modified
5/17/2007 4:03:52 PM
Creation date
4/19/2007 2:00:12 PM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Joint
Agency Type
City Council, Redevelopment Agency and Public Financing Authority
Date
4/23/2007
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<br />8C <br />Page 31 <br /> <br />(b) Payment Dates. The scheduled principal and interest payable with respect to <br />such Additional Bonds shall be payable only on Interest Payment Dates applicable to the <br />Bonds. <br /> <br />(c) Amendment of Installment Purchase Contract. The Installment Purchase <br />Contract shall have been amended, if necessary, to (i) increase or adjust the Installment <br />Payments due and payable on each Installment Payment Date to an amount sufficient to pay <br />the principal, premium (if any) and interest payable with respect to all Outstanding Bonds, <br />including all Additional Bonds as and when, if any, the same mature or become due and <br />payable (except to the extent such principal, premium and interest may be payable out of <br />moneys then in the Reserve Fund or otherwise on deposit with the Trustee in accordance with <br />this Indenture), (ii) if appropriate, amend the definition of the Project to include as part of the <br />Project all or any portion of additions, betterments, extensions, improvements or replacements, <br />or such 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 delivery <br />of such Addltional Bonds, and (iii) make such other revisions to the Installment Purchase <br />Contract as are necessitated by the issuance of such Additional Bonds (provided, however, that <br />such other revisions shall not prejudice the rights of the Owners of Outstanding Bonds as <br />granted them under the terms of this Indenture). <br /> <br />(d) No Default of Authority. The Trustee shall have received a Certificate of the <br />Authority that no Event of Default under the Indenture relating to the Authority exists (or any <br />event which, once all notice or grace periods have passed, would constitute an Event of <br />Default). <br /> <br />(e) No Default of City. The Trustee shall have received a certificate of the City that <br />no Event of Default under the Indenture relating to the City, which includes an Event of Default <br />under the Installment Purchase Contract, exists (or any event which, once all notice or grace <br />periods have passed, would constitute an Event of Default). <br /> <br />(f) Opinion Regarding Supplemental Indenture. The Trustee shall have received an <br />opinion of Bond Counse1 substantially to the effect that (i) the Supplemental Indenture and the <br />amendments to the installment Purchase Contract comply in all respects with the requirements <br />of the Indenture, (ii) the 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 opinions of <br />counsel, including counsel to any of the respective parties to said Supplemental Indenture or <br />said amendments to the Installment Purchase Contract), (iii) assuming that no Event of Default <br />has occurred and is continuing, the Indenture, as amended by the Supplemental Indenture, and <br />the Installment Purchase Contract, as amended by the respective amendments thereto, <br />constitute the legal, valid and binding obligations of the respective parties thereto, enforceable <br />against said parties in accordance with their respective terms (except to the extent that <br />enforcement thereof may be limited by bankruptcy, insolvency, moratorium, debt adjustment or <br />other laws affecting creditors' rights generally, and except to the extent that enforcement <br />thereof 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 the Supplemental Indenture <br />and the amendments to the Installment Purchase Contract, and performance by the parties <br />thereunder, will not result in the inclusion of the interest on any Bonds in the gross income of <br />the Owners of the Bonds for purposes of federal income taxation. <br /> <br />16 <br />
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