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Res19 15766
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Res19 15766
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Last modified
8/20/2024 9:49:46 AM
Creation date
8/20/2024 9:49:39 AM
Metadata
Fields
Template:
CC Index
CC Index - Document Type
Resolution
Meeting Type
Joint
Agency Type
City Council and Successor Agency and Public Financing Authority
Date
5/20/2019
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ATTY/RESO.0046/CC RESO APPROVING DEPT DISCLOSURE POLICIES & PROCEDURES – EXHIBIT A <br />REV: 05-07-19 VR <br />Last update: 5/20/2019 <br />Page 10 of 11 <br />12 and which is entered into after February 27, 2019. Amendments to existing City agreements or <br />obligations with “financial obligation” which relate to covenants, events of default, remedies, priority <br />rights, or other similar terms should be reported to the Disclosure Coordinator as well as soon as City <br />Attorney or such other senior staff is placed on written notice by City staff, consultants, or external parties <br />of such event or receives a written notice of such amendment requests. Notice to the Disclosure <br />Coordinator is necessary so that the Disclosure Coordinator can determine, with the assistance of <br />disclosure counsel, whether such agreement or other obligation constitutes a material “financial <br />obligation” for purposes of Rule 15c2-12. If such agreement or other obligation is determined to be a <br />material “financial obligation” or a material amendment to a “financial obligation” described above, <br />notice thereof would be required to be filed on EMMA within 10 business days of execution or incurrence. <br />The types of agreements or other obligations which could constitute “financial obligations” and which <br />could need to be reported on EMMA are discussed in Exhibit A. <br /> <br />EXHIBIT A <br /> <br />LISTED EVENTS <br /> <br />For securities, subject to Rule 15c2-12, issued on or after February 27, 2019, or for variable rate demand <br />bonds that are converted from a mode currently exempted from Rule 15c2-12 to a mode not so exempted on <br />or after February 27, 2019, the following events trigger the requirement to file on EMMA, within ten (10) <br />business days of their occurrence, in certain cases as indicated depending on the materiality of the event (which <br />shall be determined as provided in the Disclosure Policy for those Listed Events where it is applicable): <br /> <br />1. Principal and interest payment delinquencies; <br /> <br />2. Non-payment related defaults, if material; <br /> <br />3. Unscheduled draws on debt service reserves reflecting financial difficulties; <br /> <br />4. Unscheduled draws on credit enhancements reflecting financial difficulties; <br /> <br />5. Substitution of credit or liquidity providers, or their failure to perform; <br /> <br />6. Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final <br />determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB) or other material notices or <br />determinations with respect to the tax status of the security, or material events affecting the tax-exempt status <br />of the security; <br /> <br />7. Modifications to rights of security holders, if material; <br /> <br />8. Bond Calls, if material, and tender offers; <br /> <br />9. Defeasances; <br /> <br />10. Release, substitution or sale of property securing repayment of the securities, if material; <br /> <br />11. Rating changes; <br />
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