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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
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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 11 of 11 <br />12. Bankruptcy, insolvency, receivership or similar event of the obligated person; For purposes of this <br />event, it is considered to occur when any of the following occur: The appointment of a receiver, fiscal agent <br />or similar officer for an obligated person in a proceeding under the U.S. Bankruptcy Code or in any other <br />proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction <br />over substantially all of the assets or business of the obligated person, or if such jurisdiction has been assumed <br />by leaving the existing governing body and officials or officers in possession but subject to the supervision and <br />orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, <br />arrangement or liquidation by a court or governmental authority having supervision or jurisdiction over <br />substantially all of the assets or business of the obligated person; <br /> <br />13. Consummation of a merger, consolidation, or acquisition involving an obligated person or the sale <br />of all or substantially all of the assets of the obligated person, other than in the ordinary course of business, <br />the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement <br />relating to any such actions, other than pursuant to its terms, if material; <br /> <br />14. Appointment of a successor or additional trustee or the change of name of a trustee, if material; <br /> <br />15. Incurrence of a financial obligation of the obligated person, if material, or agreement to covenants, <br />events of default, remedies, priority rights, or other similar terms of a financial obligation of the obligated <br />person, any of which affect security holders, if material; and <br /> <br />16. Default, event of acceleration, termination event, modification of terms, or other similar events <br />under the terms of a financial obligation of the obligated person, any of which reflect financial difficulties. <br /> <br />For purposes of the events identified in subparagraphs 15 and 16 above, the term “financial obligation” <br />means a (i) debt obligation; (ii) derivative instrument entered into in connection with, or pledged as security <br />or a source of payment for, an existing or planned debt obligation; or (iii) guarantee of (i) or (ii). The term <br />financial obligation shall not include municipal securities as to which a final official statement has been <br />provided to the Municipal Securities Rulemaking Board consistent with Rule 15c2-12. <br /> <br />The City will amend this Exhibit A from time to time as required in order to accurately reflect the <br />requirements of Rule 15c2-12.
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