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Agda Pkt 2024.08.26 Regular Meeting
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Agda Pkt 2024.08.26 Regular Meeting
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8/27/2024 10:48:21 AM
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8/27/2024 10:41:05 AM
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CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Regular
Agency Type
City Council
Date
8/26/2024
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<br />15 <br />establishment of such funds and accounts, which may be separate and apart from the <br />funds and accounts established hereunder for the Series 2024 Bonds, as shall be <br />necessary or appropriate; <br /> <br />(b) The scheduled principal and interest payable with respect to such <br />Additional Bonds shall be payable only on Interest Payment Dates applicable to the Series <br />2024 Bonds; <br /> <br />(c) The Installment Purchase Contract shall have been amended, if necessary, <br />to (i) increase or adjust the Installment Payments due and payable on each Installment <br />Payment Date to an amount sufficient to pay the principal, premium (if any) and interest <br />payable with respect to all Outstanding Bonds, including all Additional Bonds as and when, <br />if any, the same mature or become due and payable (except to the extent such principal, <br />premium and interest may be payable out of moneys on deposit with the Trustee in <br />accordance with this Indenture), (ii) if appropriate, amend the definition of the Acquisition <br />Project to include as part of the Acquisition Project all or any portion of additions, <br />betterments, extensions, improvements or replacements, or such other real or personal <br />property, to be financed, acquired or constructed or otherwise made subject to the <br />Installment Purchase Contract, by the preparation, execution and delivery of such <br />Additional Bonds, and (iii) make such other revisions to the Installment Purchase Contract <br />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) There shall have been delivered to the Trustee a counterpart of the <br />amendments required by subsection (c) hereof; <br /> <br />(e) The Trustee shall have received a Certificate of the Authority that no Event <br />of Default hereunder relating to the Authority exists (or any event which, once all notice or <br />grace periods have passed, would constitute an Event of Default); <br /> <br />(f) The Trustee shall have received a certificate of the City that no Event of <br />Default under the Installment Purchase Contract relating to the City exists (or any event <br />which, once all notice or grace periods have passed, would constitute an Event of Default); <br /> <br />(g) The Trustee shall have received an opinion of Bond Counsel substantially <br />to the effect that (i) said Supplemental Indenture and said amendments to the Installment <br />Purchase Contract comply in all respects with the requirements of this Section 2.12, (ii) <br />said Supplemental Indenture and said amendments to the Installment Purchase Contract <br />have been duly authorized, executed and delivered by each of the respective parties <br />thereto (provided that said opinion of Bond Counsel, in rendering the opinions set forth in <br />this clause (ii), shall be entitled to rely upon one or more other opinions of counsel, <br />including counsel to any of the respective parties to said Supplemental Indenture or said <br />amendments to the Installment Purchase Contract), (iii) assuming that no Event of Default <br />has occurred and is continuing, this Indenture, as amended by said Supplemental <br />Indenture, and the Installment Purchase Contract, as amended by the respective <br />amendments thereto, constitute the legal, valid and binding obligations of the respective <br />parties thereto, enforceable against said parties in accordance with their respective terms <br />(except to the extent that enforcement thereof may be limited by bankruptcy, insolvency, <br />moratorium, debt adjustment or other laws affecting creditors’ rights generally, and except <br />to the extent that enforcement thereof may be limited by general principles of equity, <br />8.A. - Page 135 of 255 <br />763
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