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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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CC Index - Document Type
Agenda Packet
Meeting Type
Regular
Agency Type
City Council
Date
8/26/2024
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<br />2 <br />ARTICLE I <br /> <br />DEFINITIONS <br /> <br />Section 1.01. Definitions. <br /> <br />Unless the context otherwise requires, the terms defined in this Section 1.01 shall for all <br />purposes hereof, and of any amendment hereof, and of any opinion or report or other document <br />mentioned herein or therein have the meanings defined herein, the following definitions to be <br />equally applicable to both the singular and plural forms of any of the terms defined herein. All <br />capitalized terms used in this Installment Purchase Contract and not defined herein shall have <br />the meanings ascribed thereto in the Indenture. <br /> <br />“Accountant’s Report” means a report signed by an Independent Certified Public <br />Accountant. <br /> <br />“Acquisition,” “Acquire” or “Acquired” means, with respect to the Project, the acquisition <br />or perfection of an ownership or capacity interest in the Project, or the construction, refinancing <br />or ownership of the Project. <br /> <br />“Accreted Value” means, with respect to any Capital Appreciation Parity Obligation and <br />as of any date, the Initial Amount thereof plus the interest accrued thereon from its delivery <br />date, compounded at the approximate interest rate with respect to such Capital Appreciation <br />Parity Obligation specified in or pursuant to the Parity Instrument authorizing the issuance of <br />such Capital Appreciation Parity Obligation on each date specified therein. The applicable <br />Accreted Value at any date will be the amount set forth in the Accreted Value Table as of such <br />date, if such date is a compounding date, and if not, will be determined by straight-line <br />interpolation with reference to such Accreted Value Table. <br /> <br />“Accreted Value Table” means, with respect to Capital Appreciation Parity Obligations, <br />the table denominated as such in, and to which reference is made in, the Parity Instrument <br />authorizing the issuance of such Capital Appreciation Parity Obligations. <br /> <br />“Additional Revenues” means, with respect to the issuance of any Parity Obligations, an <br />allowance for Net Revenues (i) arising from any increase in the charges made for service from <br />the Enterprise adopted prior to the incurring of such Parity Obligations and effective within <br />eighteen (18) months following the date of incurring such Parity Obligations, in an amount equal <br />to the total amount by which the Net Revenues would have been increased if such increase in <br />charges had been in effect during the whole of the most recent completed Fiscal Year or during <br />any more recent twelve (12) month period selected by the City, and (ii) arising from any <br />increase in service connections to the Enterprise prior to the incurring of such Parity <br />Obligations, in an amount equal to the total amount by which the Revenues would have been <br />increased if such connections had been in existence during the whole of the most recent <br />completed Fiscal Year or during any more recent twelve (12) month period selected by the City, <br />all as shown by the certificate or opinion of an Independent Municipal Finance Consultant. <br /> <br />“Balloon Indebtedness” means with respect to any Parity Obligations, twenty-five percent <br />(25%) or more of the principal of which matures on the same date or within a 12-month period <br />(with Sinking Fund Installments on Term Parity Obligations deemed to be payments of matured <br />principal), that portion of such Parity Obligations which matures on such date or within such 12 <br />month period. For purposes of this definition, the principal amount maturing on any date shall <br />8.A. - Page 170 of 255 <br />798
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