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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 />24 <br /> <br />(b) The Installment Payments relating to the Series 2024 Bonds are not subject to <br />optional prepayment. The Installment Payments related to Additional Bonds may be subject to <br />prepayment. . <br /> <br />Except in connection with a security deposit as set forth in Section 6.03 hereof, the City <br />shall be required to give the Trustee written notice of its intention to prepay any Installment <br />Payment under this subsection (b) at least forty-five (45) days prior to the proposed prepayment <br />date. <br /> <br />In the event that the Installment Payments shall have been prepaid by the City pursuant <br />to subsection (a) or (b) above, the total amount of all future payments set forth in the schedule <br />attached hereto as Exhibit B shall be reduced by the aggregate amount of such Installment <br />Payment so prepaid, so that the remaining Scheduled Installment Payments shall be sufficient <br />to pay principal of and interest with respect to the Outstanding Bonds. The City shall file a <br />revised schedule of Installment Payments with the Trustee. <br /> <br />Notwithstanding any such prepayment, the City shall not be relieved of its obligations <br />hereunder, until the entire principal amount of the unpaid Installment Payments, and together <br />with the ordinary and extraordinary fees, costs and expenses of the Trustee shall have been <br />fully paid and the Bonds are no longer Outstanding (or provision for payment thereof shall have <br />been made pursuant to Article IX of the Indenture and Section 6.03 hereof). <br /> <br />Section 6.02. Method of Prepayment. <br /> <br />Before making any prepayment pursuant to Section 6.01, the City shall, within five (5) <br />days following the event permitting the exercise of such right to prepay or creating such <br />obligation to prepay, give written notice to the Trustee describing such event and specifying the <br />date on which the prepayment will be made, which date shall be not less than forty-five (45) <br />days from the date such notice is given. <br /> <br />Section 6.03. Security Deposit. <br /> <br />Notwithstanding any other provision of this Installment Purchase Contract, the City may <br />secure the payment of all or a portion of Installment Payments by a deposit with the Trustee, as <br />escrow holder under an escrow deposit and trust agreement as referenced in and in <br />conformance with Article IX of the Indenture, of either (i) cash in an amount which, together with <br />available amounts on deposit in the Payment Fund or reserve fund established with respect to <br />Parity Obligations, is sufficient to pay such unpaid Installment Payments, including the principal <br />and interest components thereof, in accordance with the Installment Payment schedule set forth <br />in Exhibit B attached hereto, or (ii) non-callable Federal Securities (as defined in the Indenture), <br />together with cash if required, in such amount as will, in the opinion of nationally-recognized <br />bond counsel and of an independent certified public accountant (which opinion shall be <br />addressed to the Trustee), together with interest to accrue thereon and, if required, all or a <br />portion of moneys or non-callable Federal Securities then on deposit in the Payment Fund or <br />reserve fund established with respect to Parity Obligations, be fully sufficient to pay such unpaid <br />Installment Payments on their payment dates, in which case all obligations of the City under this <br />Installment Purchase Contract with respect to such unpaid Installment Payments shall cease <br />and terminate, excepting only the obligation of the City to make, or cause to be made, such <br />unpaid Installment Payments from the deposit made by City pursuant to this Section 6.03, and <br />8.A. - Page 192 of 255 <br />820
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