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AgdaPkt 2003-07-28
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AgdaPkt 2003-07-28
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Last modified
6/2/2011 2:34:19 PM
Creation date
7/24/2003 1:52:17 PM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Agency Type
City Council
Date
7/28/2003
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FA- o <br />Purchase In Lieu of Redemption If during the Fiscal Year immediately preceding one of the <br />redemption dates specified in the tables above the District purchases 2003 Bonds of such maturities, at <br />least 45 days prior to the redemption date the District is required to notify the Fiscal Agent as to the <br />principal amount purchased and the amount of 2003 Bonds so purchased shall be credited at the time <br />of purchase, to the extent of the full principal amount thereof, to reduce such upcoming Sinking Fund <br />Payment for the applicable maturity of the 2003 Bonds. All 2003 Bonds purchased pursuant to this <br />clause will be cancelled pursuant to the Fiscal Agent Agreement. <br />Selection of 2003 "Bonds for Redemption. If less than all of the 2003 Bonds Outstanding are to <br />be redeemed, the portion of any 2003 Bond of a denomination of more than $5,000 to be redeemed <br />shall be in the principal amount of $5,000 or an integral multiple thereof. In selecting portions of such <br />2003 Bonds for redemption, the Fiscal Agent shall treat such 2003 Bonds as representing that number <br />of 2003 Bonds of $5,000 denominations which is obtained by dividing the principal amount of such <br />2003 Bonds to be redeemed in part by $5,000. <br />Notice of Redemption When 2003 Bonds are due for redemption, the Fiscal Agent is required <br />to give notice, in the name of the District, of the redemption of such 2003 Bonds; provided, however, <br />that a notice of a redemption to be made from other than from Sinking Fund Payments shall be <br />conditioned on there being on deposit on the redemption date sufficient money to pay the redemption <br />price of the 2003 Bonds to be redeemed. <br />Such notice of redemption must (a) specify the CUSIP numbers (if any), the 2003 Bond numbers <br />and the maturity date or dates of the 2003 Bonds selected for redemption, except that where all of the <br />2003 Bonds are subject to redemption, or all the 2003 Bonds of one maturity are to be redeemed, the <br />2003 Bond numbers of such issue need not be specified; (b) state the date fixed for redemption and <br />surrender of the 2003 Bonds to be redeemed; (c) state the redemption price; (d) state the place or <br />places where the 2003 Bonds are to be redeemed; (e) in the case of 2003 Bonds to be redeemed only in <br />part, state the portion of such 2003 Bond which is to be redeemed; (f) state the date of issue of the <br />2003 Bonds as originally issued; (p) state the rate of interest borne by each 2003 Bond being redeemed; <br />and (h) state any other descriptive information needed to identify accurately the 2003 Bonds being <br />redeemed as shall be specified by the Fiscal Agent. Such notice shall further state that on the date <br />fixed for redemption, there shall become due and payable on each 2003 Bond or portion thereof called <br />for redemption, the principal thereof, together with any premium, and interest accrued to the <br />redemption date, and that from and after such date, interest thereon shall cease to accrue and be <br />payable. At least 30 days but no more than 60 days prior to the redemption date, the Fiscal Agent <br />shall mail a copy of such notice, by first class mail, postage prepaid, to the respective Owners thereof <br />at their addresses appearing on the 2003 Bond Register, to the original purchaser of any 2003 Bonds. <br />The actual receipt by the Owner of any 2003 Bond or the original purchaser of any 2003 Bond of notice <br />of such redemption shall not be a condition precedent to redemption, and neither the failure to receive <br />nor any defect in such notice shall affect the validity of the proceedings for the redemption of such <br />2003 Bonds, or the cessation of interest on the redemption date. A certificate by the Fiscal Agent that <br />notice of such redemption has been given as herein provided shall be conclusive as against all parties <br />and the Owner shall not be entitled to show that he or she failed to receive notice of such redemption <br />Partial Redemption. Upon surrender of any 2003 Bond to be redeemed in part only, the <br />District shall execute and the Fiscal Agent shall authenticate and deliver to the 2003 Bondowner, at the <br />expense of the District, a new 2003 Bond or 2003 Bonds of authorized denominations equal in <br />aggregate principal amount to the unredeemed portion of the 2003 Bonds surrendered, with the same <br />interest rate and the same maturity. <br />Effect of Redemption. When notice of redemption has been duly given, as provided in the <br />Fiscal Agent Agreement, and the amount necessary for the redemption has been made available for that <br />purpose and is available therefor on the date fixed for such redemption, (a) the 2003 Bonds or portions <br />thereof, designated for redemption shall, on the date fixed for redemption, become due and payable at <br />-9- <br />
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