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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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6.A -2ia <br />Bonds and each issue of Parity Bonds, less original issue discount, if any, plus original issue premium, <br />if any, (it) Maximum Annual Debt Service of the Bonds, and (ill) 125% of the average Annual Debt <br />Service of the Bonds. Upon issuance of the 2003 Bonds, the amount in the Reserve Account will be <br />Increased to $ <br />Moneys in the Reserve Account are available to be used for paying the principal of, including <br />Sinking Fund Payments, and interest on the 2001 Bonds and 2003 Bonds when due in the event that <br />the moneys in the Interest Account and the Principal Account of the Special Tax Fund are insufficient <br />therefor or moneys In the Redemption Account of the Special Tax Fund are insufficient to make a <br />Sinking Fund Payment when due and for the purpose of making any required transfer to the Rebate <br />Fund pursuant to the Fiscal Agent Agreement. If the amounts in the Interest Account, the Principal <br />Account or the Redemption Account of the Special Tax Fund are insufficient to pay the principal of, <br />including Sinking Fund Payments, or interest on any Bonds when due, or amounts in the Special Tax <br />Fund are insufficient to make transfers to the Rebate Fund when required, the Fiscal Agent shall <br />withdraw from the Reserve Account for deposit in the Interest Account, the Principal Account or the <br />Redemption Account of the Special Tax Fund or the Rebate Fund, as applicable, moneys necessary for <br />such purposes. In the event of prepayment of the Special Tax, moneys in the Reserve Account will be <br />reduced by the pro -rata share of such moneys allocable to the Bonds to be redeemed with such prepaid <br />Special Taxes. <br />If moneys are withdrawn from the Reserve Account for the purpose described in the preceding <br />paragraph, or if the value of the amount on deposit in the Reserve Account is decreased due to a loss <br />on amounts invested in the Reserve Account, then the Fiscal Agent shall, after making the transfers <br />required by the Fiscal Agent Agreement, transfer to the Reserve Account from available moneys in the <br />Special Tax Fund, or from any other legally available funds that the District elects to apply to such <br />purpose, an amount equal to the lesser of (f) the sum of the amount of such withdrawal plus the <br />amount of any such decrease in value and (ii) the amount needed to restore the amount in the Reserve <br />Account to the Reserve Requirement. Moneys in the Special Tax Fund shall be deemed available for <br />transfer to the Reserve Account only if the Fiscal Agent determines that such amounts will not be <br />needed to make the deposits required to be made to the Interest Account, the Principal Account or the <br />Redemption Account of the Special Tax Fund. If amounts in the Special Tax Fund or otherwise <br />transferred to replenish the Reserve Account are inadequate to make the transfer to the Reserve <br />Account required by this paragraph, then the District shall include in the next annual Special Tax levy <br />(to the extent permitted by the maximum Special Tax rates) an amount sufficient to make such <br />transfer. <br />In connection with an optional redemption of the Bonds under the Fiscal Agent Agreement, or a <br />partial defeasance of the Bonds in accordance with the Fiscal Agent Agreement, amounts in the Reserve <br />Account may be applied to such optional redemption or partial defeasance so long as the amount on <br />deposit in the Reserve Account following such optional redemption or partial defeasance is at least <br />equal to the Reserve Requirement Amounts in the Reserve Account may be applied to pay the <br />principal of and interest on the Bonds in the final Bond Year for the Bonds, then amounts in the <br />Reserve Account may be applied to pay the principal of and interest on the Bonds in the final Bond <br />Year for such issue so long as the amount on deposit in the Reserve Account following such payment of <br />principal and interest is at least equal to the Reserve Requirement On the fifth Business Day before <br />each March 1 and September 1, moneys in the Reserve Account in excess of the Reserve Requirement, <br />and not to be transferred in accordance with the preceding paragraphs of this Section, shall be <br />withdrawn from the Reserve Account and transferred to the Interest Account of the Special Tax Fund. <br />The Rebate Fund <br />The Fiscal Agent will establish and maintain a fund separate from any other fund designated as <br />the Rebate Fund and will establish a separate Rebate Account and Alternative Penalty Account <br />therein. All money at any time deposited in the Rebate Account or the Alternative Penalty Account of <br />-19- <br />
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