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AgdaPkt 2012-01-09
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AgdaPkt 2012-01-09
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Last modified
3/6/2012 1:23:44 PM
Creation date
1/5/2012 4:46:23 PM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Regular
Agency Type
City Council and Redevelopment Agency
Date
1/9/2012
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8.A. - Page 41 <br /> Reserve Fund <br /> The Fisc11 Agent Agreement establishes a debt service reserve fund (the "Iteserve <br /> Fund") as a separate fund to be held in trust by the Fiscal Agent for the benefit of the Owners <br /> of the Bonds, as a reserve for the payment of principal of, and interest and any premium on, <br /> the Bonds and moneys in the Reserve Fund are subject to a lien u1 favor of the Owners of the <br /> Bonds. The Reserve Fund is required by the Fiscal Agent Agreement to be funded in an amount <br /> equal to the Reserve Requirement which amount is, as of any date of calculation equal to the <br /> lesser of (i) Maximum Annual Debt Service on the Outstanding Bonds, (ii) one hundred <br /> twenty-five percent (125%) of average Annual Debt Service for any Bond Year, or (iii) ten <br /> percent (10%) of the original lggregate principal amount of the Bonds. The Reserve <br /> Requirement as of the date of issuailce of the Bonds will be $634,000��. <br /> Except as otherwise provided u1 the Fiscal Agent Agreement (with respect to the use of <br /> moneys in the Reserve Fund (i) for the plyment of any rebate liability due to the federal <br /> government, (ii) for transfers in connection with Prepaymeilts of Special Taxes, and (iu) the <br /> use of moneys in the Reserve Fund in excess of the Reserve Requirement to pay the scheduled <br /> debt service on the Bonds), all amounts deposited in the Reserve Fund will be used and <br /> withdrawn by the Fiscal Agent solely for the purpose of making transfers to the Bond Fund in <br /> the event of any deficiency at any time in the Bond Fui1d of the amount then required for <br /> payment of the pri�zcipal of, and interest and any premium on, the Bonds. See Appendix C- <br /> "Summary of the Fiscal Agent Agreement." <br /> Whenever the balance in the Reserve Fund exceeds the amount required to redeem or <br /> pay the Outstanding Bonds, includi�lg interest accrued to the date of payment or redemption <br /> and premium, if any, due upon redemption, the Fiscal Agent will transfer the amount in the <br /> Reserve Fund to the Bond Fund to be applied, on the next succeeding Interest Payment Date, <br /> to the payment and redemption of all of the Outstanding Bonds. In the event that the amount <br /> transferred from the Reserve Fund to the Bond Fund exceeds the amount required to pay and <br /> redeem the Outstanding Bonds, the balance u1 the Reserve Fund will be transferred to the City <br /> to be used for any 1lwful purpose of the City. Notwithstanding the foregoing, no amounts <br /> will be transferred from the Reserve Fund as described in the preceding sentence until after (i) <br /> amounts in the Reserve Fund are withdrawn for purposes of maki�zg rebate payments to the <br /> federal government in accordance with the Fiscal Agent Agreement following payment of the <br /> Bonds, and (ii) payment of any fees and expenses due to the Fiscal Agent See Appendix C- <br /> "Summary of Fiscal Agent Agreement." <br /> Whenever Bonds are to be redeemed with proceeds of Prepayments of Special Taxes <br /> pursuant to the provisions of the Fiscal Agent Agreement, a proportionate share, determined <br /> as provided below, of the amount on deposit in the Reserve Fund shall, on the Business Day <br /> prior to the date on which such Bonds are to be redeemed, be transferred by the Fiscal Agent <br /> from the Reserve Fund to the Series 2012 Prepayment Account and shall be applied to the <br /> redemption of said Bonds; provided, however, thlt such amount shlll be so transferred only to <br /> the extent that the amount remaining on deposit in the Reserve Fund will be at least equal to <br /> the Reserve Requirement (excluding from the calculation thereof said Bonds to be redeemed). <br /> Such proportionate share shall be equal to the largest integral multiple of $5,000 that is not <br /> larger than the amount equal to the product of (a) the lmount on deposit in the Reserve Fund <br /> on the date five (5) Business Days prior to the date notice of redemption of such Bonds is <br /> required to be given pursuant to the provisions hereof, times (b) a fraction, the numerator of <br /> which is the principal amount of Bonds to be so redeemed and the denominator of which is the <br /> principal amount of Bonds to be Outstlnding on the day prior to the date on which such <br /> Bonds are to be so redeemed. <br /> �� Preliminary, subject to change. <br /> -17- <br />
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