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AgdaPkt 2013-05-20 Closed Cancelled and Special
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AgdaPkt 2013-05-20 Closed Cancelled and Special
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Last modified
5/30/2013 3:32:59 PM
Creation date
5/16/2013 3:56:45 PM
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CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Joint
Agency Type
City Council and Public Finance Authority
Date
5/20/2013
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7.A. - Page 39 Attachment 6 <br /> established under such Supplemental Indenture, unless the requirement for a Reserve <br /> fund for the Series 2013 Bonds has been terminated as provided in the Indenture. <br /> (b) Pavment Dates. The scheduled principal and interest payable with respect to <br /> such Additional Bonds shall be payable only on Interest Payment Dates applicable to the <br /> Bonds. <br /> (c) Amendment of Installment Purchase Contract. The Installment Purchase <br /> Contract shall have been amended, if necessary, to (i) increase or adjust the Installment <br /> Payments due and payable on each Installment Payment Date to an amount sufficient to <br /> pay the principal, premium (if any) and interest payable with respect to all Outstanding <br /> Bonds, including all Additional Bonds as and when, if any, the same mature or become <br /> due and payable (except to the extent such principal, premium and interest may be <br /> payable out of moneys then in the Reserve Fund or otherwise on deposit with the <br /> Trustee in accordance with this Indenture), and (ii) make such other revisions to the <br /> Installment Purchase Contract as are necessitated by the issuance of such Additional <br /> Bonds (provided, however, that such other revisions shall not prejudice the rights of the <br /> Owners of Outstanding Bonds as granted them under the terms of this Indenture). <br /> (d) No Default of Authoritv. The Trustee shall have received a Certificate of the <br /> Authority that no Event of Default under the Indenture relating to the Authority exists <br /> (or any event which, once all notice or grace periods have passed, would constitute an <br /> Event of Default). <br /> (e) No Default of Citv. The Trustee shall have received a certificate of the City <br /> that no Event of Default under the Indenture relating to the City, which includes an <br /> Event of Default under the Installment Purchase Contract, exists (or any event which, <br /> once all notice or grace periods have passed,would constitute an Event of Default). <br /> (f) O�inion Regarding Su�plemental Indenture. The Trustee shall have received <br /> an opinion of Bond Counsel substantially to the effect that (i) the Supplemental <br /> Indenture and the amendments to the Installment Purchase Contract comply in all <br /> respects with the requirements of the Indenture, (ii) the Supplemental Indenture and <br /> said amendments to the Installment Purchase Contract have been duly authorized, <br /> executed and delivered by each of the respective parties thereto (provided that said <br /> opinion of Bond Counsel, in rendering the opinions set forth in this clause (ii), shall be <br /> entitled to rely upon one or more other opinions of counsel, including counsel to any of <br /> the respective parties to said Supplemental Indenture or said amendments to the <br /> Installment Purchase Contract), (iii) assuming that no Event of Default has occurred and <br /> is continuing, the Indenture, as amended by the Supplemental Indenture, and the <br /> Installment Purchase Contract, as amended by the respective amendments thereto, <br /> constitute the legal, valid and binding obligations of the respective parties thereto, <br /> enforceable against said parties in accordance with their respective terms (except to the <br /> extent that enforcement thereof may be limited by bankruptcy, insolvency, moratorium, <br /> debt adjustment or other laws affecting creditors' rights generally, and except to the <br /> extent that enforcement thereof may be limited by general principles of equity, <br /> regardless of whether enforcement is sought in a legal or equitable proceeding) and (iv) <br /> the execution of the Supplemental Indenture and the amendments to the Installment <br /> Purchase Contract, and performance by the parties thereunder, will not result in the <br /> inclusion of the interest on any Bonds in the gross income of the Owners of the Bonds <br /> for purposes of federal income taxation. <br /> (g) Reserve Rec�uirement. Upon the execution and delivery of such Additional <br /> Bonds, the amount on deposit in the Reserve Fund, or in a reserve fund established <br /> -16- <br />
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