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Res13 15263
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Res13 15263
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Last modified
8/28/2013 12:22:50 PM
Creation date
5/23/2013 9:38:47 AM
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Template:
CC Index
CC Index - Document Type
Resolution
Meeting Type
Joint
Agency Type
City Council and Public Finance Authority
Date
5/20/2013
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Section 4.03. Notice of Redemption; Rescission. When redemption is authorized or <br /> required pursuant to this Article, the Trustee shall give notice (the "Redemption Notice"), at the <br /> expense of the Authority, of the redemption� of the Bonds. Such Redemption Notice shall <br /> specify: (a) the Bonds or designated portions thereof(in the case of redemption of the Bonds in <br /> part but not in whole) which are to be redeemed, (b) the date of redemption, (c) the place or <br /> places where the redemption will be made, including the name and address of any paying agent, <br /> (d) the redemption price, (e) the CUSIP numbers (if any) assigned to the Bonds to be redeemed, <br /> (fl if less than all the Bonds of a maturity are to be redeemed,�the certificate numbers of the <br /> Bonds to be redeemed and, in the case of any Bond to be redeemed in part only, the amount of <br /> such Bond to be redeemed, and(g)the original issue date,interest rate and stated maturity date of <br /> each Bond to be redeemed in whole or in part. Such Redemption Notice shall further state that <br /> on the specified date there shall become due and payabie upon each Bond or portion thereof <br /> being redeemed the redemption price, together with interest accrued to the redemption date, and <br /> that from and after such date interest with respect thereto shall cease to accrue and be payable. <br /> Such notice in respect of optional or extraordinary casualty redemption shall not be provided <br /> unless there has been deposited with the Trustee funds sufficient to pay such redemption price <br /> (except in the case of redemption resulting from the issuance of refunding obligations). <br /> Subject to the provisions stated above, the Trustee shall take the following actions with <br /> respect to such Redemption Notice: <br /> (a) (i)At least thiriy (30) but not more than forty-five (45) days prior to the <br /> redemption date or (ii) immediately upon receipt of Net Proceeds from insurance or <br /> condemnation awards which are to be used to redeem Bonds,the Trustee shall cause Redemption <br /> Notices to be given to the respective Owners of Bonds designated for redemption by first class <br /> mail, postage redeemed, at their addresses appearing on the Bond Register mainta.ined by the <br /> Trustee. <br /> (b) At least thirty (30) days prior to the redemption date, such Redemption <br /> Notice shall be given to each of the Securities Depositories. <br /> (c) At least thirty (30) days prior to the redemption date, such Redemption <br /> Notice shall be given to one of the Information Services selected by the Authority. <br /> Neither failure to receive any Redemption Notice nor any defect in such Redemption <br /> Notice so given shall affect the sufficiency of the proceedings for the redemption of such Bonds. <br /> Each check or other payment method used by the Trustee for the purpose of redeeming Bonds <br /> shall bear the CUSIP number identifying, by issue and maturity, the Bonds being redeemed with <br /> the proceeds of such check or other transfer. <br /> The Authority shall have the right to rescind any optional redemption by written notice to <br /> the Trustee on or prior to the date fixed for redemption. Any such notice of optional redemption <br /> shall be canceled and annulled if for any reason funds will not be or are not available on the date <br /> fixed for redemption for the payrnent in full of the Bonds then called for redemption, and such <br /> cancellation shall not constitute an Event of Default under this Indenture. The Authority and the <br /> Trustee shall have no liability to the Owners or any other party related to or arising from such � <br /> -26- <br /> 338471 i.DOC <br />
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