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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
Metadata
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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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ARTICLE I <br /> DEFINITIONS <br /> Section 1.01. Definitions. <br /> Unless the context otherwise requires, the terms defined in this Section 1.01 shall <br /> for all purposes hereof, and of any amendment hereof, and of any opinion or report or other <br /> document mentioned herein or therein have the meanings defined herein, the following <br /> definitions to be equally applicable to both the singular and plural forms of any of the terms <br /> deftned herein. All capitalized terms used in this Installment Purchase Contract and not defined <br /> herein shall have the meanings ascribed thereto in the Indenture. <br /> "AccountanYs Report" means a report signed by an Independent Certified Public <br /> Accountant. <br /> "Acquisition," "Acquire" or "Acquired" means, with respect to the Project, the <br /> acquisition or perfection of an ownership or capacity interest in the Project, or the construction, <br /> refinancing or ownership of the Project. <br /> "Additional Revenues" means, with respect to the issuance of any Parity <br /> Obligations,an allowance for Net Revenues (i) arising from any increase in the charges made for <br /> service from the Enterprise adopted prior to the incurring of such Parity Obligations and effective <br /> within eighteen (18) months following the date of incurring such Parity Obligations, in an <br /> amount eyual to the total amount by which the Net Revenues would have been increased if such <br /> increase in charges had been in effect during the whole of the most recent completed Fiscal Year <br /> or during any more recent twelve (12) month period selected by the City, and (ii) arising from <br /> any increase in service connections to the Enterprise prior to the incurring of such Parity <br /> Obligations, in an amount equal to the total amount by which the Net Revenues would have been <br /> increased if such connections had been in existence during the whole of the most recent <br /> completed Fiscal Year or during any more recent twelve (12)month period selected by the City, <br /> all as shown by the certificate or opinion of an Independent Financial Consultant. <br /> "Bonds"has the meaning set forth in the Indenture. <br /> "Code" means the Internal Revenue Code of 1986, as amended, and the <br /> regulations promulgated thereunder. <br /> "Engineer's Report"means a report signed by an Independent Engineer. <br /> "Enterprise" means the City's water system, including all facilities, works, <br /> properties and structures of the City for the treatment, transmission and distribution of water, <br /> including reclaimed water, including all contractual rights to water supplies, transmission <br /> capacity supply, easements, rights-of-way and other works, property or structures necessary or <br /> convenient for such facilities, together with all additions, betterments, extension and <br /> improvements to such facilities or any part thereof hereafter acquired or constructed. <br /> "Event of Default"means an event of default described in Section 7.O1. <br /> 2 <br /> 338529_I.DOC <br />
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