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SA-3 - RESO TAX ALLOCATION BOND
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SA-3 - RESO TAX ALLOCATION BOND
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Last modified
7/12/2018 5:35:37 PM
Creation date
7/12/2018 5:27:26 PM
Metadata
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Template:
City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
SA-3
Date
7/17/2018
Destruction Year
2023
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account held by the Trustee hereunder, all Permitted Investments credited to such fund or <br />account shall be valued at the lower of cost or the market price thereof (excluding accrued <br />interest and brokerage commissions, if any); provided that Permitted Investments credited to the <br />Reserve Account shall be valued at market value (exclusive of accrued interest and brokerage <br />commissions, if any), and any deficiency in the Reserve Account resulting from a decline in <br />market value shall be restored to the Reserve Account Requirement no later than the next Bond <br />Year. Amounts in the funds and accounts held by the Trustee under the Indenture shall be <br />valued at least annually on the first day of August after the principal payment has been made. <br />The Agency acknowledges that to the extent regulations of the Comptroller of the <br />Currency or other applicable regulatory entity grant the Agency the right to receive brokerage <br />confirmations of security transactions as they occur, the Agency will not receive such <br />confirmations to the extent permitted by law. The Trustee will furnish the Agency periodic cash <br />transaction statements which shall include detail for all investment transactions made by the <br />Trustee hereunder. <br />The Trustee or any of its affiliates may act as agent, sponsor or advisor in connection <br />with any investment made by the Trustee hereunder. To the extent Permitted Investments are <br />registrable, such investments shall be registered in the name of the Trustee. The Trustee may sell <br />or present for redemption, any securities so purchased whenever it shall be necessary to provide <br />moneys to meet any required payment, transfer, withdrawal or disbursement from the fund or <br />account to which such securities are credited, and the Trustee shall not be responsible for any <br />loss resulting from such investment. The Trustee is hereby authorized t, in making or disposing <br />of any investment permitted by this Section, to deal with itself (in its individual capacity) or with <br />any one or more of its affiliates, whether it or such affiliate is acting as an agent of the Trustee or <br />for any third person or dealing as principal for its own account. The Trustee shall have no <br />investment discretion. <br />Section 5.05 2018 Reserve Policy Payment and Reimbursement Provisions. <br />[THE FOLLOWING ARE SAMPLE BOND INSURER PROVISIONS] <br />The following provisions shall govern in the event of a conflict with any contrary <br />provision of the Indenture. <br />(a) The Agency shall repay from available Tax Revenues any draws under the <br />2018 Reserve Policy and pay all related reasonable expenses incurred by the 2018 Bond <br />Insurer and shall pay interest thereon from the date of payment by the 2018 Bond Insurer <br />at the Late Payment Rate. "Late Payment Rate" means the lesser of (x) the greater of (i) <br />the per annum rate of interest, publicly announced from time to time by JPMorgan Chase <br />Bank at its principal office in the City of New York, as its prime or base lending rate <br />("Prime Rate") (any change in such Prime Rate to be effective on the date such change is <br />announced by JPMorgan Chase Bank) plus _%, and (ii) the then applicable highest rate <br />of interest on the outstanding Series 2018 Bonds and (y) the maximum rate permissible <br />under applicable usury or similar laws limiting interest rates. The Late Payment Rate <br />shall be computed on the basis of the actual number of days elapsed over a year of 360 <br />days. In the event JPMorgan Chase Bank ceases to announce its Prime Rate publicly, <br />4150-2542-5420.3 32 <br />40990-25 <br />SA -3-50 <br />
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