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55A - RESO - GAS TAX BONDS
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55A - RESO - GAS TAX BONDS
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Last modified
10/30/2019 12:55:49 PM
Creation date
10/30/2019 11:40:51 AM
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City Clerk
Doc Type
Agenda Packet
Agency
Finance & Management Services
Item #
55A
Date
11/5/2019
Destruction Year
2024
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EXHIBIT 5 <br />I�:1:11-3Y�•y <br />CB Draft 10/1612019 <br />CITY OF SANTA ANA <br />GAS TAX REVENUE REFUNDING BONDS, <br />SERIES 2019 <br />BOND PURCHASE AGREEMENT <br />12019 <br />City of Santa Ana <br />20 Civic Center Plaza <br />Santa Ana, California 92701 <br />Ladies and Gentlemen: <br />Samuel A. Ramirez & Co., Inc., (the "Underwriter') offers to enter into the following agreement <br />with the City of Santa Ana (the "City') for the purchase of the above -captioned bonds (the `Bonds"). Upon <br />the acceptance of this offer by the City, this Bond Purchase Agreement (the "Purchase Agreement') will <br />be binding upon the City and the Underwriter. This offer is made subject to the acceptance of this Purchase <br />Agreement by the City on or before 5:00 P.M. California time on the date hereof and, if not so accepted, <br />will be subject to withdrawal upon written notice (by facsimile transmission or otherwise) from the <br />Underwriter delivered to the City at any time prior to the acceptance of this Purchase Agreement by the <br />City. If the Underwriter withdraws this offer, or the Underwriter's obligation to purchase Bonds is <br />otherwise terminated pursuant to Section 8(c) hereof, then and in such case the City shall be without any <br />further obligation to the Underwriter, including the payment of any casts set forth under Section 9(b) hereof, <br />and the City shall be free to sell the Bonds to any other party. <br />Capitalized terms used in this Purchase Agreement not otherwise defined herein shall have the <br />respective meanings set forth for such terms in the Indenture (as hereinafter defined). <br />Inasmuch as this purchase and sale represents a negotiated transaction, the City understands, and <br />hereby confirms, that the Underwriter is not acting as a fiduciary of the City, but rather is acting solely in <br />its capacity as an underwriter for its own account. The Underwriter represents and warrants to the City that <br />it is duly authorized to enter into this Purchase Agreement and to act hereunder. <br />Sectionl. Purchase and Sale. Upon the terms and conditions and upon the basis of the <br />representations, warranties and agreements set forth herein, the Underwriter hereby agrees to purchase from <br />the City, and the City agrees to sell and deliver to the Underwriter, all (but not less than all) of the <br />$ principal amount of the Bonds. <br />The Bonds shall be dated as of December [5], 2019 (the "Closing Date') and shall have the <br />maturities, be subject to redemption, and bear interest at the rates per annum and have the yields all as further <br />described in the Official Statement, dated the date hereof, relating to the Bonds (including its appendices, <br />55A-126 <br />
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