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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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from the earnings thereon, shall be disregarded and not included in calculating Debt <br />Service; <br />(vi) the amount on deposit in a debt service reserve fund on any date of <br />calculation of Debt Service shall be deducted from the amount of principal due at the <br />final maturity of the Obligations for which such debt service reserve fund was established <br />and in each preceding year until such amount is exhausted; and <br />(vii) with respect to Contract Payments, that are not comprised of separate <br />payments of interest and principal but which, rather, are required pursuant to the <br />instrument under which they arise to be paid in amounts sufficient to pay principal and <br />interest on bonds, notes, or other obligations of an entity other than the City, for purposes <br />of calculating Debt Service, interest payments and principal payments (whether at <br />maturity or by redemption or prepayment) with respect to such bonds, notes, or other <br />obligations shall be deemed to be interest payments and principal payments with respect <br />to such Contract Payments; provided, however, that for purposes of such calculation, the <br />Contract Payment Dates applicable to such Contract Payments shall be used, whether or <br />not such Contract Payment Dates coincide with the dates on which such Contract <br />Payments are to be applied to the payment of interest and principal with respect to such <br />bonds, notes, or other obligations. <br />"Debt Service Fund" means the fund by that name established and held by the Trustee <br />pursuant to Section 4.03. <br />"Defeasance Obligations" means (a) cash, (b) non -callable Federal Securities described <br />in paragraph (a) of the definition thereof ("Treasuries"), (c) evidences of ownership of <br />proportionate interests in future interest and principal payments on Treasuries held by a bank or <br />trust company as custodian, under which the owner of the investment is the real party in interest <br />and has the right to proceed directly and individually against the obligor and the underlying <br />Treasuries are not available to any person claiming through the custodian or to whom the <br />custodian may be obligated or (d) pre -refunded municipal obligations rated "AA" and "Aa" by <br />S&P or Moody's, respectively (or any combination thereof). <br />"Depository" means (a) initially, DTC, and (b) any other securities depositories acting as <br />Depository pursuant to Section 2.10. <br />"Depository System Participant" means any participant in the Depository's book -entry <br />system. <br />"DTC" means The Depository Trust Company, New York, New York, and its successors <br />and assigns. <br />"Escrow Bank" means The Bank of New York Mellon Trust Company, N.A., acting as <br />Escrow Bank under the Escrow Deposit and Trust Agreement. <br />"Escrow Deposit and Trust Agreement" means the Escrow Deposit and Trust Agreement, <br />dated as of December 1, 2019, by and among the City, the Authority and the Escrow Bank. <br />55394.00055\32329348.3 55A-21 <br />
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