55A - RESO - GAS TAX BONDS - Laserfiche WebLink

Home Browse Search

(h) Purchase of Series 2019 Bonds in Lieu of Redemption. In lieu of mandatory sinking fund redemption of Series 2019 Bonds, the City may place funds on deposit with the Trustee at any time for the purchase of Series 2019 Bonds at public or private sale as and when and at such prices (including brokerage and other charges, but excluding accrued interest, which is payable from the Interest Account) as the City may in its discretion determine, but not to exceed the principal amount of the Series 2019 Bonds to be purchased plus the redemption premium applicable on the next ensuing optional redemption date. SECTION 2.03 Form of Series 2019 Bonds. The Series 2019 Bonds, the Trustee's certificate of authentication, and the assignment to appear thereon, shall be substantially in the respective forms set forth in Exhibit A attached hereto and by this reference incorporated herein, with necessary or appropriate variations, omissions and insertions, as permitted or required by this Indenture. SECTION 2.04 Execution of Series 2019 Bonds. The Series 2019 Bonds shall be signed in the name and on behalf of the City with the manual or facsimile signatures of its City Manager, and attested by the manual or facsimile signature of its City Clerk under the seal of the City. Such seal may be in the form of a facsimile of the City's seal and shall be imprinted or impressed upon the Series 2019 Bonds. The Series 2019 Bonds shall then be delivered to the Trustee for authentication by it. In case any officer who shall have signed any of the Series 2019 Bonds shall cease to be such officer before the Series 2019 Bonds so signed shall have been authenticated or delivered by the Trustee or issued by the City, such Series 2019 Bonds may nevertheless be authenticated, delivered and issued and, upon such authentication, delivery and issue, shall be as binding upon the City as though the individual who signed the same had continued to be such officer of the City. Also, any Series 2019 Bond may be signed on behalf of the City by any individual who on the actual date of the execution of such Series 2019 Bond shall be the proper officer although on the nominal date of such Series 2019 Bond such individual shall not have been such officer. Only such of the Series 2019 Bonds as shall bear thereon a certificate of authentication in substantially the form set forth in Exhibit A, manually executed by the Trustee, shall be valid or obligatory for any purpose or entitled to the benefits of this Indenture, and such certificate of the Trustee shall be conclusive evidence that the Series 2019 Bonds so authenticated have been duly authenticated and delivered hereunder and are entitled to the benefits of this Indenture. SECTION 2.05 Transfer of Series 2019 Bonds. Any Series 2019 Bond may, in accordance with its terms, be transferred upon the Bond Registration Books by the person in whose name it is registered, in person or by his duly authorized attorney, upon surrender of such Series 2019 Bond for cancellation, accompanied by delivery of a written instrument of transfer in a form approved by the Trustee, duly executed. Whenever any Series 2019 Bond shall be surrendered for transfer, the City shall execute and the Trustee shall thereupon authenticate and deliver to the transferee a new Series 2019 Bond or Series 2019 Bonds of like tenor, maturity and aggregate principal amount. The City shall pay all costs of the Trustee incurred in connection with any such transfers, except that the Trustee may require the payment by the Bond Owner requesting such transfer of any tax or other governmental charge required to be paid with respect to such transfer. 55394.00055\32329348.3 5 54- V U