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Certificate as to Arbitrage
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Countywide Vol. 1 Revenue Bonds (1996)
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Certificate as to Arbitrage
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applied as a credit against lease payments due by the City of Santa Ana under the Lease <br /> Agreement with the City of Santa Ana (see paragraph (1) above). <br /> (g) Refunding of Fullerton Prior Obligations. Of the proceeds of the Bonds <br /> deposited in the Fullerton Project Account, $1,522,015.38 will be applied on the date <br /> hereof to pay the principal and interest amounts on the Fullerton Prior Obligations that <br /> are set forth on Exhibit B attached hereto and by this reference incorporated herein. Said <br /> proceeds will not be invested. The City of Fullerton has represented to the Authority <br /> that no amounts are on deposit in any debt service fund, sinking fund or reserve fund <br /> established for the Fullerton Prior Obligations that are being replaced by the proceeds of <br /> the Bonds being used for payment of the Fullerton Prior Obligations on the date hereof, <br /> and all proceeds of the Fullerton Prior Obligations and interest earnings thereon have <br /> been spent prior to the date hereof for the purposes for which the Fullerton Prior <br /> Obligations were incurred. <br /> (h) Reserve Account. The proceeds of the Bonds ($2,772,500) deposited in the <br /> Reserve Account of the Bond Fund equal the "Reserve Requirement," being ten percent <br /> (10%) of the principal amount of the Bonds. The Reserve Requirement is less than <br /> maximum annual debt service on the Bonds and less than one hundred and twenty-five <br /> percent (125%) of average annual debt service on the Bonds. Payment of debt service on <br /> the Bonds is guaranteed under a policy of insurance (the "Insurance") issued by MBIA <br /> Insurance Corporation (the "Insurer"). The arrangement represented by the Insurance <br /> imposes a secondary liability that unconditionally shifts substantially all of the credit <br /> risk for the payments guaranteed by the Insurance,and the Insurer is not a co-obligor on <br /> such payments. The Insurer has required the establishment of the Reserve Account in <br /> the amount of the Reserve Requirement as a condition precedent to issuance of the <br /> Insurance, and the Underwriter has represented that the issuance of the Insurance was <br /> vital to the marketing of the Bonds. Amounts deposited in the Reserve Account will be <br /> invested without yield restrictions. Interest earnings and gains resulting from said <br /> investment will be retained in the Reserve Account in the event that the amount on <br /> deposit in such Account is less than the Reserve Requirement and otherwise will be <br /> deposited in the Bond Fund and applied to the payment of debt service on the Bonds <br /> when and as due. <br /> (i) Pledge of Revenues; Debt Service Funds. The Authority has pledged the <br /> Revenues (consisting primarily of Lease Payments)to the payment of debt service on the <br /> Bonds. Upon receipt the Revenues will be deposited in the Bond Fund and, when <br /> required for the payment of debt service on the Bonds will be transferred to the Interest <br /> Account and the Principal Account within the Bond Fund. Prepayments of Lease <br /> Payments will be used for redemption of the Bonds prior to their maturity and will be <br /> deposited in the Redemption Fund. The Bond Fund and the Interest Account and the <br /> Principal Account within the Bond Fund and the Redemption Fund (together the "Debt <br /> Service Funds") have been established primarily to achieve a proper matching of <br /> revenues (consisting primarily of Revenues and certain interest earnings) and debt <br /> service due on the Bonds during each year that the Bonds are outstanding. Amounts <br /> deposited in the Debt Service Funds will be spent within thirteen (13) months of the date <br /> of deposit, and the Debt Service Funds will be depleted at least once a year except for a <br /> reasonable carryover amount not in excess of the greater of earnings on the Debt Service <br /> Funds during the preceding bond year for the Bonds (see subparagraph (p) below) or <br /> 4 <br />
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