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Item 33 - Pension Debt Refinancing and Related Bond Financing
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03/16/2021 Regular
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Item 33 - Pension Debt Refinancing and Related Bond Financing
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City Clerk
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Agenda Packet
Agency
Clerk of the Council
Item #
33
Date
3/16/2021
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<br />2 <br />4846-5351-8811v3/200434-0005 <br />mandatory sinking fund payment and the interest due on the Bonds on each Interest Payment Date <br />during such Bond Year. <br />“Authorized City Representative” means the City Manager, the Executive Director of <br />Finance & Management Services, or any officer authorized to act on their respective behalves. <br />“Authorized Denominations” means $5,000 and any integral multiple thereof. <br />“Beneficial Owner” means, whenever used with respect to a Bond, the person in whose <br />name such Bond is recorded as the beneficial owner of such Bond by a Participant on the records of <br />such Participant or such person’s subrogee. <br />“Bond” or “Bonds” means the bonds issued under this Trust Agreement and designated as <br />“City of Santa Ana Taxable Pension Obligation Bonds, Series 2021.” <br />“Bond Counsel” means (a) Stradling Yocca Carlson & Rauth, a Professional Corporation, or <br />(b) a firm of attorneys nationally recognized as experts in the area of municipal finance who are <br />familiar with the transactions contemplated under this Trust Agreement and acceptable to the City. <br />“Bond Interest Account” means the Account of that name established within the Revenue <br />Fund pursuant to Section 6.02(a) hereof. <br />“Bond Principal Account” means the Account of that name established within the Revenue <br />Fund pursuant to Section 6.02(a) hereof. <br />“Bond Year” means the twelve-month period commencing on each __________ 2 and <br />ending on the next succeeding __________ 1, except that the first Bond Year shall commence on the <br />Closing Date and end on __________. <br />“Book-Entry Bonds” means the Bonds held by DTC (or its nominee) as the registered owner <br />thereof pursuant to the terms and provisions of Section 3.03 hereof. <br />“Business Day” means a day (a) other than a day on which banks located in the City of New <br />York, New York or the cities in which the respective Principal Office of the Trustee or any Paying <br />Agent are located, are required or authorized by law or executive order to close, and (b) on which the <br />New York Stock Exchange is open. <br />“Closing Date” means __________, 2021. <br />“Consultant” means the accountant, attorney, consultant, municipal finance consultant or <br />investment banker, or firm thereof, retained by the City to perform acts and carry out the duties <br />provided for such Consultant in this Trust Agreement. Such accountant, attorney, consultant, <br />municipal finance consultant or investment banker, or firm thereof, shall be nationally recognized <br />within its profession for work of the character required. <br />“Continuing Disclosure Certificate” means that certain Continuing Disclosure Certificate <br />executed and delivered by the City and acknowledged and accepted by the dissemination agent listed <br />therein, dated __________, 2021, as originally executed and as it may be amended from time to time <br />in accordance with the terms thereof.
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