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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 />19 <br />4846-5351-8811v3/200434-0005 <br />designated by the Bondholder, without charge to the Bondholder thereof, definitive Bonds of an <br />equal aggregate principal amount, of the same series, maturity and bearing interest at the same rate or <br />rates as the temporary Bonds surrendered. Until so exchanged, the temporary Bonds shall in all <br />respects be entitled to the same benefit and security of this Trust Agreement as the definitive Bonds <br />to be issued and authenticated hereunder. <br />ARTICLE IV <br /> <br />REDEMPTION OF BONDS <br />Section 4.01 Notices to Trustee; Notices to Bondholders; Notices to DTC. <br />(a) Notice of redemption shall be given by the Trustee, not less than 30 nor more <br />than 60 days prior to the redemption date: (i) in the case of Bonds not registered in the name of a <br />Securities Depository or its nominee, to the respective Holders of the Bonds designated for <br />redemption at their addresses appearing on the registration books of the Trustee; (ii) in the case of <br />Bonds registered in the name of a Securities Depository or its nominee, to such Securities Depository <br />for such Bonds; and (iii) to the Information Services. Notice of redemption to the Holders pursuant <br />to (i) above shall be given by mail at their addresses appearing on the registration books of the <br />Trustee, or any other method agreed upon by such Holder and the Trustee. Notice of redemption to <br />the Securities Depositories pursuant to (ii) above and the Information Services pursuant to (iii) above <br />shall be given by electronically secure means, or any other method agreed upon by such entities and <br />the Trustee. <br />(b) Each notice of redemption shall state the Bonds or designated portions thereof <br />to be redeemed, the date of redemption, the place of redemption, the redemption price, the CUSIP <br />number (if any) of the Bonds to be redeemed, the distinctive numbers of the Bonds of such maturity <br />to be redeemed and, in the case of Bonds to be redeemed in part only, the respective portions of the <br />principal amount thereof to be redeemed, the original issue date, interest rate and stated maturity date <br />of each Bond to be redeemed in whole or part. Each such notice shall also state that on said date <br />there will become due and payable on each of the Bonds to be redeemed the redemption price, and <br />redemption premium, if any, thereof, and that from and after such redemption date interest thereon <br />shall cease to accrue. <br />(c) Failure to give the notices described in this Section 4.01 or any defect therein <br />shall not in any manner affect the redemption of any Bonds. Any notice sent as provided herein will <br />be conclusively presumed to have been given whether or not actually received by the addressee. <br />(d) The City shall have the right to rescind any notice of optional redemption <br />previously sent pursuant to this Section 4.01. Any such notice of rescission shall be sent in the same <br />manner as the notice of redemption. Neither the City nor the Trustee shall incur any liability, to <br />Bond Owners, DTC, or otherwise, as a result of a rescission of a notice of redemption. <br />Section 4.02 Optional Redemption of Bonds. The Bonds maturing on or after <br />__________ 1, 20__ may be redeemed at the option of the City from any source of funds on any date <br />on or after __________ 1, 20__ in whole or in part from such maturities as are selected by the City <br />within a maturity at a redemption price equal to the principal amount to be redeemed, together with <br />accrued interest to the date of redemption, without premium.
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