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Item 38 - Water Revenue Bonds
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Item 38 - Water Revenue Bonds
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Last modified
5/30/2024 4:20:09 PM
Creation date
5/29/2024 6:13:54 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Finance & Management Services
Item #
38
Date
6/4/2024
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ARTICLE V <br />PREPAYMENT AND REDEMPTION <br />SECTION 5.01. Prepayment and Redemption. The City shall have the following rights <br />and duties to prepay Component Installment Payments: <br />The Component Installment Payments payable on or after September 1, are subject <br />to prepayment, at the option of the City, upon at least 45 days prior written notice to the Authority <br />and the Trustee specifying the date and amount of such prepayment, on or after September 1, , <br />at a prepayment price equal to 100% of the Principal Portion of Component Installment Payments <br />to be prepaid plus the unpaid Interest Portion of Component of Installment Payments up to the date <br />fixed for prepayment. <br />ARTICLE VI <br />ADDITIONAL COVENANTS <br />SECTION 6.01. Additional Covenants. In addition to the covenants specified in the <br />Agreement, the following additional covenants are added with respect to the Component <br />Obligation Series 2024: <br />The City will not directly or indirectly use or permit the use of any proceeds of the <br />Component Obligation Series 2024 or any other funds of the City or of the Project or take or omit <br />to take any action that would cause the Component Obligation Series 2024 to be "private activity <br />bonds" within the meaning of Section 141 of the Code, or obligations which are "federally <br />guaranteed" within the meaning of Section 149(b) of the Code. <br />The City covenants that it will not take any action, or fail to take any action, if any such <br />action or failure to take action would adversely affect the exclusion from gross income of the <br />interest represented by the Component Obligation Series 2024 under Section 103 of the Code. The <br />City will not directly or indirectly use or permit the use of any proceeds of the Component <br />Obligation Series 2024 or any other funds of the City, or take or omit to take any action, that would <br />cause the Component Obligation Series 2024 to be "arbitrage bonds" within the meaning of <br />Section 148(a) of the Code. To that end, the City will comply with all requirements of Section 148 <br />of the Code to the extent applicable to the Component Obligation Series 2024. In the event that at <br />any time the City is of the opinion that for purposes of this Section it is necessary to restrict or <br />limit the yield on the investment of any moneys held by the Trustee under the Indenture or <br />otherwise, the City shall so instruct the Trustee in writing, and shall cause the Trustee to take such <br />action as may be necessary in accordance with such instructions. <br />Without limiting the generality of the foregoing, the City agrees that there shall be paid <br />from time to time all amounts required to be rebated to the United States of America pursuant to <br />Section 148(f) of the Code and any temporary, proposed or final Treasury Regulations as may be <br />applicable to the Component Obligation Series 2024 from time to time. This covenant shall survive <br />payment in full or defeasance of the Component Obligation Series 2024. The City specifically <br />covenants to pay or cause to be paid to the United States of America at the times and in the amounts <br />6 <br />55394.00068\42086635.3 <br />
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