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Item PFA-3 - Water Revenue Bonds
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Item PFA-3 - Water Revenue Bonds
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5/30/2024 4:32:57 PM
Creation date
5/29/2024 6:14:44 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Finance & Management Services
Item #
PFA-3
Date
6/4/2024
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the selling group and each broker -dealer that is a party to such third -party distribution <br />agreement, as applicable: <br />(i) (1) to report the prices at which it sells to the public the <br />unsold Bonds of each maturity allocated to it, whether or not the Closing Date has occurred, <br />until either all Bonds of that maturity allocated to it have been sold or it is notified by the <br />Underwriter that the 10% test has been satisfied as to the Bonds of that maturity, provided <br />that, the reporting obligation after the Closing Date may be at reasonable periodic intervals or <br />otherwise upon request of the Underwriter, and (2) to comply with the hold -the -offering - <br />price rule, if applicable, if and for so long as directed by the Underwriter, <br />(ii) to promptly notify the Underwriter of any sales of Bonds that, <br />to its knowledge, are made to a purchaser who is a related parry to an underwriter <br />participating in the initial sale of the Bonds to the public (each such term being used as <br />defined below), and <br />(iii) to acknowledge that, unless otherwise advised by the dealer or <br />broker -dealer, the Underwriter shall assume that each order submitted by the dealer or <br />broker -dealer is a sale to the public. <br />(2) any selling group agreement relating to the initial sale of the Bonds to <br />the public, together with the related pricing wires, contains or will contain language <br />obligating each dealer that is a parry to a third -party distribution agreement to be employed in <br />connection with the initial sale of the Bonds to the public to require each broker -dealer that is <br />a party to such third -party distribution agreement to (A) report the prices at which it sells to <br />the public the unsold Bonds of each maturity allocated to it, whether or not the Closing Date <br />has occurred, until either all Bonds of that maturity allocated to it have been sold or it is <br />notified by the Underwriter or the dealer that the 10% test has been satisfied as to the Bonds <br />of that maturity, provided that, the reporting obligation after the Closing Date may be at <br />reasonable periodic intervals or otherwise upon request of the Underwriter or the dealer, and <br />(B) comply with the hold -the -offering -price rule, if applicable, if and for so long as directed <br />by the Underwriter or the dealer and as set forth in the related pricing wires. <br />(f) The Authority acknowledges that, in making the representations set forth in <br />this section, the Underwriter will rely on (1) in the event a selling group has been created in <br />connection with the initial sale of the Bonds to the public, the agreement of each dealer who is a <br />member of the selling group to comply with the requirements for establishing issue price of the <br />Bonds, including, but not limited to, its agreement to comply with the hold -the -offering -price rule, if <br />applicable to the Bonds, as set forth in a selling group agreement and the related pricing wires, and <br />(2) in the event that a third -party distribution agreement was employed in connection with the initial <br />sale of the Bonds to the public, the agreement of each broker -dealer that is a party to such agreement <br />to comply with the requirements for establishing issue price of the Bonds, including, but not limited <br />to, its agreement to comply with the hold -the -offering -price rule, if applicable to the Bonds, as set <br />forth in the third -party distribution agreement and the related pricing wires. The Authority further <br />acknowledges that the Underwriter shall not be liable for the failure of any dealer who is a member <br />of a selling group, or of any broker -dealer that is a parry to a third -party distribution agreement, to <br />comply with its corresponding agreement to comply with the requirements for establishing issue <br />price of the Bonds, including, but not limited to, its agreement to comply with the hold -the -offering - <br />price rule, if applicable to the Bonds. <br />4 <br />Error! Unknown document property name. <br />
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