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2014-004 SAFA
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2014-004 SAFA
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Last modified
7/28/2014 5:07:05 PM
Creation date
7/28/2014 4:13:42 PM
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City Clerk
Doc Type
Resolution
Doc #
2014-004
Date
7/15/2014
Destruction Year
P
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"Supplement" means a supplement, supplemental to or amendatory of this Installment <br />Purchase Agreement providing for the payment of specific Installment Payments as the Purchase <br />Price for Components of the Project, executed and delivered by the City and the Authority. <br />"System Revenues" means all income, rents, rates, fees, charges and other moneys <br />derived from the ownership or operation of the Water System, including, without limiting the <br />generality of the foregoing, (i) all income, rents, rates, fees, charges (including standby and <br />capacity charges), insurance proceeds or other moneys derived by the City from the water <br />services, facilities, and commodities or byproducts sold, furnished or supplied through the <br />facilities of or in the conduct or operation of the business of the Water System, (ii) investment <br />earnings on, and income derived from, the amounts referred to in the preceding clause (i), <br />including investment earnings on the operating reserves, to the extent that the use of such <br />earnings is limited to the Water System by or pursuant to law, and earnings on any Reserve Fund <br />for Obligations but only to the extent that such earnings may be utilized under the Issuing <br />Instrument for the payment of debt service for such Obligations; (iii) the proceeds derived by the <br />City directly or indirectly from the sale or lease of a part of the Water System; and (iv) any <br />amount received from the levy or collection of taxes which are solely available and are <br />earmarked for the support of the operation of the Water System; provided, however, that System <br />Revenues shall not include: (a) customers' deposits or any other deposits or advances subject to <br />refund until such deposits or advances have become the property of the City; and (b) the <br />proceeds of borrowings. Notwithstanding the foregoing, there shall be deducted from System <br />Revenues any amounts transferred into a Rate Stabilization Fund as contemplated by Section <br />6.08(b), and there shall he added to System Revenues any amounts transferred out of such Rate <br />Stabilization Fund to pay Maintenance and Operation Costs. System Revenues shall include <br />reimbursements from the United States of America pursuant to Section 54AA of the Code <br />(Section 1531 of Title I of Division B of the American Recovery and Reinvestment Act of 2009 <br />(Pub. L. No. 111 -5, 23 Stat. 115 (2009), enacted February 17, 2009)), or any future similar <br />program); provided, however, for purposes of complying with the rate setting covenants <br />contained herein and satisfying the debt service coverage requirements in connection with the <br />issuance or incurring of Parity Obligations. <br />"Tax Certificate" means a certificate relating to the requirements of the Code, signed on <br />behalf of the City and the Authority and delivered in connection with the issuance of Tax - <br />Exempt Installment Payment Obligations. <br />"Tax- Exempt Installment Payment Obligations" means Installment Payment Obligations <br />in respect of which it is intended that the interest component thereof will be excluded from gross <br />income of the holders thereof (other than any holder who is a "substantial user" of facilities <br />financed with such obligations or a "related person" within the meaning of Section 147(a) of the <br />Code) for federal income tax purposes, whether or not such interest in includable as an item of <br />tax preference or otherwise includable directly or indirectly for purposes of calculating other tax <br />liabilities, including any alternative minimum tax or environmental tax under the Code. <br />"Tender Indebtedness" means any Parity Obligations or portions of Parity Obligations, a <br />feature of which is an option, on the part of the holders thereof, or an obligation, under the terms <br />of such Parity Obligations, to tender all or a portion of such Parity Obligations to the City, a <br />Paying Agent or other fiduciary or agent for payment or purchase and requiring that such. Bonds <br />55394.00011 \8819608.3 11 <br />
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