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2014-004 SAFA
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2014-004 SAFA
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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
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payments due on account of Parity Obligations. In the event there are insufficient Net System <br />Revenues to make all of the payments contemplated by clause (ii) of the immediately preceding <br />sentence, then said payments should be made as nearly as practicable, pro rata, based upon the <br />respective unpaid principal amounts of said Parity Obligations. <br />(b) After the payments contemplated by paragraph (a) above have been made, any <br />remaining Net System Revenues shall be used to make up any deficiency in the Reserve Funds <br />and Reserve Accounts for Parity Obligations. In the event there are insufficient Net System <br />Revenues to snake up all deficiencies in all Reserve Funds and Reserve Accounts for Parity <br />Obligations, such payments into Reserve Funds and Reserve Accounts shall be made as nearly as <br />practicable pro rata based on the respective unpaid principal amount of all Parity Obligations. <br />Any amounts thereafter remaining in the Water Revenue Fund may from time to time be used to <br />pay for capital expenditures for the Water System or any other lawful purpose of the City, <br />including payments on account of Subordinated Obligations, provided the following conditions <br />are met: <br />(1) all Maintenance and Operation Costs are being and have been paid and are <br />then current; and <br />(2) all deposits and payments contemplated by clause (ii) of paragraph (a) <br />above shall have been made in full and no deficiency in any Reserve Fund or Reserve <br />Account for Parity Obligations shall exist. <br />SECTION 5.03. Additional Obligations. <br />(a) The City may not create any Obligations the payments of which are senior or <br />prior in right to the payment by the City of Parity Obligations. <br />(b) Without regard to Section 5.03(c), the City may at any time enter into or create an <br />obligation or commitment which is a Credit Provider Reimbursement Obligation or a Qualified <br />Swap Agreement provided the Obligation to which the Qualified Swap Agreement relates is a <br />Parity Obligation. <br />(c) After the initial issuance of Parity Obligations herelander, the City may at any <br />time and from time to time issue or create any other Parity Obligations, provided: <br />(1) The City is not in default under the term of this Agreement. <br />(2) (i) Net System Revenues, as certified by the City, for the most recent <br />audited Fiscal Year preceding the date of execution of the Parity Obligations, plus (ii) <br />projected Net System Revenues (as described below) are at least equal to 120% of <br />Aggregate Maximum Annual Debt Service. <br />The projections described in (2)(ii) above may take into account (A) increases in <br />the charges made for service from the Water System which have been adopted by the <br />City prior to the date of issuance or incurrence of such Parity Obligations, but which were <br />not in effect for all or part of such preceding Fiscal Year, and which are scheduled to be <br />effective in the period of Debt Service shown for such Parity Obligations, and (2) an <br />55394.00011 \8819608.3 17 <br />
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