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SA_FULL PACKET_2016-07-05
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SA_FULL PACKET_2016-07-05
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Last modified
6/30/2016 5:41:03 PM
Creation date
6/30/2016 5:40:40 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
3
Date
7/5/2016
Destruction Year
2021
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be applied upon principal immediately upon receipt of such moneys by the 2016 Bond <br />Insurer, with the same force and effect as if the Agency had specifically designated such <br />extra sums to be so applied and the 2016 Bond Insurer had agreed to accept such extra <br />payment(s) as additional interest for such later periods. In no event shall any agreed -to or <br />actual exaction as consideration for the indebtedness created herein exceed the limits <br />imposed or provided by the law applicable to this transaction for the use or detention of <br />money or for forbearance in seeking its collection. <br />(b) Repayment of draws and payment of expenses and accrued interest <br />thereon at the Late Payment Rate (collectively, "Policy Costs ") shall commence in the <br />first month following each draw, and each such monthly payment shall be in an amount <br />at least equal to 1(12 of the aggregate of Policy Costs related to such draw. <br />(c) The obligation to pay Policy Costs shall be secured by a valid lien on all <br />revenues and other collateral pledged as security for the Series 2016 Bonds (subject only <br />to the priority of payment provisions set forth under the Indenture). Amounts in respect <br />of Policy Costs paid to the 2016 Bond Insurer shall be credited first to interest due, then <br />to the expenses due and then to principal due. As and to the extent that payments are <br />made to the 2016 Bond Insurer on account of principal due, the coverage under the 2016 <br />Reserve Policy will be increased by a like amount, subject to the terms of the 2016 <br />Reserve Policy. <br />(d) All cash and investments in the Reserve Account not otherwise securing a <br />particular Series of Bonds shall be transferred to the Interest Account and Principal <br />Account of the Tax Increment Fund for payment of debt service on the Series 2016 <br />Bonds before any drawing may be made on the 2016 Reserve Policy or any other <br />Qualified Reserve Account Credit Instrument credited to the Reserve Account in lieu of <br />cash, Payment of any Policy Costs shall be made prior to replenishment of any such cash <br />amounts. Draws on all Qualified Reserve Account Credit Instruments (including the 2016 <br />Reserve Policy) on which there is available coverage shall be made on a pro -rata basis <br />(calculated by reference to the coverage then available thereunder) after applying all <br />available cash and investments in the Reserve Account. Payment of Policy Costs and <br />reimbursement of amounts with respect to other Qualified Reserve Account Credit <br />Instruments shall be made on a pro -rata basis prior to replenishment of any cash drawn <br />from the Reserve Account. For the avoidance of doubt, "available coverage means the <br />coverage then available for disbursement pursuant to the terms of the applicable <br />alternative credit instrument without regard to the legal or financial ability or willingness <br />of the provider of such instrument to honor a claim or draw thereon or the failure of such <br />provider to honor any such claim or draw. <br />(e) Upon a faihue to pay Policy Costs when due or any other breach of the <br />terms of this Section, the 2016 Bond Insurer shall be entitled to exercise any and all legal <br />and equitable remedies available to it, including those provided under the Indenture, other <br />than (i) acceleration of the maturity of the Series 2016 Bonds, if any, or (ii) remedies <br />which would adversely affect owners of the Series 2016 Bonds. <br />33 <br />3 -51. <br />
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