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O-1994-1972
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O-1994-1972
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Last modified
11/2/2016 3:38:54 PM
Creation date
7/24/2006 11:29:28 AM
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Template:
Legislative Records
Legislative Type
Ordinance
Date
3/14/1994
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<br />e <br /> <br />e <br /> <br />be deemed to be paid, retired. and no longer outstanding (a "Defeased Bond") within the meaning of this <br />Ordinance. except to the extent provided in subsection (d) of this Section. when payment of the principal of such <br />Bond. plus interest thereon to the due date (whether such due date be by reason of maturity, upon redemption. or <br />otherwise) either (i) shall have been made or caused to be made in accordance with the tenns thereof (including <br />the giving of any required notice of redemption), or Oi) shall have been provided for on or before such due date <br />by irrevocably depositing with or making available to the Paying AgentlRegistrar for such payment (1) lawful <br />money of the United States of America sufficient to make such payment or (2) direct obligations of the United <br />Stales of America, including obligations the principal of and interest on which are unconditionally guaranteed by <br />the United States of America. which may be United States Treasury obligations such as its State and Local <br />Government Series. and which may be book entry fonn (herein "Government Obligations") which mature as to <br />principal and interest in such amounts and at such time as will insure the availability, without reinvestment, of <br />sufficient money to provide for such payment. and when proper arrangements have been made by the City with <br />the Paying AgentlRegistrar for the payment of its services until all Defeased Bonds shall have become due and <br />payable. At such time as a Bond shall be deemed to be a Defeased Bond hereunder, as aforesaid, such Bond <br />and the interest thereon shall no longer be secured by, payable from. or entitled to the benefits of, the revenue <br />herein levied and pledged as provided in this Ordinance, and such principal and interest shall be payable solely <br />from such money or Government Obligations. <br /> <br />(b) Any money so deposited with the Paying AgentlRegistrar may at the written direction of the <br />City also be invested as hereinbefore set fonh. and all income from such Government Obligations received by <br />the Paying AgentlRegistrar which is not required for the payment of the Bonds and interest thereon. with respect <br />to which such money has been so deposited, shall be turned over to the City, or deposited as directed in writing <br />by the City. <br /> <br />(c) Until all Defeased Bonds shall have become due and payable, the Paying AgentlRegistrar <br />shall perfonn the services of Paying AgentlRegistrar for such Defeased Bonds the same as if they had not been <br />defeased. and the City shall make proper arrangements to provide and pay for such services as required by this <br />Ordinance. <br /> <br />(d) In the event that the principal and/or interest due on the Bonds shall be paid by AMBAC <br />Indemnity pursuant to the municipal bond guaranty insurance policy issed by AMBAC Indemnity insuring the <br />payment when due of the principal of and interest on the Bonds as provided therein (the "Municipal Bond <br />Guaranty Insurance Policy"), the Bonds shall remain outstanding for all purposes, not be defeased or otherwise <br />satisfied, and not be considered paid by the City, and the assignment and pledge of the proceeds of pledged <br />revenues and all covenants. agreements, and other obligations of the City to the registered owners shall continue <br />to exist and shall run to the benefit of AMBAC Indemnity, and AMBAC Indemnity shall be subrogated to the <br />rights of such registered owners. <br /> <br />SECTION 20. TAX COVENANTS. The City covenants to take any action to assure. or refrain <br />from any action which would adversely affect, the treatment of the Bonds as obligations described in section 103 <br />of the Code, the interest on which is not includable in the "gross income" of the holder for purposes of federal <br />income taxation. In furtherance thereof, the City covenants as follows: <br /> <br />(a) to take any action to assure that no more than 10% of the proceeds of the Bonds <br />(less amounts deposited to a reserve fund. if any) are used for any "private business use", as <br />defined in section 141(b)(6) of the Code or. if more than 10% of the proceeds are so used, that <br />amounts. whelher or not received by lhe City, with respect to such private business use, do not, <br />under the tenns of this Ordinance or any underlying arrangement, directly or indirectly, secure <br />or provide for the payment of more than 10% of the debt service on the Bonds. in contra- <br />vention of section 141(b)(2) of the Code: <br /> <br />(b) to take any action to assure that in the event that the "private business use" <br /> <br />18 <br />
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