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10A Action 2008 0602 Attach - Indenture of Trust
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10A Action 2008 0602 Attach - Indenture of Trust
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5/27/2008 3:37:46 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
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6/2/2008
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10A Action 2008 0602
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otherwise liable for, the payment of principal of or interest or redemption premium, if any, on the <br />Bonds. <br />The Bonds maturing on or before September 1, 2018, are not subject to optional <br />redemption prior to maturity. The Bonds maturing on and after September 1, 2019, are subject <br />to redemption, at the option of the Agency, on any date on or after September 1, 2018, as a <br />whole or in part, by such maturities as shall be determined by the Agency, and by lot within a <br />maturity, from any available source of funds, at a redemption price equal to the principal amount <br />of the Bonds to be redeemed, together with accrued interest thereon to the date fixed for <br />redemption. <br />The Bonds maturing on September 1, 203_ (the "Term Bonds") shall also be subject to <br />mandatory redemption in whole, or in part by lot, on September 1 in each year, commencing <br />September 1, 20_, as set forth below, from sinking fund payments made by the Agency to the <br />Principal Account at a redemption price equal to the principal amount thereof to be redeemed, <br />without premium, in the aggregate respective principal amounts and on September 1 in the <br />respective years as set forth in the following table; provided however, that (x) in lieu of <br />redemption thereof the Term Bonds may be purchased by the Agency pursuant to the <br />Indenture, and (y) if some but not all of the Term Bonds have been redeemed pursuant to <br />optional redemption, the total amount of all future sinking fund payments shall be reduced by <br />the aggregate principal amount of the Term Bonds so redeemed, to be allocated among such <br />sinking fund payments in integral multiples of $5,000 (notice of which determination shall be <br />given by the Agency to the Trustee). <br />Term Bonds of 203 <br />September 1 Principal Amount <br />As provided in the Indenture, notice of redemption shall be given by first class mail no <br />less than thirty (30) nor more than sixty (60) days prior to the redemption date to the respective <br />registered owners of any Bonds designated for redemption at their addresses appearing on the <br />Bond registration books maintained by the Trustee, but neither failure to receive such notice nor <br />any defect in the notice so mailed shall affect the sufficiency of the proceedings for redemption. <br />The Agency shall have the right to rescind any optional redemption by written notice to <br />the Trustee on or prior to the date fixed for redemption. Any notice of optional redemption shall <br />be canceled and annulled if for any reason funds will not be or are not available on the date <br />fixed for redemption for the payment in full of the Bonds then called for redemption, and such <br />cancellation shall not constitute an Event of Default under the Indenture. The Agency and the <br />Trustee shall have no liability to the Owners or any other party related to or arising from such <br />rescission of redemption. The Trustee shall mail notice of such rescission of redemption in the <br />same manner and to the same recipients as the original notice of redemption was sent. <br />A-3 <br />
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