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10B Action 2009 1221
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10B Action 2009 1221
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12/17/2009 10:13:45 AM
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12/17/2009 10:13:36 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
12/21/2009
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_CC Agenda 2009 1221
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2009\Packet 2009 1221
RDA Reso 2009-024
(Reference)
Path:
\City Clerk\City Council\Resolutions\2009
Reso 2009-170
(Reference)
Path:
\City Clerk\City Council\Resolutions\2009
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assigned numbers so selected, but only so much of the principal amount of each such Bond of <br />a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number <br />assigned to it and so selected. All Bonds redeemed or purchased pursuant to this Section 2.03 <br />shall be cancelled and destroyed. <br />(g) Purchase in Lieu of Redemption. In lieu of redemption of the Term Bonds <br />pursuant to the preceding sub-paragraph (b) or pursuant to a Supplemental Indenture, amounts <br />on deposit in the Special Fund or in the Principal Account may also be used and withdrawn by <br />the Agency and the Trustee, respectively, at any time, upon the Written Request of the Agency, <br />for the purchase of the Term Bonds at public or private sale as and when and at such prices <br />(including brokerage and other charges, but excluding accrued interest, which is payable from <br />the Interest Account) as the Agency may in its discretion determine. The par amount of any <br />Term Bonds so purchased by the Agency in any twelve-month period ending on July 1 in any <br />year shall be credited towards and shall reduce the par amount of the Term Bonds required to <br />be redeemed pursuant to subsection (b) on September 1 in each year; provided that evidence <br />satisfactory to the Trustee of such purchase has been delivered to the Trustee by said July 1. <br />Section 2.04. Form of Series 2010 Bonds. The Series 2010 Bonds, the form of <br />Trustee's Certificate of Authentication, and the form of Assignment to appear thereon, shall be <br />substantially in the form set forth in Exhibit A, which is attached hereto and by this reference <br />incorporated herein, with necessary or appropriate variations, omissions and insertions, as <br />permitted or required by this Indenture. <br />Section 2.05. Execution of Bonds. The Bonds shall be executed on behalf of the <br />Agency by the signature of its Executive Director or Treasurer or the designee of either and the <br />signature of its Secretary who are in office on the date of execution and delivery of this <br />Indenture or at any time thereafter. Either or both of such signatures may be made manually or <br />may be affixed by facsimile thereof. If any officer whose signature appears on any Bond <br />ceases to be such officer before delivery of the Bonds to the purchaser, such signature shall <br />nevertheless be as effective as if the officer had remained in office until the delivery of the <br />Bonds to the purchaser. Any Bond may be signed and attested on behalf of the Agency by <br />such persons as at the actual date of the execution of such Bond shall be the proper officers of <br />the Agency although on the date of such Bond any such person shall not have been such <br />officer of the Agency. <br />Only such of the Bonds as shall bear thereon a Certificate of Authentication in the form <br />hereinbefore set forth, manually executed and dated by the Trustee, shall be valid or obligatory <br />for any purpose or entitled to the benefits of this Indenture, and such Certificate shall be <br />conclusive evidence that such Bonds have been duly authenticated and delivered hereunder <br />and are entitled to the benefits of this Indenture. In the event temporary Bonds are issued <br />pursuant to Section 2.09 hereof, the temporary Bonds may bear thereon a Certificate of <br />Authentication executed and dated by the Trustee, may be initially registered by the Trustee, <br />and, until so exchanged as provided under Section 2.09 hereof, the temporary Bonds shall be <br />entitled to the same benefits pursuant to this Indenture as definitive Bonds authenticated and <br />delivered hereunder. <br />Section 2.06. Transfer of Bonds. Any Bond may, in accordance with its terms, be <br />transferred, upon the Registration Books, by the person in whose name it is registered, in <br />person or by a duly authorized attorney of such person, upon surrender of such Bond to the <br />Trustee at its Principal Corporate Trust Office for cancellation, accompanied by delivery of a <br />written instrument of transfer in a form acceptable to the Trustee, duly executed. Whenever any <br />Bond shall be surrendered for transfer, the Agency shall execute and the Trustee shall <br />18 <br />
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