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10A Action 2010 0210
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10A Action 2010 0210
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Last modified
9/27/2010 9:44:02 AM
Creation date
9/16/2010 5:30:32 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
9/20/2010
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_CC Agenda 2010 0920
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2010\Packet 2010 0920
Reso 2010-124
(Reference)
Path:
\City Clerk\City Council\Resolutions\2010
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ARTICLE I <br /> • DEFINITIONS <br /> Section 1.01. Definitions. <br /> Unless the context otherwise requires, the terms defined in this Section 1.01 shall for all <br /> purposes hereof, and of any amendment hereof, and of any opinion or report or other document <br /> mentioned herein or therein, have the meanings defined herein; the following definitions to be <br /> equally applicable to both the singular and plural forms of any of the terms defined herein. All <br /> capitalized terms used in this Operating Agreement and not defined herein shall have the <br /> meanings ascribed thereto in the Trust Agreement. <br /> "Act" means Articles 1 through 4 (commencing with Section 6500) of Chapter 5, <br /> Division 7, Title 1 of the Government Code of the State of Califomia. <br /> "Authority" means the East Bay Regional Communications System Authority, ajoint <br /> exercise of powers authority organized and existing under the Act and any successor thereto. <br /> "Authorized Representative" means: (a) with respect to the Authority, its Chair, Vice <br /> Chair, Executive Director, or Secretary, or any other person designated as an Authorized <br /> Representative of the Authority by a Written Certificate of the Authority signed by its Chair and <br /> filed with the Trustee; and (b) with respect to a User, any person authorized to perform any act or <br /> sign any document by or pursuant to a resolution of the governing board of such User and filed <br /> with the Authority. <br /> "Bondholder or " Bond Owner" means any person who shall be the registered owner of <br /> any Outstanding Bond. <br /> "Bond Law" means Article 4 (commencing with Section 6584) of Chapter 5 of Division 7 <br /> of Title 1 of the California Government Code, as amended from time to time. <br /> "Bonds" means the Revenue Bonds of the Authority issued from time to time to finance <br /> the Project pursuant to the Trust Agreement. <br /> "Business Day" means a day which is not a Saturday, Sunday or legal holiday on which <br /> banking institutions in the State of California, or in any state in which the Office of the Trustee is <br /> located, are closed. <br /> "County" means the County of Alameda and/or the County of Contra Costa, as further <br /> specified herein. <br /> "Debt Service" means the debt service due Alameda and Contra Costa Counties on the <br /> EBRCSA Bonds and set forth iri the Trust Agreement and /or Financing Agreements, as they may <br /> be amended or supplemented from time to time. <br /> "Due Date" means, with respect to the User Payments, August 31st of each year. <br /> Z <br /> Project Operating Agreement 082710 <br />
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