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Finance Highlights 2011 0909
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Finance Highlights 2011 0909
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9/13/2011 5:38:30 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Committee Highlights
Document Date (6)
9/9/2011
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_CC Agenda 2011 0919
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\City Clerk\City Council\Agenda Packets\2011\Packet 2011 0919
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SECTION 9.03. Defeasance of Bonds. If the City pays and discharges the entire <br />indebtedness on any Bonds in any one or more of the following ways: <br />(a) by paying or causing to be paid the principal of and interest on such <br />Bonds, as and when the same become due and payable; <br />(b) by irrevocably depositing with the Trustee or an escrow bank, in <br />trust, at or before maturity, an amount of cash which, together with <br />the available amounts then on deposit in the funds and accounts <br />established under this Indenture, in the opinion or report of an <br />Independent Accountant is fully sufficient to pay such Bonds, <br />including all principal, interest and redemption premium, if any; <br />(c) by irrevocably depositing with the Trustee or an escrow bank, in <br />trust, Federal Securities in such amount as an Independent <br />Accountant determines will, together with the interest to accrue <br />thereon and available moneys then on deposit in any of the funds <br />and accounts established under this Indenture, be fully sufficient to <br />pay and discharge the indebtedness on such Bonds (including all <br />principal, interest and redemption premium, if any) at or before <br />maturity; or <br />(d) by purchasing such Bonds prior to maturity and tendering such <br />Bonds to the Trustee for cancellation; <br />and if such Bonds are to be redeemed prior to the maturity thereof notice of such <br />redemption has been duly given or provision satisfactory to the Trustee has been made <br />for the giving of such notice, then, at the election of the City, and notwithstanding that <br />any such Bonds have not been surrendered for payment, all obligations of the Trustee <br />and the City under this Indenture with respect to such Bonds shall cease and terminate, <br />except only: <br />(a) the obligation of the Trustee to transfer and exchange Bonds <br />hereunder, <br />(b) the obligation of the City to pay or cause to be paid to the Owners <br />of such Bonds, from the amounts so deposited with the Trustee, all <br />sums due thereon, and <br />(c) the obligations of the City to compensate and indemnify the Trustee <br />under Section 6.06. <br />The City must file notice of such election with the Trustee. The Trustee shall pay <br />any funds thereafter held by it, which are not required for said purpose, to the City. <br />To accomplish defeasance, the City shall cause to be delivered (i) a report of an <br />Independent Accountant verifying the sufficiency of the escrow established to pay the <br />Bonds in full on the maturity or redemption date ( "Verification "), (ii) an Escrow Deposit <br />Agreement, (iii) an opinion of Bond Counsel to the effect that the Bonds are no longer <br />Outstanding and (iv) a certificate of discharge of the Trustee with respect to the Bonds. <br />Each Verification and defeasance opinion shall be acceptable in form and substance, <br />and addressed, to the City and the Trustee <br />25 <br />
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