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ARTICLE IV <br />SECURITY OF BONDS; FLOW OF FUNDS; <br />INVESTMENTS <br />SECTION 4.01. Security of Bonds; Equal Security. The obligations of the City under the <br />Bonds, including the obligation to make all payments of principal of and interest on the Bonds <br />when due and the obligation of the City to make the deposits required hereunder for the <br />security of the Bonds, are obligations of the City imposed by law and are absolute and <br />unconditional, without any right of set -off or counterclaim. The Bonds do not constitute an <br />obligation of the City for which the City is obligated to levy or pledge any form of taxation. <br />Neither the Bonds nor the obligations of the City to make payments on the Bonds constitute an <br />indebtedness of the City, the State of California, or any of its political subdivisions within the <br />meaning of any constitutional or statutory debt limitation or restriction. <br />In consideration of the acceptance of the Bonds by those who hold the same from time <br />to time, this Indenture constitutes a contract between the City and the Owners from time to time <br />of the Bonds, and the covenants and agreements herein set forth to be performed on behalf of <br />the City are for the equal and proportionate benefit, security and protection of all Owners of the <br />Bonds without preference, priority or distinction as to security or otherwise of any of the Bonds <br />over any of the others by reason of the number or date thereof or the time of sale, execution <br />and delivery thereof, or otherwise for any cause whatsoever, except as expressly provided <br />therein or herein. <br />SECTION 4.02. Debt Service Fund; Transfer of Amounts to Trustee. There is hereby <br />established a separate fund to be known as the "Debt Service Fund" which shall be held by the <br />Trustee in trust for the benefit of the Bond Owners. The Trustee will hold the Debt Service <br />Fund for the uses and purposes set forth herein, so long as any of the Bonds remain <br />Outstanding. The City will transfer an amount of legally available funds to the Trustee in the <br />following amounts at the following times, for deposit by the Trustee in the following respective <br />special accounts within the Debt Service Fund, which accounts are hereby established with the <br />Trustee with respect to the Bonds, in the following order of priority: <br />(a) Interest Account On or before the 3 rd Business Day preceding each date <br />on which interest on the Bonds is due and payable, the City will transfer to <br />the Trustee for deposit in the Interest Account an amount which, when <br />added to the amount then on deposit in the Interest Account, equals the <br />aggregate amount of the interest coming due and payable on the <br />Outstanding Bonds on that date. The Trustee will apply amounts in the <br />Interest Account solely for the purpose of paying the interest on the Bonds <br />when due and payable. <br />(b) Principal Account On or before the 3 rd Business Day preceding each date <br />on which principal of the Bonds is due and payable at maturity or upon <br />mandatory sinking fund redemption, the City will transfer to the Trustee for <br />deposit in the Principal Account an amount which, when added to the <br />amount then on deposit in the Principal Account, equals the amount of <br />principal coming due and payable on that date on the Outstanding Bonds, <br />including the principal amount of the Term Bonds which are subject to <br />mandatory sinking fund redemption on that date under Section 2.03(b). <br />The Trustee will apply amounts in the Principal Account solely for the <br />purpose of paying the principal of the Bonds at the maturity thereof and the <br />12 <br />