Laserfiche WebLink
This Bond is one of a duly authorized issue of bonds of the City designated as the "City <br />of San Leandro 2012 Taxable Pension Obligation Bonds" (the "Bonds ") of an aggregate <br />principal amount of $ , all of like tenor and date (except for such variation, if any, <br />as may be required to designate varying numbers, maturities or interest rates) and all issued <br />under the provisions of Articles 10 and 11 of Chapter 3 of Part 1 of Division 2 of Title 5 of the <br />California Government Code, commencing with Section 53570 of said Code (the "Bond Law") <br />and under an Indenture of Trust, dated as of 1 2012, between the City and the <br />Trustee (the "Indenture "). The Bonds have been authorized to be issued by the City under <br />resolutions adopted by the City Council of the City on September 6, 2011 and <br />_, 201. Reference is hereby made to the Indenture (copies of which are on file at the office <br />of the City) and all supplements thereto and to the Bond Law for a description of the terms on <br />which the Bonds are issued, and the rights thereunder of the owners of the Bonds and the <br />rights, duties and immunities of the Trustee and the rights and obligations of the City <br />thereunder, to all of the provisions of which the Registered Owner of this Bond, by acceptance <br />hereof, assents and agrees. <br />The Bonds have been issued by the City to refinance obligations of the City owing to the <br />Public Employees Retirement System of the State of California. This Bond and the interest <br />hereon and all other parity obligations and the interest thereon (to the extent set forth in the <br />Indenture) are payable from any source of legally available funds of the City. <br />The rights and obligations of the City and the owners of the Bonds may be modified or <br />amended at any time in the manner, to the extent and upon the terms provided in the Indenture, <br />but no such modification or amendment shall permit a change in the terms of maturity of the <br />principal of any outstanding Bond or of any installment of interest thereon or a reduction in the <br />rate of interest thereon without the consent of the owner of such Bond, or shall reduce the <br />percentages of the owners required to effect any such modification or amendment. <br />The Bonds are subject to redemption prior to their stated maturity, at the option of the <br />City, in whole or in part (and if in part, to be selected as described in subsection (d) below), on <br />any Business Day, at the respective Make -Whole Redemption Price (as defined below) for such <br />maturity. <br />The "Make -Whole Redemption Price" for a particular maturity means the greater of <br />(i) 100% of the initial public offering price of such maturity, but in no case less <br />than principal amount of the Bonds of such maturity to be redeemed, or <br />(ii) the sum of the present value of the remaining scheduled payments of <br />principal of and interest on the Bonds of such maturity to be redeemed, not including <br />any portion of those payments of interest accrued and unpaid as of the date on which <br />the Bonds of such maturity are to be redeemed, discounted to the date on which the <br />Bonds are to be redeemed on a semi - annual basis, assuming a 360 -day year consisting <br />of twelve 30 -day months, at the "Treasury Rate" (defined below) plus [45] basis points, <br />plus, in each case, accrued and unpaid interest with respect to the Bonds of <br />such maturity to be redeemed on the redemption date. <br />The Make -Whole Redemption Price will be determined by an independent accounting <br />firm, investment banking firm, or financial advisor retained by the City, at the City's expense, to <br />B -2 <br />