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<br />65 <br />Litigation <br /> <br />There is no action, suit or proceeding known to the Successor Agency to be pending and <br />notice of which has been served upon and received by the Successor Agency, or threatened, <br />restraining or enjoining the execution or delivery of the 2014 Bonds or the Indenture or in any <br />way contesting or affecting the validity of the foregoing or any proceedings of the Successor <br />Agency taken with respect to any of the foregoing. See, however, “RISK FACTORS- <br />Challenges to Dissolution Act”. <br /> <br />Rating <br /> <br />Standard & Poor’s Financial Services LLC, a subsidiary of The McGraw-Hill Companies, <br />Inc. (“S&P”) has assigned its municipal bond rating of “___” to the 2014 Bonds. <br /> <br />This rating reflects only the view of S&P, and an explanation of the significance of the <br />rating, and any outlook assigned to or associated with the rating, should be obtained from the <br />S&P. <br /> <br />Generally, a rating agency bases its rating on the information and materials furnished to <br />it and on investigations, studies and assumptions of its own. The Successor Agency has <br />provided certain additional information and materials to S&P (some of which does not appear in <br />this Official Statement). <br /> <br />There is no assurance that this rating will continue for any given period of time or that <br />this rating will not be revised downward or withdrawn entirely by S&P, if in the judgment of S&P, <br />circumstances so warrant. Any such downward revision or withdrawal of any rating on the 2014 <br />Bonds may have an adverse effect on the market price or marketability of the 2014 Bonds. <br /> <br />Continuing Disclosure <br /> <br />The Successor Agency will covenant for the benefit of owners of the 2014 Bonds to <br />provide certain financial information and operating data relating to the Successor Agency by not <br />later than March 31 after the end of each fiscal year of the Successor Agency (currently June <br />30th), commencing not later than March 31, 2015 with the report for the 2013-14 fiscal year (the <br />“Annual Report”), and to provide notices of the occurrence of certain listed events. The <br />specific nature of the information to be contained in the Annual Report or the notices of listed <br />events is summarized in “APPENDIX D - FORM OF SUCCESSOR AGENCY CONTINUING <br />DISCLOSURE CERTIFICATE,” attached to this Official Statement. These covenants have been <br />made in order to assist the Underwriter (as defined below) in complying with Securities <br />Exchange Commission Rule 15c2 12(b)(5) (the “Rule”). <br /> <br />The City and its related governmental entities, including the Successor Agency, have <br />previously entered into numerous disclosure undertakings under the Rule in connection with the <br />issuance of long-term obligations. See “APPENDIX E - SUCCESSOR AGENCY FINANCIAL <br />STATEMENTS FOR FISCAL YEAR 2012-13.” [The City and the City's affiliated governmental <br />entities have determined that certain filings relating to three issuances of tax allocation bonds of <br />the Former Agency failed to include budget information and financial reports required by the <br />related undertakings. The City’s has further determined that previous filings relating to three <br />issuances of certificates of participation of the City also omitted certain fund balance amounts <br />and statements of tax increment received as required by the related undertakings. In particular, <br />with respect to one fiscal year, the City failed to file the audited financial statements and the