Laserfiche WebLink
<br />D–5 <br />business of the City, or if such jurisdiction has been assumed by leaving the existing governing <br />body and officials or officers in possession but subject to the supervision and orders of a court <br />or governmental authority, or the entry of an order confirming a plan of reorganization, <br />arrangement, or liquidation by a court or governmental authority having supervision or <br />jurisdiction over substantially all of the assets or business of the City. <br /> <br />Section 6. Identifying Information for Filings with the MSRB. All documents provided to <br />the MSRB under the Disclosure Certificate shall be accompanied by identifying information as <br />prescribed by the MSRB. <br /> <br />Section 7. Termination of Reporting Obligation. The City’s obligations under this <br />Disclosure Certificate shall terminate upon the legal defeasance, prior redemption or payment in <br />full of all of the Bonds. If such termination occurs prior to the final maturity of the Bonds, the City <br />shall give notice of such termination in the same manner as for a Significant Event under <br />Section 5(c). <br /> <br />Section 8. Dissemination Agent. The City may, from time to time, appoint or engage a <br />Dissemination Agent to assist it in carrying out its obligations under this Disclosure Certificate, <br />and may discharge any Dissemination Agent, with or without appointing a successor <br />Dissemination Agent. Any Dissemination Agent may resign by providing 30 days’ written notice <br />to the City. Initially, [____________] shall act as dissemination hereunder. <br /> <br />Section 9. Amendment; Waiver. Notwithstanding any other provision of this Disclosure <br />Certificate, the City may amend this Disclosure Certificate, and any provision of this Disclosure <br />Certificate may be waived, provided that the following conditions are satisfied: <br /> <br />(a) if the amendment or waiver relates to the provisions of Sections 3(a), 4 or <br />5(a), it may only be made in connection with a change in circumstances that arises from a <br />change in legal requirements, change in law, or change in the identity, nature, or status of an <br />obligated person with respect to the Bonds, or type of business conducted; <br /> <br />(b) the undertakings herein, as proposed to be amended or waived, would, in <br />the opinion of nationally recognized bond counsel, have complied with the requirements <br />of the Rule at the time of the primary offering of the Bonds, after taking into account any <br />amendments or interpretations of the Rule, as well as any change in circumstances; and <br /> <br />(c) the proposed amendment or waiver either (i) is approved by holders of <br />the Bonds in the manner provided in the Indenture for amendments to the Indenture with <br />the consent of holders, or (ii) does not, in the opinion of nationally recognized bond <br />counsel, materially impair the interests of the holders or beneficial owners of the Bonds. <br /> <br />If the annual financial information or operating data to be provided in the Annual Report <br />is amended pursuant to the provisions hereof, the first annual financial information filed <br />pursuant hereto containing the amended operating data or financial information shall explain, in <br />narrative form, the reasons for the amendment and the impact of the change in the type of <br />operating data or financial information being provided. <br /> <br />If an amendment is made to the undertaking specifying the accounting principles to be <br />followed in preparing financial statements, the annual financial information for the year in which <br />the change is made shall present a comparison between the financial statements or information <br />prepared on the basis of the new accounting principles and those prepared on the basis of the