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Ord 2010-063-1
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Ord 2010-063-1
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WHEREAS, The Bank of New York Mellon Trust Company, N.A. is the paying agent for <br />the Refunded Obligations; and <br />WHEREAS, Chapter 1207 makes it the duty of the Escrow Agent to comply with the terms <br />of this Agreement and timely make available to the other places of payment (paying agents) for the <br />Refunded Obligations the amounts required to provide for the payment ofthe principal of and interest <br />on such obligations when due, and in accordance with their terms, but solely from the funds, in the <br />manner, and to the extent provided in this Agreement; and <br />WHEREAS, the Issuer's General Obligation Refunding Bonds, Series 2010 (the "Refunding <br />Obligations ") have been issued, sold and delivered for the purpose, among others, of obtaining the <br />funds required to provide for the payment ofthe principal ofthe Refunded Obligations at their respec- <br />tive maturity dates or dates of redemption and the interest thereon to such dates as set forth in the <br />Report; and <br />WHEREAS, the Issuer desires that, concurrently with the delivery of the Refunding <br />Obligations to the purchasers thereof, certain proceeds of the Refunding Obligations, together with <br />certain other available funds of the Issuer, if applicable, shall be applied to purchase certain direct <br />obligations of the United States of America hereinafter defined as the "Escrowed Securities" for <br />deposit to the credit of the Escrow Fund created pursuant to the terms of this Agreement and to <br />establish a beginning cash balance (if needed) in such Escrow Fund; and <br />WHEREAS, the Escrowed Securities shall mature and the interest thereon shall be payable <br />at such times and in such amounts so as to provide moneys which, together with cash balances from <br />time to time on deposit in the Escrow Fund, will be sufficient to pay interest on the Refunded <br />Obligations as it accrues and becomes payable and the principal of the Refunded Obligations on their <br />respective maturity dates or dates of redemption; and <br />WHEREAS, to facilitate the receipt and transfer of proceeds of the Escrowed Securities, <br />particularly those in book entry form, the Issuer desires to establish the Escrow Fund at the principal <br />corporate trust office of the Escrow Agent; and <br />WHEREAS, the Escrow Agent is herein also referred to as the "Paying Agent," and any <br />paying agent for the Refunded Obligations, acting through the Escrow Agent, is also a party to this <br />Agreement, as a paying agent for the Refunded Obligations to acknowledge their acceptance of the <br />terms and provisions of this Agreement in such capacity. <br />NOW, THEREFORE, in consideration ofthe mutual undertakings, promises and agreements <br />herein contained, the sufficiency of which are hereby acknowledged, and in order to secure the full <br />and timely payment of principal of and the interest on the Refunded Obligations, the Issuer and the <br />Escrow Agent mutually undertake, promise, and agree for themselves and their respective <br />representatives and successors, as follows: <br />San Marcos: GORB 2010: EscrowAgr 2 <br />
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