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Ord 2006-017
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Ord 2006-017
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Last modified
9/18/2007 4:17:39 PM
Creation date
8/27/2007 8:43:02 AM
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City Clerk
City Clerk - Document
Ordinances
City Clerk - Type
Certificates of Obligation
Number
2006-17
Date
5/2/2006
Volume Book
167
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<br />I <br /> <br />I <br /> <br />I <br /> <br />L <br /> <br />The filing of such continuing disclosure information with a central post office approved for <br />such purposes by the SEC, such as Disclosure USA, for submission to the NRMSIRs and SID <br />(without also separately submitting such filings to the NRMSIRs and SID by some other means) will <br />satisfy the City's obligation to file such information with the NRMSIRs and SID so long as such <br />filing is acceptable to the SEC. <br /> <br />ARTICLE XIV <br /> <br />SURETY POLICY AND MUNICIPAL BOND INSURANCE <br /> <br />Section 14.0 I. Payments under the Policy. <br /> <br />(a) In the event that, on the second Business Day, and again on the Business Day, prior <br />to the payment date on the Bonds, the Paying AgentlRegistrar has not received sufficient moneys to <br />pay all principal of and interest on the Bonds due on the second following or following, as the case <br />may be, Business Day, the Paying AgentlRegistrar shall immediately notify the Insurer or its <br />designee on the same Business Day by telephone or telegraph, confirmed in writing by registered or <br />certified mail, of the amount of the deficiency. <br /> <br />(b) If the deficiency is made up in whole or in part prior to or on the payment date, the <br />Paying Agent/Registrar shall so notify the Insurer or its designee. <br /> <br />(c) In addition, if the Paying Agent/Registrar has notice that any Bondholder has been <br />required to disgorge payments of principal or interest on the Bonds to a trustee in bankruptcy or <br />creditors or others pursuant to a final judgment by a court of competent jurisdiction that such <br />payment constitutes an avoidable preference to such Bondholder within the meaning of any <br />applicable bankruptcy laws, then the Paying AgentlRegistrar shall notify the Insurer or its designee <br />of such fact by telephone or telegraphic notice, confirmed in writing by registered or certified mail. <br /> <br />(d) The Paying AgentlRegistrar is hereby irrevocably designated, appointed, directed and <br />authorized to act as attorney-in-fact for Holders of the Bonds as follows: <br /> <br />1. If and to the extent there is a deficiency in amounts required to pay interest <br />on the Bonds, the Paying AgentlRegistrar shall (a) execute and deliver to U.S. Bank Trust <br />National Association, or its successors under the Policy (the "Insurance Paying <br />Agent/Trustee"), in form satisfactory to the Insurance Paying Agent/Trustee, an instrument <br />appointing the Insurer as agent for such Holders in any legal proceeding related to the <br />payment of such interest and an assignment to the Insurer of the claims for interest to which <br />such deficiency relates and which are paid by the Insurer, (b) receive as designee of the <br />respective Holders (and not as Paying Agent/Registrar) in accordance with the tenor of the <br />Policy payment from the Insurance Paying Agent/Trustee with respect to the claims for <br />interest so assigned, and (c) disburse the same to such respective Holders; and <br /> <br />SANMARCOS/WWWSRev2006-2: Ordinance <br /> <br />44 <br />
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