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Res 1983-033
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Res 1983-033
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Last modified
9/10/2007 11:11:05 AM
Creation date
9/10/2007 11:11:05 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
1983-33
Date
6/13/1983
Volume Book
62
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<br /> ARTICLE I <br /> Modification of Terms of Original Indenture <br /> Section 1.01. Article IV of the Original Indenture is hereby <br /> amended to include the following Section 408. <br /> "Section 408. Mandatory Redemption with Excess Original <br /> Proceeds After Completion Date. The Original Bonds shall be <br /> subject to redempt ion pr ior to maturity, in the amounts provided <br /> below, as a result of a deposit of Original Proceeds, in accordance <br /> with Subsections (d) and (e) of Section 3.3 of the Agreement, in <br /> the separate escrow account of the Debt Service Fund created by <br /> Section 602 of the Indenture. Within 10 days of any such deposit, <br /> the Trustee shall notify the User and the Corporation in writing of <br /> the principal amount of Original Bonds to be redeemed, which amount <br /> shall be (i) equal to the amount of Original Proceeds so deposited <br /> in the separate escrow account, unless such amount is not an <br /> integral multiple of $5,000, in which event the principal amount of <br /> Original Bonds to be redeemed shall be in the amount of the deposit <br /> rounded upward to the nearest multiple of $5,000, and (ii) <br /> notwithstanding the provisions of Section 407 of this Indenture to <br /> the contrary, be allocated pro rata to each outstanding maturity of <br /> Original Bonds. Redemption under this Section shall be at a <br /> redemption price equal to the unpaid principal amount of the <br /> Original Bonds being redeemed plus accrued interest, subject to the <br /> restriction of Section 602 of the Indenture to the redemption date <br /> (and, if the redemption date is other than an interest payment <br /> date, interest shall be calculated on the basis of a 360-day year), <br /> without premium, and may occur, subject to the limitations of <br /> Section 405 of this Indenture, on any date selected by the User; <br /> provided, however, if redemption of the specified amount of the <br /> Original Bonds at the redemption price and within the redemption <br /> period specified above would result in the payment of an amount of <br /> interest on the Original Bonds or interest on the Note (including, <br /> without limitation, interest on the Note pursuant to Section 4.1 of <br /> the Agreement together with any other costs that constitute inter- <br /> est under the applicable laws of the State which are contracted <br /> for, charged or received pursuant to the Agreement) which would <br /> result in the payment of interest at a rate in excess of the <br /> maximum rate of nonusurious interest allowable under the applicable <br /> laws of the State or applicable federal law, then, notwithstanding <br /> the foregoing, the date or dates on which the redemption shall <br /> occur and the redemption price shall become due and payable shall <br /> be delayed by the User until the earliest Banking Day that will <br /> result in the payment of interest on the Bonds and interest on the <br /> -2- <br />
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