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Ord 2009-035
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Ord 2009-035
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Last modified
8/6/2009 8:19:32 AM
Creation date
6/22/2009 11:08:14 AM
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City Clerk
City Clerk - Document
Ordinances
City Clerk - Type
Certificates of Obligation
Number
2009-35
Date
6/16/2009
Volume Book
182
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Section 3.10. Successor Securities Depositoa, Transfer Outside Book-Entry-Only System. <br />In the event that the City or the Paying Agent/Registrar determines that DTC is incapable of <br />discharging its responsibilities described herein and in the Representation Letter, and that it is in the <br />best interest of the beneficial owners of the Bonds that they be able to obtain certificated Bonds, or <br />in the event DTC discontinues the services described herein, the City or the Paying Agent/Registrar <br />shall (i) appoint a successor securities depository, qualified to act as such under Section 17(a) of the <br />Securities and Exchange Act of 1934, as amended, notify DTC and DTC Participants, as identified <br />by DTC, ofthe appointment of such successor securities depository and transfer one or more separate <br />Bonds to such successor securities depository or (ii) notify DTC and DTC Participants, as identified <br />by DTC, of the availability through DTC of Bonds and transfer one or more separate Bonds to DTC <br />Participants having Bonds credited to their DTC accounts, as identified by DTC. In such event, the <br />Bonds shall no longer be restricted to being registered in the Register in the name of Cede & Co., as <br />nominee of DTC, but may be registered in the name of the successor securities depository, or its <br />nominee, or in whatever name or names Owners transferring or exchanging Bonds shall designate, <br />in accordance with the provisions of this Ordinance. <br />Section 3.11. Payments to Cede & Co. <br />Notwithstanding any other provision of this Ordinance to the contrary, so long as any Bonds <br />are registered in the name of Cede & Co., as nominee of DTC, all payments with respect to principal <br />of, premium, if any, and interest on such Bonds, and all notices with respect to such Bonds, shall be <br />made and given, respectively, in the manner provided in the Representation Letter. <br />ARTICLE IV <br />REDEMPTION OF BONDS BEFORE MATURITY <br />Section 4.01. Limitation on Redemption. <br />The Bonds shall be subject to redemption before scheduled maturity only as provided in this <br />Article IV. <br />Section 4.02. Redemption of Bonds Prior to Maturity. <br />(a) Optional Redemption. <br />(i) The City reserves the option to redeem the Bonds maturing on and after <br />August 15, 2020, in whole or from time to time in part, before their scheduled maturity date, <br />on August 15, 2019, or on any date thereafter (such redemption date or dates to be fixed by <br />the City) at a price equal to the principal amount of the Bonds called for redemption plus <br />accrued interest from the most recent interest payment date on which interest has been paid <br />or duly provided for to the redemption date. <br />San Marcos GO 2009 Ordinance 13
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