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Ord 2019-003/authorizing the issuance of the City of San Marcos Special Assessment Revenue Bonds, Series 2018 (Trace Public Improvement District); approving aand authorizing an Indenture of Trust, a Bond Purchase Agreement, an Offering Memorandum, a
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Ord 2019-003/authorizing the issuance of the City of San Marcos Special Assessment Revenue Bonds, Series 2018 (Trace Public Improvement District); approving aand authorizing an Indenture of Trust, a Bond Purchase Agreement, an Offering Memorandum, a
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8/15/2019 3:27:16 PM
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2/5/2019 2:38:38 PM
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Ordinances
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2019-03
Date
1/29/2019
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Section 3.12. Successor Securities Depository: Transfer Outside Book -Entry -Only <br />System. <br />In the event that the City determines that DTC is incapable of discharging its <br />responsibilities described herein and in the letter of representations from the City to DTC, the <br />City shall (i) appoint a successor securities depository, qualified to act as such under Section <br />17(a) of the Securities and Exchange Act of 1934, as amended, notify DTC and DTC <br />Participants of the appointment of such successor securities depository and transfer one or more <br />separate Bonds to such successor securities depository; or (ii) notify DTC and DTC Participants <br />of the availability through DTC of certificated Bonds and cause the Paying Agent/Registrar to <br />transfer one or more separate registered Bonds to DTC Participants having Bonds credited to <br />their DTC accounts. In such event, the Bonds shall no longer be restricted to being registered in <br />the Register in the name of Cede & Co., as nominee of DTC, but may be registered in the name <br />of the successor securities depository, or its nominee, or in whatever name or names Owners <br />transferring or exchanging Bonds shall designate, in accordance with the provisions of this <br />Indenture. <br />Section 3.13. Payments to Cede & Co. <br />Notwithstanding any other provision of this Indenture to the contrary, so long as any <br />Bonds are registered in the name of Cede & Co., as nominee of DTC, all payments with respect <br />to principal of, premium, if any, and interest on such Bonds, and all notices with respect to such <br />Bonds shall be made and given, respectively, in the manner provided in the blanket letter of <br />representations from the City to DTC. <br />REDEMPTION OF BONDS BEFORE MATURITY <br />Section 4.1. Limitation on Redemption. <br />The Bonds shall be subject to redemption before their scheduled maturity only as <br />provided in this Article IV. <br />Section 4.2. Mandatory Sinking Fund Redemption. <br />(a) The Bonds maturing on in the years (collectively, "Terni <br />Bonds"), are subject to mandatory sinking fund redemption prior to their respective maturities <br />and will be redeemed by the City in part at the redemption price equal to the principal amount of <br />the Bonds called for redemption, plus accrued and unpaid interest to the date fixed for <br />redemption from moneys available for such purpose in the Principal and Interest Account of the <br />Bond Fund pursuant to Article VI, on the dates and in the respective sinking fund installments as <br />set forth in the following schedule: <br />25 <br />
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