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Ord 2008-007
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Ord 2008-007
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Last modified
9/4/2008 2:23:01 PM
Creation date
7/1/2008 3:18:00 PM
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City Clerk
City Clerk - Document
Ordinances
Number
2008-7
Date
3/4/2008
Volume Book
175
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The failure of any Owner of the Bonds to receive notice given as provided in this Section <br />2.04, or any defect therein, shall not affect the validity of any proceedings for the redemption of any <br />Bonds. Any notice mailed as provided in this Section 2.04 shall be conclusively presumed to have <br />been duly given and shall become effective upon mailing, whether or not any Owner receives such <br />notice. <br />So long as DTC is effecting book-entry transfers of the Bonds, the Paying Agent/Registrar <br />shall provide the notices specified in this Section 2.04 only to DTC It is expected that DTC shall, <br />in turn, notify its participants and that the participants, in turn, will notify or cause to be notified the <br />beneficial owners. Any failure on the part of DTC or a participant, or failure on the part of a <br />nominee of a beneficial owner of a Bond to notify the beneficial owner of the Bond so affected, shall <br />not affect the validity of the redemption of such Series of Bonds. <br />(c) Conditional Notice of Redemption. With respect to any optional redemption of the <br />Bonds, unless certain prerequisites to such redemption required by the Master Ordinance or this First <br />Supplement have been met and moneys sufficient to pay the principal of and premium, if any, and <br />interest on the Bonds to be redeemed shall have been received by the Paying Agent prior to the <br />giving of such notice of redemption, such notice shall state that said redemption may, at the option <br />of the City, be conditional upon the satisfaction of such prerequisites and receipt of such moneys <br />by the Paying Agent/Registrar on or prior to the date fixed for such redemption, or upon any <br />prerequisite set forth in such notice of redemption. If a conditional notice of redemption is given <br />and such prerequisites to the redemption and sufficient moneys are not received, such notice shall <br />be of no force and effect, the City shall not redeem such Bonds and the Paying Agent/Registrar shall <br />give notice, in the manner in which the notice of redemption was given, to the effect that the Bonds <br />have not been redeemed. <br />Section 2.05. REGISTRATION; TRANSFER; EXCHANGE OF BONDS; <br />PREDECESSOR BONDS; BOOK-ENTRY-ONLY SYSTEM; SUCCESSOR SECURITIES <br />DEPOSITORY; PAYMENTS TO CEDE & CO. (a) Registration, Transfer, Exchange, and <br />Predecessor Bonds. The Registrar shall obtain, record, and maintain in the Security Register the <br />name and address of each Owner issued under and pursuant to the provisions of this First <br />Supplement. Any Bond may, in accordance with its terms and the terms hereof, be transferred or <br />exchanged for Bonds in Authorized Denominations upon the Security Register by the Owner, in <br />person or by his duly authorized agent, upon surrender of such Bond to the Registrar for <br />cancellation, accompanied by a written instrument of transfer or request for exchange duly executed <br />by the Owner or by his duly authorized agent, in form satisfactory to the Registrar. <br />Upon surrender for transfer of any Bond at the designated office of the Registrar, there shall <br />be registered and delivered in the name of the designated transferee or transferees, one or more new <br />Bonds, executed on behalf of, and furnished by, the City, of Authorized Denominations and having <br />the same Maturity and of a like aggregate principal amount as the Bond or Bonds surrendered for <br />transfer. <br />At the option of the Owner, Bonds may be exchanged for other Bonds of Authorized <br />Denominations and having the same Maturity, bearing the same rate of interest, and of like <br />SAN MARCOS 2008: FirstSupplementalOtdinance <br />
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