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Ord 2008-010
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Ord 2008-010
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Last modified
9/4/2008 2:23:26 PM
Creation date
7/11/2008 3:43:24 PM
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City Clerk
City Clerk - Document
Ordinances
City Clerk - Type
Certificates of Obligation
Number
2008-10
Date
3/4/2008
Volume Book
175
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(ii) If, on the business day prior to the related scheduled interest payment date or <br />principal payment date ("Payment Date") there is not on deposit with the Paying <br />Agent/Registrar, after making all transfers and deposits required under this Ordinance, <br />moneys sufficient to pay the principal of and interest on the Bonds due on such Payment Date, <br />the Paying Agent/Registrar shall make a claim under the Insurance Policy and give notice to <br />the Insurer and to its designated agent (if any) (the "Insurer's Fiscal Agent") by telephone or <br />telecopy of the amount of such deficiency, and the allocation of such deficiency between the <br />amount required to pay interest on the Bonds and the amount required to pay principal of the <br />Bonds, confirmed in writing to the Insurer and the Insurer's Fiscal Agent by 12:00 noon, New <br />York City time, on such Business Day by filling in the form of Notice of Claim and Certificate <br />delivered with the Insurance Policy. <br />(iii) The Paying Agent/Registrar shall keep a complete and accurate record of all <br />funds deposited by the Insurer into the Policy Payments Account and the allocation of such <br />funds to payment of interest on and principal paid in respect of any Bond. The Insurer shall <br />have the right to inspect such records at reasonable times upon reasonable notice to the <br />Paying Agent/Registrar. <br />(iv) Upon payment of a claim under the Insurance Policy the Paying <br />Agent/Registrar shall establish a separate special purpose trust account for the benefit of the <br />Owners referred to herein as the "Policy Payments Account" and over which the Paying <br />Agent/Registrar shall have exclusive control and sole right of withdrawal. The Paying <br />Agent/Registrar shall receive any amount paid under the Insurance Policy in trust on behalf <br />of Bondholders and shall deposit any such amount in the Policy Payments Account and <br />distribute such amount only for purposes of making the payments for which a claim was <br />made. Such amounts shall be disbursed by the Paying Agent/Registrar to the Owners in the <br />same manner as principal and interest payments are to be made with respect to the Bonds <br />under the sections hereof regarding payment of Bonds. It shall not be necessary for such <br />payments to be made by checks or wire transfers separate from the check or wire transfer <br />used to pay debt service with other funds available to make such payments. <br />(v) Funds held in the Policy Payments Account shall not be invested by the Paying <br />AgentlRegistrar and may not be applied to satisfy any costs, expenses or liabilities of the <br />Paying Agent/Registrar. <br />(vi) Any funds remaining in the Policy Payments Account following a Payment <br />Date shall be promptly remitted to the Insurer. <br />SANMARCOS/W W W SRev2008: Ordinance 45 <br />
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