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Ord 2011-057
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Ord 2011-057
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G. Modifications to rights of holders of the Bonds, if material within the meaning of the <br />federal securities laws; <br />H. Bond calls, if material within the meaning of the federal securities laws; <br />I. Defeasances; <br />I Release, substitution, or sale of property securing repayment of the Bonds, if material <br />within the meaning of the federal securities laws; <br />K. Rating changes; <br />L. Bankruptcy, insolvency, receivership or similar event of the City; <br />M. The consummation of a merger, consolidation, or acquisition involving the City or the <br />sale of all or substantially all of the assets of the City, other than in the ordinary course of business, <br />the entry into a definitive agreement to undertake such an action or the termination of a definitive <br />agreement relating to any such actions, other than pursuant to its terms, if material within the meaning <br />of the federal securities laws; and <br />N. Appointment of a successor or additional trustee or the change of name of a trustee, <br />if material within the meaning of the federal securities laws. <br />The City shall notify the MSRB, in an electronic format as prescribed by the MSRB, in a <br />timely manner, of any failure by the City to provide financial information or operating data in <br />accordance with this subsection by the time required. All documents provided to the MSRB pursuant <br />to this subsection shall be accompanied by identifying information as prescribed by the MSRB. <br />(c) Limitations Disclaimers, and Amendments. The City shall be obligated to observe and <br />perform the covenants specified in this Section for so long as, but only for so long as, the City <br />remains an "obligated person" with respect to the Bonds within the meaning of the Rule, except that <br />the City in any event will give the notice required by this Ordinance of any Bond calls and defeasance <br />that cause the Bonds to be no longer outstanding. <br />The provisions of this Section are for the sole benefit of the holders and beneficial owners of <br />the Bonds, and nothing in this Section, express or implied, shall give any benefit or any legal or <br />equitable right, remedy, or claim hereunder to any other person. The City undertakes to provide only <br />the financial information, operating data, financial statements, and notices that it has expressly agreed <br />to provide pursuant to this Section and does not hereby undertake to provide any other information <br />that may be relevant or material to a complete presentation of the City's financial results, condition, <br />or prospects relating to the Financing System or hereby undertake to update any information provided <br />in accordance with this Section or otherwise, except as expressly provided herein. The City does not <br />make any representation or warranty concerning such information or its usefulness to a decision to <br />invest in or sell Bonds at any future date. <br />San Marcos GORB 2011 - Delegated: Ordinance 26 <br />
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