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Ord 1998-006
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Ord 1998-006
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Last modified
9/18/2007 4:22:34 PM
Creation date
9/11/2006 1:30:20 PM
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Template:
City Clerk
City Clerk - Document
Ordinances
City Clerk - Type
Certificates of Obligation
Number
1998-6
Date
1/26/1998
Volume Book
131
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<br />Section 3.11. Successor Securities Depository: Transfer Outside Book-Entry Only System. <br /> <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 best <br />interest of the beneficial owners of the Bonds that they be able to obtain certificated Bonds, or in the event <br />OTC discontinues the services described herein, the City or the Paying Agent/Registrar shall (i) appoint a <br />successor securities depository, qualified to act as such under Section 17(a) of the Securities and Exchange <br />Act of 1934, as amended, notify DTC and DTC Participants, as identified by DTC, of the appointment of <br />such successor securities depository and transfer one or more separate Bonds to such successor securities <br />depository or (ii) notify DTC and DTC Participants, as identified by DTC, of the availability through OTC <br />of Bonds and transfer one or more separate Bonds to DTC Participants having Bonds credited to their OTC <br />accounts, as identified by DTC. In such event, the Bonds shall no longer be restricted to being registered <br />in the Register in the name of Cede & Co., as nominee ofDTC, but may be registered in the name of the <br />successor securities depository, or its nominee, or in whatever name or names Owners transferring or <br />exchanging Bonds shall designate, in accordance with the provisions of this Order. <br /> <br />Section 3.12. Payments to Cede & Co. <br /> <br />Notwithstanding any other provision of this Order to the contrary, so long as any Bonds are <br />registered in the name of Cede & Co., as nominee of DTC, all payments with respect to principal of, <br />premium, if any, and interest on such Bonds, and all notices with respect to such Bonds, shall be made and <br />given, respectively, in the manner provided in the Representation Letter. <br /> <br />ARTICLE IV <br /> <br />REDEMPTION OF BONDS BEFORE MATURITY <br /> <br />Section 4.01. Limitation on Redemption. <br /> <br />The Bonds shall be subject to redemption before scheduled maturity only as provided in this Article <br /> <br />IV. <br /> <br />Section 4.02. Redemption of Bonds Prior to Maturity. <br /> <br />The City reserves the option to redeem Bonds maturing on and after August 15, 2008 in whole or <br />in part, before their scheduled maturity date, on August 15, 2007, or on any date thereafter (such <br />redemption date or dates to be fixed by the City) at a price equal to the principal amount of the Bonds <br />called for redemption plus accrued interest from the most recent interest payment date on which interest <br />has been paid or duly provided for to the redemption date. The City, at least 45 days before the redemption <br />date (unless a shorter period shall be satisfactory to the Paying Agent/Registrar), shall notify the Paying <br />Agent/Registrar of such redemption date and of the principal amount of Bonds to be redeemed. <br /> <br />Section 4.03. Partial Redemption. <br /> <br />(a) If less than all of the Bonds are to be redeemed, the City shall determine the amounts <br />thereof to be redeemed and shall direct the Paying Agent/Registrar to call by lot Bonds, or portions thereof <br />within such maturity and in such principal amounts, for redemption. <br /> <br />(b) A portion of a single Bond of a denomination greater than $5,000 may be redeemed, but <br />only in a principal amount equal to $5,000 or any integral multiple thereof. The Paying Agent/Registrar <br /> <br />R:\SANMAR\WWSS.98\DOCS\ORDNCE <br /> <br />11 <br />
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