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Res 1998-192
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Res 1998-192
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Last modified
4/27/2007 2:17:07 PM
Creation date
4/24/2007 2:16:28 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
1998-192
Date
9/28/1998
Volume Book
134
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<br /> (10) Release, substitution, or sale of property securing repayment of the securities; <br /> and <br /> (11) Rating changes. <br /> (b) Whenever GBRA obtains knowledge of the occurrence of one of the above events, <br /> whether because of a notice trom the Disclosure Party pursuant to Section 2 or otherwise, GBRA <br /> shall, in a timely manner, determine if such event would constitute material information for <br /> bondholders and beneficial owners of Bonds. <br /> (c) IfGBRA determines that the occurrence of one of the above events is material within <br /> the meaning of applicable federal securities laws and regulations promulgated thereunder, GBRA shall <br /> promptly file a notice of such occurrence with each NRMSIR or the MSRB and each SID. <br /> (d) GBRA undertakes to and shall provide annually to each NRMSIR and any SID, within <br /> six months after the end of each of its fiscal years following the issuance of the Bonds, financial <br /> information with respect to GBRA as specified and included in Table 10 of the final official statement <br /> relating to the Bonds <br /> SECTION 4. Limitations, Disclaimers, and Amendments. <br /> GBRA and the Disclosure Party shall be obligated to observe and perform the covenants <br /> specified in this Agreement for so long as, but only for so long as, the Disclosure Party remains an <br /> "obligated person" with respect to the Bonds within the meaning of the Rule, except that the <br /> Disclosure Party in any event will give notice of any deposit made that causes the Bonds no longer <br /> to be outstanding. <br /> The provisions of this Agreement are for the sole benefit of (and may be enforced by) the <br /> bondholders and beneficial owners of the Bonds and the parties to this Agreement, and nothing in this <br /> Agreement, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim <br /> hereunder to any other person. GBRA and the Disclosure Party undertake to provide only the <br /> financial information, operating data, financial statements, and notices which each has expressly <br /> agreed to provide pursuant to this Agreement and do not hereby undertake to provide any other <br /> information that may be relevant or material to a complete presentation ofGBRA's or the Disclosure <br /> Party's financial results, condition, or prospects or hereby undertake to update any information <br /> provided in accordance with this Agreement or otherwise, except as expressly provided herein. <br /> Neit.her.GBRA nor the Disclosure Party make any representation or warranty concerning such <br /> information or its usefulness to a decision to invest in or sell the Bonds at any future date. <br /> UNDER NO CIRCUMSTANCES SHALL GBRA OR THE DISCLOSURE PARTY, BE <br /> LIABLE TO THE BONDHOLDER OR BENEFICIAL OWNER OF ANY BOND OR ANY <br /> OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR <br /> IN PART FROM ANY BREACH BY GBRA OR THE DISCLOSURE PARTY, RESPECTIVELY, <br /> WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT <br /> SPECIFIED IN TillS AGREENJENT, BUT EVERY RIGHT AND RENJEDY OF ANY SUCH <br /> 3 <br />
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