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15-Issuance and Sale of GO Bonds Series 2017
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07/24/2017
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15-Issuance and Sale of GO Bonds Series 2017
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(iii) UNDER NO CIRCUMSTANCES SHALL THE ISSUER BE LIABLE TO THE <br />REGISTERED OWNER OR BENEFICIAL OWNER OF ANY BOND OR ANY OTHER <br />PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN <br />PART FROM ANY BREACH BY THE ISSUER, WHETHER NEGLIGENT OR WITHOUT <br />FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY <br />RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON <br />ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR <br />MANDAMUS OR SPECIFIC PERFORMANCE. <br />(iv) No default by the Issuer in observing or performing its obligations under this Section <br />shall comprise a breach of or default under this Ordinance for purposes of any other provision of <br />this Ordinance. Nothing in this Section is intended or shall act to disclaim, waive, or otherwise <br />limit the duties of the Issuer under federal and state securities laws. <br />(v) Should the Rule be amended to obligate the Issuer to make filings with or provide <br />notices to entities other than the MSRB, the Issuer hereby agrees to undertake such obligation with <br />respect to the Bonds in accordance with the Rule as amended. The provisions of this Section may <br />be amended by the Issuer from time to time to adapt to changed circumstances that arise from a <br />change in legal requirements, a change in law, or a change in the identity, nature, status, or type of <br />operations of the Issuer, but only if (1) the provisions of this Section, as so amended, would have <br />permitted an underwriter to purchase or sell Bonds in the primary offering of the Bonds in <br />compliance with the Rule, taking into account any amendments or interpretations of the Rule since <br />such offering as well as such changed circumstances and (2) either (a) the registered owners of a <br />majority in aggregate principal amount (or any greater amount required by any other provision of <br />this Ordinance that authorizes such an amendment) of the outstanding Bonds consent to such <br />amendment or (b) a person that is unaffiliated with the Issuer (such as nationally recognized bond <br />counsel) determined that such amendment will not materially impair the interest of the registered <br />owners and beneficial owners of the Bonds. The Issuer may also amend or repeal the provisions <br />of this continuing disclosure agreement if the SEC amends or repeals the applicable provision of <br />the Rule or a court of final jurisdiction enters judgment that such provisions of the Rule are <br />invalid, but only if and to the extent that the provisions of this sentence would not prevent an <br />underwriter from lawfully purchasing or selling Bonds in the primary offering of the Bonds. If the <br />Issuer so amends the provisions of this Section, it shall include with any amended financial <br />information or operating data next provided in accordance with subsection (b) of this Section an <br />explanation, in narrative form, of the reason for the amendment and of the impact of any change in <br />the type of financial information or operating data so provided. <br />Section 13. METHOD OF AMENDMENT. The Issuer hereby reserves the right to amend this <br />Ordinance subject to the following terms and conditions, to -wit: <br />(a) The Issuer may from time to time, without the consent of any holder, except as otherwise <br />required by paragraph (b) below, amend or supplement this Ordinance in order to (i) cure any ambiguity, <br />defect or omission in this Ordinance that does not materially adversely affect the interests of the holders, <br />(ii) grant additional rights or security for the benefit of the holders, (iii) add events of default as shall not <br />be inconsistent with the provisions of this Ordinance and that shall not materially adversely affect the <br />interests of the holders, (iv) qualify this Ordinance under the Trust Indenture Act of 1939, as amended, or <br />corresponding provisions of federal laws from time to time in effect, or (v) make such other provisions in <br />regard to matters or questions arising under this Ordinance as shall not be inconsistent with the provisions <br />22 <br />
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