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06-09-2025
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been provided for on or before such due date by irrevocably depositing with or making available <br />to the Paying Agent/Registrar in accordance with an escrow agreement or other instrument (the <br />"Future Escrow Agreement") for such payment (1) lawful money of the United States of America <br />sufficient to make such payment or (2) Defeasance Securities that mature as to principal and <br />interest in such amounts and at such times as will insure the availability, without reinvestment, of <br />sufficient money to provide for such payment, and when proper arrangements have been made by <br />the City with the Paying Agent/Registrar for the payment of its services until all Defeased Notes <br />shall have become due and payable. At such time as a Note shall be deemed to be a Defeased Note <br />hereunder, as aforesaid, such Note and the interest thereon shall no longer be secured by, payable <br />from, or entitled to the benefits of, the ad valorem taxes herein levied and pledged or the pledge of <br />Surplus Revenues as provided in this Ordinance, and such principal and interest shall be payable <br />solely from such money or Defeasance Securities. <br />(b) Any moneys so deposited with the Paying Agent/Registrar may at the written <br />direction of the City be invested in Defeasance Securities, maturing in the amounts and times as <br />hereinbefore set forth, and all income from such Defeasance Securities received by the Paying <br />Agent/Registrar that is not required for the payment of the Notes and interest thereon, with respect <br />to which such money has been so deposited, shall be turned over to the City, or deposited as <br />directed in writing by the City. Any Future Escrow Agreement pursuant to which the money <br />and/or Defeasance Securities are held for the payment of Defeased Notes may contain provisions <br />permitting the investment or reinvestment of such moneys in Defeasance Securities or the <br />substitution of other Defeasance Securities upon the satisfaction of the requirements specified in <br />subsection 6(a)(i) or (ii). All income from such Defeasance Securities received by the Paying <br />Agent/Registrar which is not required for the payment of the Defeased Notes, with respect to which <br />such money has been so deposited, shall be remitted to the City or deposited as directed in writing <br />by the City. <br />(c) The term "Defeasance Securities" means any securities and obligations now or <br />hereafter authorized by State law that are eligible to refund, retire or otherwise discharge <br />obligations such as the Notes. <br />(d) Until all Defeased Notes shall have become due and payable, the Paying <br />Agent/Registrar shall perform the services of Paying Agent/Registrar for such Defeased Notes the <br />same as if they had not been defeased, and the City shall make proper arrangements to provide and <br />pay for such services as required by this Ordinance. <br />(e) In the event that the City elects to defease less than all of the principal amount of <br />Notes of a maturity, the Paying Agent/Registrar shall select, or cause to be selected, such amount <br />of Notes by such random method as it deems fair and appropriate. <br />Section 7. DAMAGED, MUTILATED, LOST, STOLEN, OR DESTROYED <br />NOTES. <br />(a) Re lacement Notes. In the event any outstanding Note is damaged, mutilated, lost, <br />stolen or destroyed, the Paying Agent/Registrar shall cause to be printed, executed and delivered, <br />a new Note of the same principal amount, maturity and interest rate, as the damaged, mutilated, <br />lost, stolen or destroyed Note, in replacement for such Note in the manner hereinafter provided. <br />7 <br />
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