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08-ordinance authorizing the issuance and sale of the City's Combination Tax & Revenue Certificates of Obligation
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08-ordinance authorizing the issuance and sale of the City's Combination Tax & Revenue Certificates of Obligation
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8/22/2012 3:52:50 PM
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3/5/2010 4:39:10 PM
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CITY CLERK
Doc Name
08
Doc Type
Agenda
CITY CLERK - Date
3/8/2010
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included in the final Official Statement authorized by Section l l af this Ordinance, being the <br />information described in Exhibit A hereto. Any financial statements so to be provided shall be (1) <br />prepared in accordance with the accounting principles described in Exhibit A hereto, or such other <br />accounting principles as the Issuer may be required to employ from time to time pursuant to state <br />law or regulation, and (2) audited, if the Issuer commissions an audit of such statements and the <br />audit is completed within the period during which they must be provided. If the audit of such <br />financial statements is not complete within such period, then the Issuer shall provide unaudited <br />financial statements by the required time and will provide audited financial statements for the <br />applicable fiscal year to the MSRB, when and if the audit report on such statements become <br />available. Such information shall be transmitted electronically to the MSRB, in such format and <br />accompanied by such identifying information as prescribed by the MSRB. <br />(ii) If the Issuer changes its fiscal year, it will notify the MSRB of the change (and of the <br />date of the new fiscal year end) prior to the next date by which the Issuer otherwise would be <br />required to provide financial information and operating data pursuant to this Section. The financial <br />information and operating data to be provided pursuant to this Section may be set forth in full in one <br />or more documents or may be included by specific reference to any document (including an official <br />statement or other affering document, if it is available from the MSRB) that theretofore has been <br />provided to the MSRB or filed with the SEC. <br />(b) Material Event Notices. The Issuer shall notify the MSRB, in a timely manner, of any <br />of the following events with respect to the Certificates, if such event is material within the meaning <br />of the federal securities laws: <br />1. Pi°incipal and interest payment delinquencies; <br />2. Non-payment related defaults; <br />3. Unscheduled draws on debt service reserves reflecting financial difficulties; <br />4. Unscheduled draws on credit enhancements reflecting financial difficulties; <br />5. Substitution of credit or liquidity providers, or their failure to perform; <br />6. Adverse tax opinions or events affecting the tax-exempt status af the Certificates; <br />7. Modifications to rights of holders of the Certificates; <br />8. Bond calls; <br />9. Defeasances; <br />10. Release, substitution, 01- sale of property securing repayment of the Certificates; <br />and <br />11. Rating changes. <br />The Issuer shall notify the MSRB, in a timely manner, of any failure by the Issuer to provide <br />financial infonnatian or operating data in accordance with subsection (a) of this Sectian by the time <br />reyuired by such subsection. <br />(c) Limitations Disclaimers and Amendments. (i) The Tssuer shall be obligated to observe <br />and perform the covenants specified in this Section for so long as, but only for so long as, the Issuer <br />remains an "obligated person" with respect to the Certificates within the meaning of the Rule, except <br />20 <br />rv o~-,;4 r) <br />~ <br />
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