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14-Deliberate and act on a Resolution approving a PEDC Resolution
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14-Deliberate and act on a Resolution approving a PEDC Resolution
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8/22/2012 3:59:06 PM
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CITY CLERK
Doc Name
14
Doc Type
Agenda
CITY CLERK - Date
3/22/2010
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Section 15. ADDITIONAL OBLIGATIONS. In addition to the right to issue obligations <br />of inferior lien, the Issuer reserves the right to issue Additional Obligations which, when duly <br />authorized and issued in compliance with law and the terms and conditions hereinafter appearing, <br />shall be on a parity with the Bonds herein authorized, payable from and equally and ratably secured <br />by a lien on and pledge of the Pledged Revenues. The Additional Obligations may be issued in one <br />or more installments, provided, however, that none shall be issued unless and until the following <br />conditions have been met: <br />(a) The Chairman of the Board shall have executed a certificate stating (A) that, to the <br />best of such person's knowledge and belief, the Issuer is not then in default as to any covenant or <br />requirement contained in any resolution authorizing the issuance of outstanding Parity Obligations, <br />and (B) either (1) payments into all special funds or accounts created and established for the <br />payment and security of all outstanding Parity Obligations have been made and that the amounts on <br />deposit in such special funds or accounts are the amounts then required to be on deposit therein or <br />(2) the application of the proceeds of sale of such obligations then being issued will cure any such <br />deficiency. <br />(b) The Designated Financial Officer signs and delivers to the Board a written certificate <br />reflecting that for (i) the Fiscal Year next preceding the adoption of the resolution authorizing the <br />proposed Additional Obligations or (ii) a consecutive twelve (12) month period out of the eighteen <br />(18) month period next preceding the month in which the resolution authorizing the proposed <br />Additional Obligations is adopted, the Pledged Revenues and interest earnings thereon were equal <br />at least to 1.50 times the Average Annual Debt Service requirements on all Parity Obligations to be <br />outstanding after the issuance of the proposed Additional Obligations; provided, however, that in <br />the event an increase in the rate of the Sales Tax becomes effective prior to the date of a resolution <br />authorizing the issuance of Additional Obligations, such certificate or report shall calculate the <br />Pledged Revenues for the calculation period as if such increased rate were in effect during the <br />calculation period. <br />(c) The resolution authorizing the Additional Obligations provides that the Debt Service <br />Fund be augmented by amounts adequate to accumulate the sum required to pay the principal and <br />interest on such obligations as the same shall become due. <br />SECTION 16. REFLJNDING BONDS. The Issuer reserves the right to issue refunding <br />bonds to refund all or any part of the Parity Obligations (pursuant to any law then available) upon <br />such terms and conditions as the Board may deem to be in the best interest of the Issuer, and if less <br />than all such Parity Obligations then Outstanding are refunded, the conditions precedent (for the <br />issuance of Additional Obligations) set forth in Section 14 hereof shall be satisfied, and shall give <br />effect to the refunding. <br />SECTION 17. SUBORDINATE DEBT. Except as may be limited by a resolution adopted <br />in connection with a subsequent issuance of Parity Obligations, the Issuer shall have the right to <br />issue or create any debt payable from or secured by a lien on all or any part of the Pledged Revenues <br />for any lawful purpose without complying with the provisions of Section 14 or 15 hereof, provided <br />the pledge and the lien securing such debt is subordinate to the pledge and lien established, made <br />19 <br />0 0 0 13.1 <br />
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