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02 GO Refunding Bond Ordinance
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02 GO Refunding Bond Ordinance
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Last modified
11/8/2005 11:21:43 AM
Creation date
8/4/2003 2:59:23 PM
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Template:
AGENDA
Item Number
2
AGENDA - Type
ORDINANCE
Description
Tx Gen Obligation Refunding Bonds
AGENDA - Date
8/7/2003
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final Official Statement authorized by Section 17 of this Ordinance, being the information described in Exhibit <br />A Any financial statements so to be provided shall be prepared in accordance xvith the accounting principles <br />described in Exhibit A thereto, or such other accounting principles as the Issuer may be required to employ <br />from time to time pursuant to state lmv or regulation, and audited, if the Issuer commissions an audit of such <br />statements and the audit is completed xvithin the period during xvhich they must be provided. If the audit of <br />such financial statements is not complete xvithin such period, then the Issuer shall provide audited financial <br />statements for the applicable fiscal year to each NRMSIR and any SID, xvhen and if the audit report on such <br />statements become available. <br /> <br /> (ii) If the Issuer changes its fiscal year, it xvill notify each NRMSIR and any SID of the change (and <br />of the date of the nexv fiscal year end) prior to the next date by xvhich the Issuer otherxvise xvould be required <br />to provide financial information and operating data pursuant to this Section. The financial information and <br />operating data to be provided pursuant to this Section may be set forth in full in one or more documents or <br />may be included by specific reference to any document (including an official statement or other offering <br />document, if it is available from the MSRB) that theretofore has been provided to each NRMSIR and any <br />SID or filed xvith the SEC. <br /> <br /> (b) Material Event Notices. The Issuer shall notify any SID and either each NRMSIR or the <br />MSRB, in a timely manner, of any of the folloxving events xvith respect to the Bonds, if such event is material <br />xvithin the meaning of the federal securities lmvs: <br /> <br />2. <br />3. <br />4. <br />5. <br />6. <br />7. <br />8. <br />9. <br />10. <br />11. <br /> <br />Principal and interest payment delinquencies; <br />Non-payment related defaults; <br />Unscheduled drmvs on debt service reserves reflecting financial difficulties; <br />Unscheduled drmvs on credit enhancements reflecting financial difficulties; <br />Substitution of credit or liquidity providers, or their failure to perform; <br />Adverse tax opinions or events affecting the tax-exempt status of the Bonds; <br />Modifications to rights of holders of the Bonds; <br />Bond calls; <br />Defeasances; <br />Release, substitution, or sale of property securing repayment of the Bonds; and <br />Rating changes. <br /> <br />The Issuer shall notify any SID and either each NRMSIR or the MSRB, in a timely manner, of any failure <br />by the Issuer to provide financial information or operating data in accordance xvith subsection (a) of this <br />Section by the time required by such subsection. <br /> <br /> (c) Limitations. Disclaimers. and Amendments. (i) The Issuer shall be obligated to observe and <br />perform the covenants specified in this Section for so long as, but only for so long as, the Issuer remains an <br />"obligated person" xvith respect to the Bonds xvithin the meaning of the Rule, except that the Issuer in any <br />event xvill give notice of any deposit made in accordance xvith this Ordinance or applicable lmv that causes <br />Bonds no longer to be outstanding. <br /> <br /> (ii) The provisions of this Section are for the sole benefit of the holders and beneficial oxvners of the <br />Bonds, and nothing in this Section, express or implied, shall give any benefit or any legal or equitable right, <br />remedy, or claim hereunder to any other person. The Issuer undertakes to provide only the financial <br /> <br />23 <br /> <br /> <br />
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