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03-1460 Infrastructure Bonds
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03-1460 Infrastructure Bonds
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8/3/2005 2:54:14 PM
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2/15/2005 2:41:04 PM
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City Clerk
City Clerk - Doc Type
Resolutions
City Clerk - Date
12/8/2003
Doc Number
03-1460
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<br />"Pledged Funds" shall mean (I) Infrastructure Sales Surtax Revenues and (2) until applied <br />in accordance with the provisions ofthis Resolution, all moneys, including investments thereof, in <br />the accounts alld sub accounts established hereunder, except (A) amounts in the Rebate Fund and (B) <br />moneys set aside in a particulal' account of the Reserve Account if such moneys shall be pledged <br />solely for the payment of the Series of Bonds for which it was established in accordance with the <br />provisions hereof. <br /> <br />"Prepayment Penalty" shall mean all amount equal to the result of multiplying the <br />prepayment principal balance (a) of this Note as of the date the prepayment occurs, times the <br />difference between the "yield-to-maturity" of the U.S. Treasury Note or Bond (b) in effect at the time <br />of origination of this Note having a maturity equal or comparable to the original term of this Note <br />as reported in the Wall Street Journal and concurred by the Purchaser alld the "yield-to-maturity" of <br />the U. S . Treasury Note or Bond on tlle date of prepayment (c) having a maturity equal or comparable <br />to the remaining period to final maturity of the Note as repOlied in the Wall Street Journal and <br />conculTed by the Purchaser, times the result of dividing the number of days to maturity of the Note <br />(d) by 360. Mathematically the prepayment penalty equation Call be demonstrated as follows: <br /> <br />a * ((b-c) * (d/360» = Prepayment Penalty <br /> <br />No prepayment penalty shall be due or owing hereunder if, on the date of such prepayment, the yield <br />to maturity of the U.S. Treasury Note or Bond having a maturity equal or comparable to the <br />remaining period to final maturity of the Note or Bond in effect at the time of this Note having a <br />maturity equal or comparable to the original term of this Note as reported in the Wall Street Journal <br />and concurred by the Purchaser. <br /> <br />"Prerefunded Obligations" shall mean any bonds or other obligations of allY state of the <br />United States of America or of any agency, instrumentality or local governmental unit of any such <br />state (I) which are (A) not callable prior to maturity or (B) as to which irrevocable instructions have <br />been given to the fiduciary for such bonds or other obligations by the obligor to give due notice of <br />redemption and to call such bonds for redemption on tIle date or dates specified in such instructions, <br />(2) which are fully secured as to principal, redemption premium, if any, and interest by a fund held <br />by a fiduciary consisting only of cash or federal Securities, secured in the manner set forth in Section <br />9.0] hereof, which fund may be applied only to the payment of such principal of, redemption <br />premium, if any, and interest on such bonds or other obligations on the maturity date or dates thereof <br />or the specified redemption date or dates pursuant to such irrevocable instructions, as the case may <br />be, (3) as to which the principal of alld interest on the Federal Securities, which have been deposited <br />in such fund along with any cash on deposit in such fund are sufficient to pay principal of, <br />redemption premium, if any, alld interest on the bonds or other obligations on the maturity date or <br />dates thereof or on the redemption date or dates specified in the irrevocable instructions referred to <br />in clause (I) above and are not available to satisfy allY other claims, including those against the <br />fiduciary holding the same, and (4) which are rated in the highest rating category (without regard to <br />gradations, such as "p1us" or "minus" of such categories) of two of the Rating Agencies. <br /> <br />9 <br />
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