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67-16 Waterworks Bond Refunding
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67-16 Waterworks Bond Refunding
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4/26/2017 10:25:03 AM
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11/10/2016 9:36:52 AM
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the 2016 Bonds of such Series, that portion of the shortfall which exists as of the date of <br />issuance of the 2016 Bonds of such Series shall, at the election of the Executive and Fiscal <br />Officer with the advice of the City's financial advisor, be deposited into such 2016 Subaccount <br />either (i) in a single payment, to be paid on the date of the issuance of the 2016 Bonds of such <br />Series, or (ii) in equal monthly installments, over a period not to exceed sixty (60) months after <br />the date of issuance of the 2016 Bonds of such Series, with the first installment due and payable <br />on the date of the issuance of the 2016 Bonds of such Series, and the remaining installments <br />payable on the last day of each calendar month, commencing on the last day of the month in <br />which the 2016 Bonds of such Series are issued. <br />0) To the extent that additional Parity Bonds are issued subsequent to the <br />issuance of the 2016 Bonds of any Series, the additional amounts, if any, which are required to be <br />paid into the Debt Service Reserve Account to satisfy the Reserve Requirement as a result of the <br />issuance of such additional Parity Bonds shall, at the election of the Executive and Fiscal Officer <br />with the advice of the City's financial advisor, be deposited into the Debt Service Reserve <br />Account either (i) in a single payment, to be paid on the date of the issuance of such additional <br />Parity Bonds, or (ii) in equal monthly installments, over a period not to exceed sixty (60) months <br />after the date of issuance of such additional Parity Bonds, with the first installment due and <br />payable on the date of the issuance of such additional Parity Bonds, and the remaining <br />installments payable on the last day of each calendar month, commencing on the last day of the <br />month in which such additional Parity Bonds are issued. <br />(k) Subject to Section 14(i) and Section 140) above, any deficiency in the <br />balance maintained in the Debt Service Reserve Account (excluding any Subaccounts) or any <br />Subaccounts shall be promptly made up from the next available Net Revenues after credits into <br />the Bond and Interest Account, on a pro rata basis, calculated by reference to the amount of the <br />deficiency in the Debt Service Revenue Account (excluding any Subaccounts) and each <br />Subaccount. Any moneys in the Debt Service Reserve Account (excluding any Subaccount) in <br />excess of the Reserve Requirement for the Bonds (excluding any Bonds for which a Subaccount <br />was established), and any moneys in the 2016 Subaccount for the 2016 Bonds of any Series for <br />which a 2016 Subaccount was established in excess of the Reserve Requirement for the 2016 <br />Bonds of such Series, may be used for the prepayment of installments of principal, together with <br />interest due thereon, on the then outstanding Bonds which are then callable or prepayable, or for <br />the purchase of outstanding Bonds or installments of principal of and interest on the Bonds at a <br />price not exceeding par and accrued interest, or may be transferred to the Improvement Fund. <br />(1) As an alternative to holding cash funds in the Debt Service Reserve <br />Account or any Subaccount, the City, with the advice of the City's financial advisor and <br />nationally recognized bond counsel, may satisfy all or any part of its obligation to maintain any <br />amount in the Debt Service Reserve Account or such Subaccount by depositing a Credit Facility <br />(as defined in the next sentence) therein (which, for any 2009 Bonds for which a Subaccount was <br />established and which were sold to the Indiana Finance Authority through the SRF Program (as <br />hereafter defined), will require the written consent of the Indiana Finance Authority to the deposit <br />of any such Credit Facility), provided that such deposit does not adversely affect any then <br />existing rating on the Bonds. A "Credit Facility" is hereby defined as a letter of credit, liquidity <br />facility, insurance policy or comparable instrument furnished by a bank, insurance company, <br />financial institution or other entity pursuant to a reimbursement agreement or similar instrument <br />20 <br />
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