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No. 1094 amending resolution no. 1065 which amended resolution no. 1054 regarding the issuance of tax increment revenue refunding bonds
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No. 1094 amending resolution no. 1065 which amended resolution no. 1054 regarding the issuance of tax increment revenue refunding bonds
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or The New York Times: the average bid <br />price at such time of determination for <br />such investments by any two nationally <br />recognized government securities dealers <br />(selected by the Paying Agent in its <br />absolute discretion) at the time making a <br />market in such investments or the bid <br />price published by a nationally <br />recognized pricing service; <br />(3) as to certificates of deposit and bankers <br />acceptances: the face amount thereof, <br />plus accrued interest; and <br />(4) as to any investment not specified above: <br />the value thereof established by prior <br />agreement between the Commission and <br />AMBAC Indemnity. <br />(e) Defeasance Provisions. Notwithstanding <br />anything herein to the contrary, in the event that the <br />principal and /or interest due on the Bonds shall be paid <br />by AMBAC Indemnity pursuant to the Municipal Bond <br />Insurance Policy, the Bonds shall remain outstanding for <br />all purposes (including for purposes of Section 9 <br />hereof), not be defeased or otherwise satisfied and not <br />be considered paid by the City, and the pledge of <br />security for the Bonds herein and all covenants, <br />agreements and other obligations of the Commission and <br />the City to the registered owners of Bonds shall continue <br />to exist and shall run to the benefit of AMBAC Indemnity, <br />and AMBAC Indemnity shall be subrogated to the rights of <br />such registered owners. <br />(f) Payment Procedure. As long as the Municipal <br />Bond Insurance Policy shall be in full force and effect, <br />the City, the Commission and any Paying Agent agree to <br />comply with the following provisions: <br />(1) At least one (1) da <br />interest payment dates, <br />will determine whethe <br />sufficient funds in <br />Accounts to pay the <br />interest on the Bonds <br />F prior to all <br />the Paying Agent <br />r there will be <br />the Funds and <br />principal of or <br />on such interest <br />payment date. If the Paying Agent <br />determines that there will be <br />insufficient funds in such Funds or <br />Accounts, the Paying Agent shall so <br />notify AMBAC Indemnity. Such notice shall <br />specify the amount of the anticipated <br />deficiency, the Bonds to which such <br />deficiency is applicable and whether such <br />-7- <br />
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