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60-18 Bond Financing for the Community Center Project
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60-18 Bond Financing for the Community Center Project
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Last modified
11/7/2018 2:09:11 PM
Creation date
11/20/2018 8:47:21 AM
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
11/12/2018
Bill Number
60-18
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The Trustee shall credit against the mandatory sinking fund requirement for any Term <br /> Bonds, and corresponding mandatory sinking fund redemption obligation, in the order <br /> determined by the Issuer, any such Term Bonds which have previously been redeemed <br /> (otherwise than as a result of a previous mandatory sinking fund redemption requirement) or <br /> delivered to the Trustee, the Registrar or the Paying Agent for cancellation or purchased for <br /> cancellation by the Trustee and not theretofore applied as a credit against any redemption <br /> obligation. Each Term Bond so delivered or canceled shall be credited by the Trustee at 100%of <br /> the principal amount thereof against the mandatory sinking fund obligation on such mandatory <br /> sinking fund redemption date, and any excess of such amount shall be credited on future <br /> redemption obligations, and the principal amount of Term Bonds to be redeemed by operation of <br /> the mandatory sinking fund requirement shall be accordingly reduced; provided, however, the <br /> Trustee, the Registrar or the Paying Agent shall only credit such Term Bonds to the extent <br /> received on or before forty-five (45) days preceding the applicable mandatory sinking fund <br /> redemption date stated above. <br /> Section 5.2 Notice to Trustee of Intent to Redeem. To evidence its intention to <br /> exercise the right of redemption of any Bonds, the Issuer shall, not less than forty-five (45) days <br /> prior to the date selected for redemption, file with the Trustee written notice of its intention to <br /> redeem, designating the date fixed for redemption, and if less than all of the outstanding Bonds <br /> are to be redeemed stating the aggregate principal amount of Bonds which the Issuer desires to <br /> redeem. No failure or defect in such notice by the Issuer to the Trustee shall affect the validity of <br /> the redemption of any Bonds. <br /> Section 5.3 Notice to Bondholders of Redemption. In the case of redemption of <br /> Bonds pursuant to Section 5.1 hereof, unless waived by the registered owners of the Bonds to be <br /> redeemed, notice of the call for any such redemption identifying the Bonds, or portions of fully <br /> registered Bonds, to be redeemed shall be given by mailing a copy of the redemption notice by <br /> first-class mail not less than thirty (30) days nor more than forty-five (45) days prior to the date <br /> fixed for redemption to the registered owner of each Bond to be redeemed at the address shown <br /> on the registration books. Any notice of redemption required under this section shall identify the <br /> Bonds to be redeemed including the complete name of the Bonds, the interest rate, the issue date, <br /> the maturity date, the respective certificate numbers (and, in the case of a partial redemption, the <br /> respective principal amounts to be called) and shall state(i) the date fixed for redemption, (ii) the <br /> redemption price, (iii) that the Bonds called for optional redemption in full must be surrendered <br /> to collect the redemption price, (iv) the address of the corporate trust office of the Trustee at <br /> which the Bonds must be surrendered together with the name and telephone number of a person <br /> to contact from the office of the Trustee, (v) any condition precedent to such redemption, (vi) <br /> that on the date fixed for redemption, and upon the satisfaction of any condition precedent <br /> described in the notice, the redemption price will be due and payable upon each such Bond or <br /> portion thereof and that interest on the Bonds called for redemption ceases to accrue on the date <br /> fixed for redemption, and (vii) that if such condition precedent is not satisfied, such notice of <br /> redemption is rescinded and of no force and effect, and the principal and premium, if any, shall <br /> continue to bear interest on and after the date fixed for redemption at the interest rate borne by <br /> the Bond; provided, however, that failure to give such notice by mailing, or any defect therein, <br /> with respect to any such registered Bond shall not affect the validity of any proceedings for the <br /> redemption of other Bonds. <br /> 25 <br />
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