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14-20 Cedar Glen Bond Ordinance Addendums
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14-20 Cedar Glen Bond Ordinance Addendums
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3/18/2020 2:57:42 PM
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3/18/2020 2:55:23 PM
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
3/23/2020
Bill Number
14-20
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Mandatory Tender Date, such Undelivered Bonds shall be null and void. If such Undelivered Bonds are <br /> to be remarketed,the Trustee shall authenticate and deliver new Bonds in replacement thereof pursuant to <br /> the remarketing of such Undelivered Bonds. <br /> Notice of Mandatory Tender <br /> Notice to Holders. Not later than the 20th day prior to a Mandatory Tender Date, the Trustee shall <br /> give written notice of a mandatory tender on the Mandatory Tender Date to the Holders of the Bonds then <br /> Outstanding (with a copy to the Borrower, the Issuer, the Investor Member (as defined below), and the <br /> Remarketing Agent) by first class mail, postage prepaid, at their respective addresses appearing on the <br /> Register stating: <br /> (i) the Mandatory Tender Date and that (A) if certain conditions are met, all <br /> Outstanding Bonds are subject to Mandatory Tender for purchase on the Mandatory Tender Date, <br /> (B) all Outstanding Bonds must be tendered for purchase no later than 9:00 a.m. Local Time, on <br /> the Mandatory Tender Date and(C) Holders will not have the right to elect to retain their Bonds; <br /> (ii) the address of the Designated Office of the Trustee at which Holders should <br /> deliver their Bonds for purchase and the date of the required delivery; <br /> (iii) that all Outstanding Bonds will be purchased on the Mandatory Tender Date at a <br /> price equal to the principal amount of the Outstanding Bonds plus interest accrued to the <br /> Mandatory Tender Date; <br /> (iv) that if, in the event that the conditions to remarketing set forth in the Indenture <br /> are not met as set forth therein, or, if proceeds from the remarketing are insufficient to pay the <br /> purchase price of the Bonds on the Mandatory Tender Date, all of the Bonds will be redeemed, <br /> without further notice, on the Mandatory Tender Date; and <br /> (v) that any Bonds not tendered will nevertheless be deemed to have been tendered <br /> and will cease to bear interest from and after the Mandatory Tender Date. <br /> Failure to Give Notice. Neither failure to give or receive any notice described in this heading,nor <br /> the lack of timeliness of such notice or any defect in any notice(or in its content) shall affect the validity <br /> or sufficiency of any action required or provided for in this heading. <br /> Mandatory Redemption <br /> On each Mandatory Tender Date, the Bonds shall be redeemed in whole at a redemption price of <br /> 100% of the principal amount of such Bonds, plus accrued interest to the Mandatory Tender Date, upon <br /> the occurrence of any of the following events: (i) the Borrower has previously elected not to cause the <br /> remarketing of the Bonds, (ii) the conditions to remarketing set forth in the Indenture have not been met <br /> by the dates and times set forth therein, or (iii) the proceeds of a remarketing on deposit in the <br /> Remarketing Proceeds Account at 11:00 a.m. Local Time on the Mandatory Tender Date are insufficient <br /> to pay the purchase price of the Outstanding Bonds on such Mandatory Tender Date. Bonds subject to <br /> redemption in accordance with this paragraph shall be redeemed from (i) amounts on deposit in the <br /> Assignment Fund, (ii)amounts on deposit in the Bond Fund, (iii) amounts on deposit in the Project Fund, <br /> and(iv)any other Available Money made available for such purpose at the direction of the Borrower. <br /> "Available Money"means, as of any date of determination, any of(i) the proceeds of the Bonds, <br /> (ii)the proceeds of draws by the Trustee on any letters of credit provided to the Trustee for the benefit of <br /> -4- <br />
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