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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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Pursuant to the Agreement, the Borrower has executed and delivered to the Trustee the <br /> Borrower's promissory note dated as of even date with the Bonds initially issued (the"Note"), in <br /> the principal amount of$4,100,000. The Borrower is required by the Agreement and the Note to <br /> make payments to the Trustee in the amounts and at the times necessary to pay the principal of <br /> and interest (the "Bond Service Charges") on the Bonds. In the Indenture, the Issuer has <br /> assigned to the Trustee, to provide for the payment of the Bond Service Charges on the Bonds, <br /> the Issuer's right, title and interest in and to the Agreement, except for Unassigned Issuer's <br /> Rights as defined in the Agreement. To secure its compliance with certain covenants in the <br /> Agreement, the Borrower has executed and delivered the Regulatory Agreement and Declaration <br /> of Restrictive Covenants (the "Regulatory Agreement") among itself, the Issuer and the Trustee <br /> dated as of even date with the Indenture. <br /> Copies of the Indenture, the Agreement, the Regulatory Agreement and the Note are on <br /> file in the designated corporate trust office of the Trustee. <br /> The Bond Service Charges on the Bonds are payable solely from the Pledged Revenues, <br /> as defined and as provided in the Indenture (being, generally, the amounts payable under the <br /> Agreement and the Note in repayment of the Loan and any unexpended proceeds of the Bonds), <br /> and are an obligation of the Issuer only to the extent of the Pledged Revenues. The Bonds are <br /> not secured by an obligation or pledge of any moneys raised by taxation and do not represent or <br /> constitute a debt or pledge of the faith and credit of the Issuer. <br /> The Bonds are issuable only as fully registered bonds and, except as hereinafter provided, <br /> in printed or typewritten form, registered in the name of Cede & Co. as nominee of The <br /> Depository Trust Company, New York, New York ("DTC"), which shall be considered to be the <br /> Holder for all purposes of the Indenture, including, without limitation, payment by the Issuer of <br /> Bond Service Charges, and receipt of notices to, giving of consents by and exercise of rights of, <br /> Holders. There shall be a single Bond representing each maturity, and all Bonds shall be <br /> immobilized in the custody of DTC with the owners of beneficial interests in those Bonds (the <br /> "book entry interests") having no right to receive from the Issuer Bonds in the form of physical <br /> securities or certificates. Ownership of book entry interests in the Bonds shall be shown by book <br /> entry on the system maintained and operated by DTC, its participants (the "Participants") and <br /> certain persons acting through the Participants, and transfers of ownership of book entry interests <br /> shall be made only by that book entry system, the Issuer and the Trustee having no responsibility <br /> therefor. DTC is to maintain records of the positions of Participants in the Bonds, and the <br /> Participants and persons acting through Participants are to maintain records of the purchasers and <br /> owners of book entry interests in the Bonds. The Bonds as such shall not be transferable or <br /> exchangeable, except for transfer to another Depository (as defined in the Indenture) or to <br /> another nominee of a Depository, without further action by the Issuer and otherwise at the <br /> expense of the Borrower. <br /> If any Depository determines not to continue to act as a Depository for the Bonds for use <br /> in a book entry system, the Issuer may attempt to have established a Depository/book entry <br /> system relationship with another qualified Depository under the Indenture. If the Issuer does not <br /> or is unable to do so, the Issuer and the Trustee, after the Trustee has made provision for <br /> notification of the owners of book entry interests by the then Depository, shall permit withdrawal <br /> of the Bonds from the Depository, and authenticate and deliver Bond certificates in fully <br /> RA-3 <br />
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