1998-10-19 Resolution 130 - Laserfiche WebLink

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(2) "Final Official Statement" means the Official Statement, dated as of 1998, relating to the Bonds, including any document included by specific reference to such document previously provided to each NRMSIR and to the Indiana state information depository then in existence, if any ("SID"), or filed with the Municipal Securities Rulemaking Board ("MSRB"). (3) "NRMSIR" means a nationally recognized municipal securities information repository which is designated as such at any point in time by the SEC. The current NRMSIR's are listed on Exhibit A attached hereto. (4) "Obligated Person" means any person, including an issuer of municipal securities, who is either generally or through an enterprise, fund, or account of such person committed by contract or other arrangement to support payment of all or part of the obligations on the Bonds (other than providers of municipal bond insurance, letters of credit, or other credit or liquidity facilities). All Obligated Persons with respect to the Bonds currently are identified herein. Section 2. Obligated Persons. The Obligor hereby warrants and represents as of the date hereof that the Obligor is the only Obligated Person with respect to the Bonds. If the Obligor is no longer committed by contract or other arrangement to support payment of the obligations on . the Bonds, the Obligor shall no longer be considered an Obligated Person within the meaning of the SEC Rule and the continuing obligation under this Agreement to provide annual financial information and notices of events shall terminate with respect to the Obligor. If the Obligor is no longer considered an Obligated Person within the meaning of the SEC Rule, the Obligor shall file, or cause to be filed with each NRMSIR, the SID and the MSRB a written notice that it is no longer an Obligated Person. In the. event that any entity subsequently becomes an Obligated Person with respect to the Bonds, the Obligor agrees to use its best efforts (so long as it continues to be an Obligated Person with respect to the Bonds) to cause such other entity to enter into a written undertaking to comply with the disclosure requirements of the Obligated Person set forth herein. Section 3. Term. The term of this Agreement is from the date hereof to the earlier of (i) the date of the last payment of principal of and interest on the Bonds, or (ii) the date the Bonds are defeased under the Trust Agreement, or (iii) the date of rescission as described in Section 12. Section 4. Provision of Financial Information. (a) The Obligor hereby undertakes to provide the following financial information: (1) To each NRMSIR and to the SID, when and if available, the audited financial statements of the City of South Bend, Indiana (the "City") as prepared and examined by the State Board of Accounts for such twelve (12) month or ::ODMA\PCDOCS\SBDOCS 1\24503U "2"