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05-09-2022 FINAL Notice and Agenda Packet
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05-09-2022 FINAL Notice and Agenda Packet
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City Council - City Clerk
City Counci - Date
5/9/2022
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9 <br />BSBY Screen Rate was published, so long as such first preceding Government Securities Business <br />Day is not more than three (3) Government Securities Business Days prior to such Reference Time. <br />“BSBY Website” means the “Bloomberg Short-Term Bank Yield Index” website at <br />https://www.bloomberg.com/professional/product/indices/bsby/ (or any successor website). <br />“Business Day” means any day other than a Saturday, Sunday or day on which banks in <br />New York City, New York are authorized or required by law to close. <br />“Conforming Changes” means, with respect to either the use or administration of the <br />Benchmark, or the use, administration, adoption or implementation of any Benchmark <br />Replacement, any technical, administrative or operational changes (including, for example and not <br />by way of limitation or prescription, changes to the definition of “Alternate Base Rate,” the <br />definition of “BSBY” or “BSBY Rate,” the definition of “Business Day,” the definition of “Interest <br />Period” or any similar or analogous definition, the definition of “Statutory Reserve Rate”, timing <br />and frequency of determining rates and making payments of interest, timing of borrowing requests <br />or prepayment, conversion or continuation notices, the applicability and length of lookback <br />periods, the applicability of the Section of the Bond Purchase and Covenant Agreement titled <br />“Compensation for Losses”2 and other technical, administrative or operational matters) that BSBY <br />Rate Calculation Agent decides may be appropriate in connection with the use or administration <br />of the Benchmark or to reflect the adoption and implementation of any Benchmark Replacement <br />or to permit the use and administration thereof by BSBY Rate Calculation Agent in a manner <br />substantially consistent with market practice (or, if BSBY Rate Calculation Agent decides that <br />adoption of any portion of such market practice is not administratively feasible or if BSBY Rate <br />Calculation Agent determines that no market practice for the administration of any such rate exists, <br />in such other manner of administration as BSBY Rate Calculation Agent decides is reasonably <br />necessary in connection with the administration of the Agreement, the Bonds, the Notes and the <br />other documents relating thereto). <br />“Conversion” means (i) a conversion of any Bond from one Interest Rate Mode to another <br />Interest Rate Mode, and (ii) the establishment of a new BSBY Rate Period (whether or not of the <br />same duration as the prior BSBY Rate Period). <br />“Conversion Date” means (i) the date on which the Bonds shall be converted from one <br />Interest Rate Mode to another Interest Rate Mode in accordance with the terms of this Bond, and <br />(ii) the date of commencement of any Interest Period (other than the Initial BSBY Rate Period), <br />subject to the following: for Bonds bearing interest at a Weekly Rate, or BSBY Rate, the <br />Conversion Date may be any regularly scheduled Interest Payment Date. <br />“Corresponding Tenor” with respect to any Available Tenor means, as applicable, either a <br />tenor (including overnight) or an interest payment period having approximately the same length <br />(disregarding business day adjustment) as such Available Tenor; provided that, (i) if any Available <br />Tenor does not correspond to a tenor applicable to the Unadjusted Benchmark Replacement, the <br />closest corresponding tenor of the Unadjusted Benchmark Replacement shall be applied, and (ii) <br />if applicable, if a tenor of the Unadjusted Benchmark Replacement corresponds equally to two <br />2 NTD – This document to be amended and restated, and such provision included.
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