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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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19 <br />“Loan” means the loan by the Issuer to the Borrower of the proceeds received from the sale <br />of the Bonds. <br />“Loan Payments” means the amounts required to be paid by the Borrower in repayment of <br />the Loan pursuant to the provisions of the Notes and Article IV of the Agreement. <br />“Mandatory Bond Purchase Date” means a Mandatory Bond Purchase Date as defined and <br />provided for in Section 2.07 hereof. <br />“Maximum Lawful Rate” means, with respect to the Bonds which in the BSBY Rate Mode, <br />the maximum rate of interest on the relevant obligation permitted by applicable law without regard <br />to any filing made by a lender with respect to notice of rates in excess of any statutory or regulatory <br />threshold interest rate. <br />“Maximum Rate” means, with respect to the Bonds while in any Interest Rate Mode other <br />than the BSBY Rate Mode, (a) prior to the Fixed Interest Rate Commencement Date, the lesser of <br />(i) the maximum interest rate at which the Letter of Credit and the Confirming Letter of Credit, if <br />any, then in effect provides coverage, or (ii) 9% per annum, and (b) upon and after the Fixed <br />Interest Rate Commencement Date, the Fixed Interest Rate. <br />“Moody’s” means Moody’s Investors Service, a Delaware corporation, and its successors <br />and assigns. <br />“Nominal BSBY Rate Period” means, with respect to a BSBY Rate Period, a period of two <br />or more consecutive Semiannual Periods (expressed in years and half years). <br />“Notes” means the Project Note and any Additional Notes. <br />“Ordinary Services” and “Ordinary Expenses” means those services normally rendered, <br />and those expenses (including reasonable counsel fees and expenses) normally incurred, by a <br />trustee under instruments similar to this Indenture. Any claim by the Trustee arising from such <br />services or expenses shall be subordinate to the claims of the Bondholders and shall not constitute <br />a lien against the Revenues. <br />“Original Agreement” means that certain Loan Agreement dated as of even date with the <br />Original Indenture, between the Issuer and the Original Borrower. <br />“Original Indenture” means that certain Trust Indenture, dated January 1, 2007 between <br />the Issuer and the Trustee. <br />“Outstanding Bonds” or “Bonds outstanding” means, as of the applicable date, all Bonds <br />which have been authenticated and delivered, or which are being delivered by the Trustee under <br />this Indenture, except: <br />(a) Bonds canceled upon surrender, exchange or transfer, or canceled <br />because of payment or redemption on or prior to that date;
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