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1994-06-21 Minutes
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1994-06-21 Minutes
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mandatory Sinking Fund redemption or payment at Maturity in <br />• accordance with Section 511(f)(ii) hereof which dates, together <br />with any such designations in connection with prior conversions, <br />shall conform to the mandatory Sinking Fund redemption payment <br />schedule for the Bonds set forth in Section 511(f)(i) hereof, <br />(ii) a certification from such Qualified Underwriters that, in <br />their best judgment under prevailing market conditions, the Fixed <br />Rate for each Bond specified in such underwriting or purchase <br />contract equals the minimum interest rate necessary to remarket <br />such Bond on the Conversion Date at 100% of the principal amount <br />thereof and (iii) an Opinion of Bond Counsel addressed to the <br />Authority and the Trustee to the effect that such conversion (A) is <br />authorized or permitted by this Indenture, (B) will not have an <br />adverse effect on any exemption from federal income taxation to <br />which the interest on the Bonds would otherwise be entitled, and <br />(C) will not have an adverse effect on the validity or <br />enforceability of any Bond. The conversion of the interest rate <br />borne by Bonds pursuant to this Section shall not become effective <br />unless prior to 11:00 a.m., New York City time, on the applicable <br />Conversion Date the Trustee and the Tender Agent shall have <br />received an Opinion of Bond Counsel, dated the applicable <br />Conversion Date, reaffirming the conclusions of the opinion <br />accompanying the written direction of the Authority delivered as <br />above required. <br />(b) At least ten days prior to the. Conversion Date, the <br />• Trustee shall give written notice of such election by the Authority <br />to the owners of all Bonds to be converted which notice shall state <br />(i) the Conversion Date and (ii) that such Bonds shall be subject <br />to mandatory purchase on such Conversion Date. The Trustee shall <br />give written notice by first class mail to the Remarketing Agent <br />and to the Credit Facility Issuer of the foregoing information. <br />(c) The Authority, at the direction of the Trustee, <br />shall deliver replacement Bonds bearing the Fixed Rate for <br />converted Bonds surrendered or deemed surrendered by the holder <br />thereof. Any such replacement Bonds shall be executed and <br />authenticated as provided in Section 208 of this Indenture; <br />provided, however, unless the form of the Bonds is revised pursuant <br />to Section 205 hereof, that the Trustee shall affix a legend on the <br />face of each Bond authenticated on or after the Conversion Date <br />therefor in substantially the following form: <br />This Bond bears interest at the. Fixed Rate, as <br />defined in this Bond, of % per annum from <br />and after This Bond is not <br />secured by a Credit Facility. This Bond shall <br />be called for mandatory Sinking Fund <br />redemption on February 1, <br />(d) From the date notice of the proposed establishment <br />of a Fixed Rate with respect to any Bond is received by the Trustee <br />• 61 <br />
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