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for reasons other than: (i) a refunding to obtain savings; or (ii) the issuance of additional <br />bonds pursuant to an additional bonds test. The City shall send a copy of each of such <br />amendments or supplemental ordinances which are consented to by the MBIA to Standard <br />& Poor's ( "S &P "). <br />C. Events of Default and Remedies. Each of the following shall be deemed to constitute an <br />event of default under the Bond Ordinance: (i) the City fails to pay principal when due; (ii) <br />the City fails to pay interest when due; (iii) the City fails to observe any other covenant or <br />condition of the Bond Ordinance and such failure continues for 30 days; or (iv) the City <br />declares bankruptcy. MBIA, acting alone, shall have the right to direct all remedies in the <br />event of a default. MBIA shall be recognized as the registered owner of each bond which it <br />insures for the purposes of exercising all rights and privileges available to bondholders. For <br />bonds which it insures, MBIA shall have the right to institute any suit, action, or proceeding <br />at law or in equity under the same terms as a bondholder in accordance with applicable <br />provisions of the governing documents. Any acceleration ofprincipal payments with respect <br />to the 2001 Bonds shall be subject to the MBIA's prior written consent. <br />D. Defeasance. In addition to the limitations set forth in Section 15 of the Bond Ordinance, <br />defeasance requires the deposit of: (i) cash; (ii) U.S. Treasury certificates, notes and bonds <br />(including State and Local Government Series -- "SLGs "); (iii) direct obligations of the <br />Treasury which have been stripped by the Treasury itself, CATS, TIGRS and similar <br />securities; (iv) the interest component of Resolution Funding Corp. (REFCORP) strips which <br />have been stripped by request to the Federal Reserve Bank of New York in book entry form; <br />(v) pre - refunded municipal bonds rated "Aaa" by Moody's and "AAA" by S &P; provided, <br />however, that if the issue is only rated by S &P (i.e., there is no Moody's rating), then the pre - <br />refunded bonds must have been pre - refunded with cash, direct U.S. or U.S. guaranteed <br />obligations, or AAA rated pre - refunded municipals; (vi) Obligations issued by the following <br />agencies which are backed by the full faith and credit of the United States: (a) U.S. Export- <br />Import Bank (Eximbank) - direct obligations or fully guaranteed certificates of beneficial <br />ownership, (b) Farmers Home Administration (FmHA) - certificates ofbeneficial ownership, <br />(c) Federal Financing Bank, (d) General Services Administration - participation certificates, <br />(e) U.S. Maritime Administration - Guaranteed Title XI financing, (f) U.S. Department of <br />Housing and Urban Development (HUD) - project notes, local authority bonds, new <br />communities debentures (U.S. government guaranteed debentures), and U.S. Public Housing <br />notes and bonds (U.S. government guaranteed public housing notes and bonds). <br />E. Agents. In all transactions under the Bond Ordinance where there is an agent/enhancer (other <br />than the MBIA), the trustee, tender agent (if any), and paying agent (if any) must be <br />commercial banks with trust powers. In addition, the remarketing agent must have trust <br />powers if it is responsible for holding moneys or receiving bonds. <br />SECTION 2. This Resolution shall be in full force and effect from and after its passage. <br />-2- <br />