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HomeMy WebLinkAboutC.054.93011_1020 (2)Section 9. principal and interest payment delinquencies; Section 9. non-payment related defaults; Section 9. unscheduled draws on debt service reserves reflecting financial difficulties; Section 9. unscheduled draws on any credit enhancements reflecting financial difficulties; Section 9. substitution of any credit or liquidity providers, or their failure to perform; Section 9. adverse tax opinions or events affecting the tax-exempt status of the Bonds; Section 9. modification to the rights of the beneficial owners of the Bonds; Section 9. call of any of the Bonds for redemption; Section 9. defeasance of any of the Bonds; Section 9. release, substitution or sale of property securing repayment of the Bonds; and Section 9. rating changes; and Section 9. in a timely manner, to each NRMSIR or to the MSRB, and to the SID, if any, notice of a failure of the Issuer to provide required annual financial information described in (a) or (b) above on or before the date specified. To the extent permitted by the U.S. Securities and Exchange Commission, the Issuer may discharge the undertaking described above by transmitting electronically such financial statements, financial and statistical information and notices to wwwAisclosureusa.ore. If the Issuer fails to comply with the undertaking described above, any beneficial owner of the Bonds then outstanding may take action to protect and enforce the rights of beneficial owners with respect to such undertaking, including an action for specific performance; provided, however, that failure to comply with such undertaking shall not be an event of default and shall not result in any acceleration of payment of the Bonds. The Issuer reserves the right to modify from time to time the information to be provided to the extent necessary or appropriate in the judgment of the Issuer, provided that: Section 9. any such modification may only be made in connection with a change in circumstances that arises from a change in legal requirements, change in law, or change in the identity, nature, or status of the Issuer, Section 9. the information to be provided, as modified, would have complied with the requirements of Rule 15c2-12 issued under the Securities Exchange Act of 1934 ("Rule 15c2-12") as of the date of the Official Statement, after taking into account any amendments or interpretations of Rule 15c2-12, as well as any changes in circumstances; and Section 9. 'Cany such modification does not materially impair the interests of the beneficial owners, as determined either by parties unaffiliated with the Issuer (such as bond counsel), or by approving vote of the registered owners of not less than a majority in principal amount of the Bonds then outstanding pursuant to the terms of this bond resolution, as it may be amended from time to time. The Issuer agrees that the annual financial information containing the amended operating data or financial information will explain, in narrative form, the reasons for the amendments and the impact of the change in the type of operating data or financial information being provided. The provisions of this Section 8 shall terminate upon payment, or provision having been made for payment, in a manner consistent with Rule 15c2-12, in full of the principal of and interest on all of the Bonds. Section 8. The actions of the Director of Finance and Administrative Services of the Issuer in applying to the LGC to sell the Bonds and the LGC in asking for sealed bids for the Bonds by distributing a notice of sale and a Preliminary Official Statement relating to the Bonds are hereby approved. Such Preliminary Official Statement, to be dated January 13, 2006 and in substantially the form presented at this meeting, is hereby approved, and the Chairman of the Board of Commissioners, the County Manager and the Director of Finance and Administrative Services of the Issuer are each hereby authorized to approve the Official Statement, in substantially the form of the Preliminary Official Statement, including changes necessary to reflect the interest rates on the Bonds, the offering prices of the Bonds and any credit 19