Common use of Principal Amount Clause in Contracts

Principal Amount. DOLLARS The City of Redwood City, California (the “City”), for and on behalf of the City of Redwood City Community Facilities District No. 2010-1 (One Marina) (the “District”), for value received, hereby promises to pay solely from the Special Tax (as hereinafter defined) to be collected in the District or amounts in the funds and accounts held under the Agreement (as hereinafter defined), to the registered owner named above, or registered assigns, on the maturity date set forth above, unless redeemed prior thereto as hereinafter provided, the principal amount set forth above, and to pay interest on such principal amount from the Bond Date shown above, or from the most recent Interest Payment Date (defined below) to which interest has been paid or duly provided for, semiannually on March 1 and September 1, commencing March 1, 2017 (each, an “Interest Payment Date”), at the interest rate set forth above, until the principal amount hereof is paid or made available for payment. The principal of this Bond is payable to the registered owner hereof in lawful money of the United States of America upon presentation and surrender of this Bond at the Principal Office (as defined in the Agreement referred to below) of U.S. Bank National Association (the “Fiscal Agent”). Interest on this Bond shall be paid by check of the Fiscal Agent mailed on each Interest Payment Date to the registered owner hereof as of the close of business on the 15th day of the month preceding the month in which the Interest Payment Date occurs (the “Record Date”) at such registered owner’s address as it appears on the registration books maintained by the Fiscal Agent, or (i) if the Bonds are in book-entry-only form, or (ii) otherwise upon written request filed with the Fiscal Agent prior to any Record Date by a registered owner of at least $1,000,000 in aggregate principal amount of Bonds, by wire transfer in immediately available funds to the depository for the Bonds or to an account in the United States designated by such registered owner in such written request, respectively. Interest on this Bond shall be payable from the Interest Payment Date next preceding the date of authentication hereof, unless (i) it is authenticated on an Interest Payment Date, in which event it shall bear interest for such Interest Payment Date, or (ii) such date of authentication is after a Record Date but on or prior to an Interest Payment Date, in which event interest will be payable from such Interest Payment Date, or (iii) such date of authentication is prior to the first Record Date, in which event interest will be payable from the Bond Date shown above; provided however, that if at the time of authentication of this Bond, interest is in default hereon, this Bond shall bear interest from the Interest Payment Date to which interest has previously been paid or made available for payment hereon. This Bond is one of a duly authorized issue of bonds in the aggregate principal amount of $__________ approved by a resolution of the City Council adopted on May 23, 2016 (the “Resolution”), pursuant to provisions of the California Government Code (the “Act”) for the purpose of refunding the City of Redwood City Community Facilities District No. 2010-1 (One Marina) Special Tax Bonds, Series 2011, and is one of the series of Bonds designated “City of Redwood City Community Facilities District No. 2010-1 (One Marina) 2016 Special Tax Refunding Bonds” (the “Bonds”). The creation of the Bonds and the terms and conditions thereof are provided for in the Fiscal Agent Agreement, dated as of June 1, 2016, between the City, for and on behalf of the District, and the Fiscal Agent (the “Agreement”) and this reference incorporates the Resolution and the Agreement herein, and by acceptance hereof the owner of this Bond assents to said terms and conditions. Pursuant to and as more particularly provided in the Agreement, additional bonds may be issued by the City from time to time secured by a lien on funds held under the Agreement on a parity with the lien securing the Bonds. The Agreement is authorized under and this Bond is issued under, and both are to be construed in accordance with, the laws of the State of California. The Bonds are not general obligations of the City, but are limited obligations of the City for the District, payable solely from the revenues and funds pledged therefor under the Agreement. Neither the faith and credit nor the taxing power of the City, the District (except to the extent of the Special Tax levy in the District, as set forth in the Agreement) or the State of California or any political subdivision thereof is pledged to the payment of the Bonds. Pursuant to the Act, and the Agreement, the principal of and interest on this Bond are payable solely from the annual Special Tax authorized under the Xxxxx-Xxxx Community Facilities Act of 1982 to be collected within the District and certain funds held under the Agreement. Any tax for the payment hereof shall be limited to the Special Tax, except to the extent that provision for payment has been made by the City, as may be permitted by law. The Bonds do not constitute obligations of the City for which said County is obligated to levy or pledge, or has levied or pledged, general or special taxation other than described hereinabove. The City has covenanted for the benefit of the owners of the Bonds that it will commence and pursue to completion appropriate foreclosure actions in the event of delinquencies of any Special Tax installments levied for payment of principal and interest as more particularly set forth in the Agreement. The Bonds are subject to optional redemption prior to their stated maturity on any Interest Payment Date occurring on or after September 1, 2017, as a whole, or in part among maturities as provided in the Agreement, at a redemption price (expressed as a percentage of the principal amount of the Bonds to be redeemed), as set forth below, together with accrued interest thereon to the date fixed for redemption: Redemption Dates Redemption Prices any Interest Payment Date from September 1, 2017 to and including March 1, 2024 103% September 1, 2024 and March 1, 2025 102 September 1, 2025 and March 1, 2026 101 September 1, 2026 and any Interest Payment Date thereafter 100 The Bonds maturing on September 1, , are subject to mandatory sinking payment redemption in part on September 1, and on each September 1 thereafter to maturity, by lot, at a redemption price equal to the principal amount thereof to be redeemed, together with accrued interest to the date fixed for redemption, without premium, from sinking payments as follows: Redemption Date

Appears in 1 contract

Samples: Fiscal Agent Agreement

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Principal Amount. DOLLARS The City of Redwood City, California (Interest Rate Per Annum $ % Interest on the “City”), for and Bonds shall be payable on behalf each Interest Payment Date to the person whose name appears on the Registration Books as the Owner thereof as of the City close of Redwood City Community Facilities District No. 2010-1 (One Marina) (business on the “District”)Record Date immediately preceding each such Interest Payment Date, for value received, hereby promises to pay solely from the Special Tax (as hereinafter defined) such interest to be collected in paid by check or draft of the District or amounts in Trustee mailed on the funds and accounts held under the Agreement (as hereinafter defined), Interest Payment Date to the registered owner named aboveOwner at the address of such Owner as its appears on the Registration Books. Interest on the Bonds shall be paid by check of the Trustee mailed by first class mail, or registered assignspostage prepaid, on each Interest Payment Date to the maturity date set forth above, unless redeemed prior thereto Owners of the Bonds at their respective addresses shown on the Registration Books as hereinafter of the close of business on the preceding Record Date; provided, however, that at the written request of the Owner of Bonds in an aggregate principal amount set forth aboveof at least $1,000,000, and to pay which written request is on file with the Trustee as of any Record Date, interest on such principal amount from the Bond Date shown above, or from the most recent Bonds shall be paid on each succeeding Interest Payment Date by wire transfer in immediately available funds to such account within the United States of America as shall be specified in such written request. Principal of and premium (defined belowif any) to which interest has been on any Bond shall be paid or duly provided for, semiannually on March 1 upon presentation and September 1, commencing March 1, 2017 (each, an “Interest Payment Date”), surrender thereof at the interest rate set forth above, until Trust Office of the Trustee. Both the principal amount hereof is paid or made available for payment. The principal of this Bond is and interest and premium (if any) on the Bonds shall be payable to the registered owner hereof in lawful money of the United States of America upon presentation and surrender of this Bond at the Principal Office (as defined in the Agreement referred to below) of U.S. Bank National Association (the “Fiscal Agent”)America. Interest on this Each Bond shall be paid by check of the Fiscal Agent mailed on each Interest Payment Date to the registered owner hereof dated as of the close date of business on the 15th day of the month preceding the month in which the Interest Payment Date occurs (the “Record Date”) at such registered owner’s address as it appears on the registration books maintained by the Fiscal Agent, or (i) if the Bonds are in book-entry-only form, or (ii) otherwise upon written request filed with the Fiscal Agent prior to any Record Date by a registered owner of at least $1,000,000 in aggregate principal amount of Bonds, by wire transfer in immediately available funds to the depository for the Bonds or to an account in the United States designated by such registered owner in such written request, respectively. Interest on this Bond its authentication and shall be payable bear interest from the Interest Payment Date next preceding the date of authentication hereofthereof, unless (ia) it is authenticated after a Record Date and on an or before the following Interest Payment Date, in which event it shall bear interest for such Interest Payment Date, or (ii) such date of authentication is after a Record Date but on or prior to an Interest Payment Date, in which event interest will be payable from such Interest Payment Date, ; or (iiib) such date of authentication it is authenticated on or prior to the first Record DateDate for such series of Bonds, in which event it shall bear interest will be payable from the Bond Closing Date shown abovefor such series of Bonds; provided provided, however, that if at if, as of the time date of authentication of this any Bond, interest thereon is in default hereondefault, this such Bond shall bear interest from the Interest Payment Date to which interest has previously been paid or made available for payment hereon. This Bond is one of a duly authorized issue of bonds in the aggregate principal amount of $__________ approved by a resolution of the City Council adopted on May 23, 2016 (the “Resolution”), pursuant to provisions of the California Government Code (the “Act”) for the purpose of refunding the City of Redwood City Community Facilities District No. 2010-1 (One Marina) Special Tax Bonds, Series 2011, and is one of the series of Bonds designated “City of Redwood City Community Facilities District No. 2010-1 (One Marina) 2016 Special Tax Refunding Bonds” (the “Bonds”). The creation of the Bonds and the terms and conditions thereof are provided for in the Fiscal Agent Agreement, dated as of June 1, 2016, between the City, for and on behalf of the District, and the Fiscal Agent (the “Agreement”) and this reference incorporates the Resolution and the Agreement herein, and by acceptance hereof the owner of this Bond assents to said terms and conditions. Pursuant to and as more particularly provided in the Agreement, additional bonds may be issued by the City from time to time secured by a lien on funds held under the Agreement on a parity with the lien securing the Bonds. The Agreement is authorized under and this Bond is issued under, and both are to be construed in accordance with, the laws of the State of California. The Bonds are not general obligations of the City, but are limited obligations of the City for the District, payable solely from the revenues and funds pledged therefor under the Agreement. Neither the faith and credit nor the taxing power of the City, the District (except to the extent of the Special Tax levy in the District, as set forth in the Agreement) or the State of California or any political subdivision thereof is pledged to the payment of the Bonds. Pursuant to the Act, and the Agreement, the principal of and interest on this Bond are payable solely from the annual Special Tax authorized under the Xxxxx-Xxxx Community Facilities Act of 1982 to be collected within the District and certain funds held under the Agreement. Any tax for the payment hereof shall be limited to the Special Tax, except to the extent that provision for payment has been made by the City, as may be permitted by law. The Bonds do not constitute obligations of the City for which said County is obligated to levy or pledge, or has levied or pledged, general or special taxation other than described hereinabove. The City has covenanted for the benefit of the owners of the Bonds that it will commence and pursue to completion appropriate foreclosure actions in the event of delinquencies of any Special Tax installments levied for payment of principal and interest as more particularly set forth in the Agreement. The Bonds are subject to optional redemption prior to their stated maturity on any Interest Payment Date occurring on or after September 1, 2017, as a whole, or in part among maturities as provided in the Agreement, at a redemption price (expressed as a percentage of the principal amount of the Bonds to be redeemed), as set forth below, together with accrued interest thereon to the date fixed for redemption: Redemption Dates Redemption Prices any Interest Payment Date from September 1, 2017 to and including March 1, 2024 103% September 1, 2024 and March 1, 2025 102 September 1, 2025 and March 1, 2026 101 September 1, 2026 and any Interest Payment Date thereafter 100 The Bonds maturing on September 1, , are subject to mandatory sinking payment redemption in part on September 1, and on each September 1 thereafter to maturity, by lot, at a redemption price equal to the principal amount thereof to be redeemed, together with accrued interest to the date fixed for redemption, without premium, from sinking payments as follows: Redemption Datethereon.

Appears in 1 contract

Samples: docs.sandiego.gov

Principal Amount. DOLLARS The City of Redwood City, California Roseville (the “City”), ) for and on behalf of the City of Redwood City Roseville Xxxxxxxxx Community Facilities District No. 2010-1 (One MarinaPublic Facilities) (the “District”), for value received, hereby promises to pay solely from the Special Tax (as hereinafter defined) to be collected in the District or amounts in the certain funds and accounts held under the Agreement (as hereinafter defined), to the registered owner Registered Owner named above, or registered assignsassigns (the “Owner”), on the maturity date Maturity Date set forth above, unless redeemed prior thereto as hereinafter provided, the principal amount Principal Amount set forth above, and to pay interest on such principal amount from the Bond Date shown above, or from the most recent Interest Payment Date (defined belowas hereinafter defined) to which interest has been paid or duly provided for, semiannually on March 1 and September 1, commencing March September 1, 2017 2018 (each, an the “Interest Payment DateDates”), at the interest rate Interest Rate set forth above, until the principal amount hereof is paid or made available for payment. The principal of this 2018 Bond is payable to the registered owner Owner hereof in lawful money of the United States of America upon presentation and surrender of this 2018 Bond at the Principal Office (as defined in the Agreement referred to below) a designated corporate trust office of U.S. The Bank National Association of New York Mellon Trust Company, N.A. (the “Fiscal Agent”). Interest on this 2018 Bond shall be paid by check of the Fiscal Agent mailed by first class mail on each Interest Payment Date to the registered owner Owner hereof as of the close of business on the 15th day of the month preceding the month in which the Interest Payment Date occurs (the “Record Date”) at such registered owner’s Owner's address as it appears on the registration books maintained by the Fiscal Agent, or (i) if the Bonds are in book-entry-only form, or (ii) otherwise by wire transfer made on such Interest Payment Date upon written request filed with instructions delivered to the Fiscal Agent prior to any by the applicable Record Date by a registered owner of at least any Owner of $1,000,000 or more in aggregate principal amount of 2018 Bonds. This 2018 Bond is one of a duly authorized issue of bonds approved by resolution of the City Council of the City on May 23, 2018 (the “Resolution”), pursuant to the Xxxxx-Xxxx Community Facilities Act of 1982, as amended, Sections 53311, et seq., of the California Government Code (the “Xxxxx-Xxxx Act”) for the purpose of providing moneys for the construction and acquisition of improvements within the District, and is one of the bonds designated “City of Roseville Xxxxxxxxx Community Facilities District No. 1 (Public Facilities) Special Tax Bonds Series 2018” (the “2018 Bonds”). The issuance of the 2018 Bonds and the terms and conditions thereof are provided for by a Fiscal Agent Agreement, dated as of December 1, 2014, as amended and supplemented by a Supplemental Agreement No. 1 to Fiscal Agent Agreement dated as of July 1, 2018 (together, the “Agreement”), by wire transfer and between the City and the Fiscal Agent and this reference incorporates the Agreement herein, and by acceptance hereof the Owner of this 2018 Bond assents to said terms and conditions. The Agreement is authorized under, this 2018 Bond is issued under and both are to be construed in immediately available funds accordance with, the laws of the State of California. Pursuant to the depository for Xxxxx-Xxxx Act, the Bonds or Agreement and the Resolution, the principal of and interest on this 2018 Bond are payable, on a parity with previously issued bonds of the District, solely from the annual special tax authorized under the Xxxxx-Xxxx Act to an account in be collected within the United States designated by such registered owner in such written request, respectivelyDistrict (the “Special Tax”) and certain funds held under the Agreement. Interest on this 2018 Bond shall be payable from the Interest Payment Date next preceding the date of authentication hereof, unless (i) it is authenticated on an Interest Payment Date, in which event it shall bear interest for from such Interest Payment Date, or (ii) such date of authentication is after a Record Date but on or prior to an Interest Payment Date, in which event interest will be payable from such Interest Payment Date, or (iii) such date of authentication is prior to the first Record Date, in which event interest will be payable from the 2018 Bond Date shown above; provided however, that if at the time of authentication of this 2018 Bond, interest is in default hereon, this 2018 Bond shall bear interest from the Interest Payment Date to which interest has previously been paid or made available for payment hereon. This Bond is one of a duly authorized issue of bonds in the aggregate principal amount of $__________ approved by a resolution of the City Council adopted on May 23, 2016 (the “Resolution”), pursuant to provisions of the California Government Code (the “Act”) for the purpose of refunding the City of Redwood City Community Facilities District No. 2010-1 (One Marina) Special Tax Bonds, Series 2011, and is one of the series of Bonds designated “City of Redwood City Community Facilities District No. 2010-1 (One Marina) 2016 Special Tax Refunding Bonds” (the “Bonds”). The creation of the Bonds and the terms and conditions thereof are provided for in the Fiscal Agent Agreement, dated as of June 1, 2016, between the City, for and on behalf of the District, and the Fiscal Agent (the “Agreement”) and this reference incorporates the Resolution and the Agreement herein, and by acceptance hereof the owner of this Bond assents to said terms and conditions. Pursuant to and as more particularly provided in the Agreement, additional bonds may be issued by the City from time to time secured by a lien on funds held under the Agreement on a parity with the lien securing the Bonds. The Agreement is authorized under and this Bond is issued under, and both are to be construed in accordance with, the laws of the State of California. The Bonds are not general obligations of the City, but are limited obligations of the City for the District, payable solely from the revenues and funds pledged therefor under the Agreement. Neither the faith and credit nor the taxing power of the City, the District (except to the extent of the Special Tax levy in the District, as set forth in the Agreement) or the State of California or any political subdivision thereof is pledged to the payment of the Bonds. Pursuant to the Act, and the Agreement, the principal of and interest on this Bond are payable solely from the annual Special Tax authorized under the Xxxxx-Xxxx Community Facilities Act of 1982 to be collected within the District and certain funds held under the Agreement. Any tax for the payment hereof shall be limited to the Special Tax, except to the extent that provision for payment has been made by the City, City as may be permitted by law. The 2018 Bonds do not constitute obligations of the City for which said County the City is obligated to levy or pledge, or has levied or pledged, general or special taxation other than described hereinaboveherein above. The City has covenanted for 2018 Bonds may be redeemed prior to maturity at the benefit option of the owners City from any source of available funds, as a whole or in part, on any date on and after September 1, 2025 at the following respective redemption prices (expressed as percentages of the principal amount of the 2018 Bonds that it will commence to be redeemed), plus accrued interest thereon to the date of redemption: Redemption Dates Redemption Price September 1, 2025 through August 31, 2026 103% September 1, 2026 through August 31, 2027 102 September 1, 2027 through August 31, 2028 101 September 1, 2028 and pursue to completion appropriate foreclosure actions in the event of delinquencies of any Special Tax installments levied for payment of principal and interest as more particularly set forth in the Agreement. date thereafter 100 The 2018 Bonds are subject to optional mandatory redemption prior to their stated maturity on any Interest Payment Date occurring on or after September 1from prepayments of the Special Tax by property owners, 2017, as a whole, in whole or in part among maturities as provided in are specified by the AgreementCity and by lot within a maturity, on any Interest Payment Date at a the following respective redemption price prices (expressed as a percentage percentages of the principal amount of the 2018 Bonds to be redeemed), as set forth below, together with plus accrued interest thereon to the date fixed for of redemption: Redemption Dates Redemption Prices any Interest Payment Date from Price September 1, 2017 to 2018 through and including March 1, 2024 2026 103% September 1, 2024 2026 and March 1, 2025 2027 102 September 1, 2025 2027 and March 1, 2026 2028 101 September 1, 2026 2028 and any Interest Payment Date thereafter 100 The Term 2018 Bonds maturing on September 1, 2043 and September 1, 2048 are subject to mandatory sinking payment redemption in part on September 1, 2039 and September 1, 2044, respectively, and on each September 1 thereafter to maturity, by lot, at a redemption price equal to 100% of the principal amount thereof to be redeemed, together without premium, in the aggregate respective principal amounts as set forth in the following tables: Term 2018 Bonds Maturing September 1, 2043 Mandatory Redemption Date (Sept. 1) Sinking Fund Payment 2039 $495,000 2040 540,000 2041 585,000 2042 635,000 2043 (maturity) 685,000 Term 2018 Bonds Maturing September 1, 2048 Mandatory Redemption Date (Sept. 1) Sinking Fund Payment 2044 $735,000 2045 770,000 2046 810,000 2047 850,000 2048 (maturity) 895,000 The amounts in the foregoing table shall be reduced pro rata, in order to maintain substantially uniform debt service, as a result of any prior partial optional redemption or mandatory redemption of the 2018 Bonds as directed by the City in an Officer’s Certificate. Notice of redemption with accrued respect to the 2018 Bonds to be redeemed shall be given to the Owners thereof, in the manner, to the extent and subject to the provisions of the Agreement. This 2018 Bond shall be registered in the name of the Owner hereof, as to both principal and interest. Each registration and transfer of registration of this 2018 Bond shall be entered by the Fiscal Agent in books kept by it for this purpose and authenticated by its manual signature upon the certificate of authentication endorsed hereon. No transfer or exchange hereof shall be valid for any purpose unless made by the registered owner, by execution of the form of assignment endorsed hereon, and authenticated as herein provided, and the principal hereof, interest hereon and any redemption premium shall be payable only to the registered owner or to such Owner's order. The Fiscal Agent shall require the Owner requesting transfer or exchange to pay any tax or other governmental charge required to be paid with respect to such transfer or exchange. No transfer or exchange hereof shall be required to be made (i) within 15 days prior to the date fixed established by the Fiscal Agent for selection of 2018 Bonds for redemption or (ii) with respect to a 2018 Bond after such 2018 Bond has been selected for redemption. The Agreement and the rights and obligations of the City thereunder may be modified or amended as set forth therein. The principal of the 2018 Bonds is not subject to acceleration upon a default under the Agreement or any other document. This 2018 Bond shall not become valid or obligatory for any purpose until the certificate of authentication hereon endorsed shall have been dated and manually signed by the Fiscal Agent. It is hereby certified, without premiumrecited and declared that all acts, from sinking payments conditions and things required by law to exist, happen and be performed precedent to and in the issuance of this 2018 Bond have existed, happened and been performed in due time, form and manner as follows: Redemption Daterequired by law, and that the amount of this 2018 Bond, together with all other indebtedness of the City, does not exceed any debt limit prescribed by the laws or Constitution of the State of California. Unless this 2018 Bond is presented by an authorized representative of The Depository Trust Company to the Fiscal Agent for registration of transfer, exchange or payment, and any 2018 Bond issued is registered in the name of Cede & Co. or such other name as requested by an authorized representative of The Depository Trust Company and any payment is made to Cede & Co., ANY TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL since the registered owner hereof, Cede & Co., has an interest herein.

Appears in 1 contract

Samples: Fiscal Agent Agreement

Principal Amount. DOLLARS The City San Diego Unified School District, County of Redwood CitySan Diego, State of California (the “City”), for and on behalf of the City of Redwood City Community Facilities District No. 2010-1 (One Marina) (herein called the “District”), for value received, hereby acknowledges itself obligated to and promises to pay solely pay, but only from taxes collected by the Special Tax (as hereinafter defined) County for such purpose pursuant to be collected in Section 15250 of the District or amounts in the funds and accounts held under the Agreement (as hereinafter defined)California Education Code, to the registered owner named above, Registered Owner identified above or registered assignsassigns (the “Registered Owner”), on the maturity date Maturity Date set forth above, unless redeemed above or upon prior thereto as hereinafter providedredemption hereof, the principal amount set forth above, and to pay interest on such principal amount from the Bond Date shown above, or from the most recent Interest Payment Date (defined below) to which interest has been paid or duly provided for, semiannually on March 1 and September 1, commencing March 1, 2017 (each, an “Interest Payment Date”), at the interest rate set forth above, until the principal amount hereof is paid or made available for payment. The principal of this Bond is payable to the registered owner hereof Principal Amount specified above in lawful money of the United States of America upon presentation America, and surrender to pay interest thereon in like lawful money from the interest payment date next preceding the date of authentication of this Bond at bond (unless this bond is authenticated on or before an interest payment date and after the Principal Office close of business on the preceding Record Date (as defined herein), in which event it shall bear interest from such interest payment date, or unless this bond is authenticated on or before 15, 2016, in which event interest thereon shall be payable from the Agreement referred date hereof) at the interest rate per annum stated above, payable commencing on 1, 2016, and thereafter on January 1 and July 1 in each year, until payment of the Principal Amount. The principal hereof is payable to below) the Registered Owner hereof upon the surrender hereof at the designated corporate trust office of U.S. Bank National Association the paying agent/registrar and transfer agent of the District (herein called the “Fiscal Paying Agent”). Interest on this Bond shall be paid by check , initially the Treasurer-Tax Collector of the Fiscal Agent mailed on each Interest Payment Date County of San Diego. The interest hereon is payable to the registered owner person whose name appears on the bond registration books of the Paying Agent as the Registered Owner hereof as of the close of business on the 15th day of the calendar month preceding the month in which the Interest Payment Date occurs an interest payment date (the “Record Date”) ), whether or not such day is a business day, such interest to be paid by check mailed to such Registered Owner at such registered ownerthe Registered Owner’s address as it appears on the such registration books maintained by the Fiscal Agentbooks, or (i) if the Bonds are in book-entry-only form, or (ii) otherwise upon written request at such other address filed with the Fiscal Paying Agent prior to any for that purpose. Upon written request, given no later than the Record Date by a registered owner immediately preceding an interest payment date, of the Registered Owner of Bonds (hereinafter defined) aggregating at least $1,000,000 in aggregate principal amount of Bondsamount, interest will be paid by wire transfer in of immediately available funds to the depository for the Bonds or to an account maintained in the United States designated as specified by such registered owner the Registered Owner in such written request, respectively. Interest on this Bond So long as Cede & Co. or its registered assigns shall be payable from the Interest Payment Date next preceding the date of authentication hereof, unless (i) it is authenticated on an Interest Payment Date, in which event it shall bear interest for such Interest Payment Date, or (ii) such date of authentication is after a Record Date but on or prior to an Interest Payment Date, in which event interest will be payable from such Interest Payment Date, or (iii) such date of authentication is prior to the first Record Date, in which event interest will be payable from the Bond Date shown above; provided however, that if at the time of authentication Registered Owner of this Bondbond, interest is payment shall be made by wire transfer of immediately available funds as provided in default hereon, this Bond shall bear interest from the Interest Payment Date to which interest has previously been paid or made available for payment hereonPaying Agent Agreement hereinafter described. This Bond bond is one of a duly authorized issue of bonds of like tenor (except for such variations, if any, as may be required to designate varying series, numbers, denominations, interest rates, interest payment modes, maturities and redemption provisions), amounting in the aggregate principal amount of $__________ approved by a resolution of the City Council adopted on May 23to $ , 2016 and designated as “San Diego Unified School District 2015 General Obligation Bonds (the “Resolution”), pursuant to provisions of the California Government Code (the “Act”) for the purpose of refunding the City of Redwood City Community Facilities District No. 2010-1 (One Marina) Special Dedicated Unlimited Ad Valorem Property Tax Bonds) (Election of 2012, Series 2011, and is one of the series of Bonds designated “City of Redwood City Community Facilities District No. 2010-1 [D (One Marina) 2016 Special Tax Refunding BondsFederally Taxable)/E/F/G])” (the “Bonds”). The creation Bonds are part of an authorization of $2,800,000,000 approved by a vote of at least 55% of the voters voting at an election duly and legally called, held and conducted in the District on November 6, 2012. The Bonds were authorized by a resolution adopted by the Board of Education of the District (the “Board”) on , 2015 (the “District Resolution”) and a resolution of the Board of Supervisors of the County adopted on , 2015 ( the “County Resolution”), are issued by the Board of Education of the District and executed and sold by the County pursuant to and in strict conformity with the provisions of the Constitution and laws of the State, the District Resolution, the County Resolution and the terms and conditions thereof are provided for in the Fiscal Paying Agent Agreement, dated as of June August 1, 20162010, as supplemented and amended, including as supplemented by the [Sixth] Supplemental Paying Agent Agreement, dated as of [October] 1, 2015 (collectively, the “Paying Agent Agreement”), by and between the CityDistrict and the Paying Agent. Reference is hereby made to the District Resolution, the County Resolution, the Paying Agent Agreement and any and all amendments thereof for a description of the terms on which the Bonds are issued, for the rights of the Owners of the Bonds, for the provisions for payment of the Bonds, and for the amendment of the Paying Agent Agreement (with or without consent of the Owners of the Bonds); and all the terms of the District Resolution, the County Resolution and the Paying Agent Agreement are hereby incorporated herein and constitute a contract between the District and the Registered Owner of this Bond, to all the provisions of which the Registered Owner of this Bond, by acceptance hereof, agrees and consents. Capitalized undefined terms used herein have the meanings ascribed thereto in the Paying Agent Agreement. The Bonds are issuable as fully registered bonds without coupons in the denomination of $5,000 principal amount or any integral multiple thereof, provided that no Bond shall have principal maturing on behalf more than one principal maturity date. Subject to the limitations and conditions and upon payment of the charges, if any, as provided in the Paying Agent Agreement, Bonds may be exchanged for a like aggregate principal amount of Bonds of the same series, tenor, interest payment mode and maturity of other authorized denominations. This bond is transferable by the Registered Owner hereof, in person or by attorney duly authorized in writing, at the designated corporate trust office of the Paying Agent, but only in the manner, subject to the limitations and upon payment of the charges provided in the Paying Agent Agreement, and upon surrender and cancellation of this bond. Upon such transfer, a new Bond or Bonds of authorized denomination or denominations of the same series, tenor, interest payment mode and same aggregate principal amount will be issued to the transferee in exchange therefor. The District and the Paying Agent may treat the Registered Owner hereof as the absolute owner hereof for all purposes, and the District and the Paying Agent shall not be affected by any notice to the contrary. The Bonds are not subject to redemption prior to their stated maturity dates. The Bonds represent an obligation payable out of the interest and sinking fund of the District, and the Fiscal Agent (the “Agreement”) and this reference incorporates the Resolution and the Agreement herein, and by acceptance hereof the owner of this Bond assents to said terms and conditions. Pursuant to and as more particularly provided in the Agreement, additional bonds may be issued by the City from time to time secured by a lien on funds held under the Agreement on a parity with the lien securing the Bonds. The Agreement is authorized under and this Bond is issued under, and both are to be construed in accordance with, the laws of the State of California. The Bonds are not general obligations of the City, but are limited obligations of the City money for the District, payable solely from the revenues and funds pledged therefor under the Agreement. Neither the faith and credit nor the taxing power of the City, the District (except to the extent of the Special Tax levy in the District, as set forth in the Agreement) or the State of California or any political subdivision thereof is pledged to the payment of the Bonds. Pursuant to the Actprincipal of, premium, if any, and interest hereon, shall be raised by taxation upon the taxable property of the District. This bond shall not be entitled to any benefit under the Paying Agent Agreement, or become valid or obligatory for any purpose, until the principal certificate of authentication and interest on this Bond are payable solely from the annual Special Tax authorized under the Xxxxx-Xxxx Community Facilities Act of 1982 to be collected within the District and certain funds held under the Agreement. Any tax for the payment hereof registration hereon endorsed shall be limited to the Special Tax, except to the extent that provision for payment has have been made signed by the City, as may be permitted by law. The Bonds do not constitute obligations of the City for which said County is obligated to levy or pledge, or has levied or pledged, general or special taxation other than described hereinabove. The City has covenanted for the benefit of the owners of the Bonds that it will commence and pursue to completion appropriate foreclosure actions in the event of delinquencies of any Special Tax installments levied for payment of principal and interest as more particularly set forth in the Agreement. The Bonds are subject to optional redemption prior to their stated maturity on any Interest Payment Date occurring on or after September 1, 2017, as a whole, or in part among maturities as provided in the Agreement, at a redemption price (expressed as a percentage of the principal amount of the Bonds to be redeemed), as set forth below, together with accrued interest thereon to the date fixed for redemption: Redemption Dates Redemption Prices any Interest Payment Date from September 1, 2017 to and including March 1, 2024 103% September 1, 2024 and March 1, 2025 102 September 1, 2025 and March 1, 2026 101 September 1, 2026 and any Interest Payment Date thereafter 100 The Bonds maturing on September 1, , are subject to mandatory sinking payment redemption in part on September 1, and on each September 1 thereafter to maturity, by lot, at a redemption price equal to the principal amount thereof to be redeemed, together with accrued interest to the date fixed for redemption, without premium, from sinking payments as follows: Redemption DatePaying Agent.

Appears in 1 contract

Samples: Paying Agent Agreement

Principal Amount. DOLLARS The City STOCKTON PUBLIC FINANCING AUTHORITY, a joint exercise of Redwood City, powers entity duly organized and existing under and by virtue of the laws of the State of California (the “City”), for and on behalf of the City of Redwood City Community Facilities District No. 2010-1 (One Marina) (the “District”―Authority‖), for value received, hereby promises to pay solely from the Special Tax (as hereinafter defined) to be collected in the District or amounts in the funds and accounts held under the Agreement (as hereinafter defined), to the registered owner named above, Registered Owner specified above or registered assignsassigns (the ―Registered Owner‖), on the maturity date set forth Maturity Date specified above (subject to any right of prior redemption hereinafter provided for), the Principal Amount specified above, unless redeemed prior thereto as hereinafter provided, the principal amount set forth above, and to pay interest on such principal amount from the Bond Date shown above, or from the most recent Interest Payment Date (defined below) to which interest has been paid or duly provided for, semiannually on March 1 and September 1, commencing March 1, 2017 (each, an “Interest Payment Date”), at the interest rate set forth above, until the principal amount hereof is paid or made available for payment. The principal of this Bond is payable to the registered owner hereof in lawful money of the United States of America upon presentation America, and surrender of this Bond at to pay interest thereon in like lawful money from and including the Principal Office Interest Accrual Date (as defined in the Agreement referred to belowhereinafter defined Indenture) of U.S. Bank National Association (the “Fiscal Agent”). Interest on this Bond shall be paid by check of the Fiscal Agent mailed on each Interest Payment Date to the registered owner hereof as of the close of business on the 15th day of the month preceding the month in which the Interest Payment Date occurs (the “Record Date”) at such registered owner’s address as it appears on the registration books maintained by the Fiscal Agent, or (i) if the Bonds are in book-entry-only form, or (ii) otherwise upon written request filed with the Fiscal Agent prior to any Record Date by a registered owner of at least $1,000,000 in aggregate principal amount of Bonds, by wire transfer in immediately available funds to the depository for the Bonds or to an account in the United States designated by such registered owner in such written request, respectively. Interest on this Bond shall be payable from the Interest Payment Date next preceding the date of authentication hereof, unless (i) it is authenticated on an Interest Payment Date, in which event it shall bear interest for such Interest Payment Date, or (ii) such date of authentication is after a Record Date but on or prior to an Interest Payment DateAccrual Date to which interest on this Bond has been paid in full or duly provided for, in which event case interest will shall be payable from such Interest Payment Datedate of authentication, or (iiiii) such date of authentication this Bond is prior to the first Record Dateauthenticated on or before October , 2010, in which event case interest will shall be payable from the Bond Original Issue Date shown identified above; provided provided, however, that if at as of the time date of authentication of this Bond, interest is in default hereonon this Bond, this Bond shall bear interest from the Interest Payment Date to which interest has previously been paid or made available for payment hereonon this Bond), payable on each Interest Payment Date at the rate per annum as determined pursuant to the Indenture, dated as of October 1, 2010, by and between the Authority and the Trustee relating to the Bonds (the ―Indenture‖). Interest with respect to this Bond shall be paid on each Interest Payment Date, at the Daily Interest Rate, Weekly Interest Rate, Long-Term Interest Rate or Bond Interest Term Rate, as the case may be, all as provided in the Indenture. Principal hereof and premium, if any, upon early redemption hereof are payable in lawful money of the United States of America upon presentation and surrender at the corporate trust office of Xxxxx Fargo Bank National Association, as trustee (the ―Trustee‖), in San Francisco, California, or at such other or additional offices as may be specified by the Trustee from time to time (the ―Principal Corporate Trust Office‖). The principal and Purchase Price of and premium, if any, and interest on this Bond shall be payable in lawful money of the United States of America. Such amounts shall be paid by the Trustee on the applicable payment dates (i) while this Bond bears interest other than at a Long- Term Interest Rate, by wire transfer of immediately available funds on the applicable Record Date (as defined in the Indenture) to an account within the United States of America specified by the Owner thereof in writing delivered to the Trustee, and (ii) while this Bond bears interest at the Long-Term Interest Rate, by check mailed by the Trustee to the respective Owners thereof on the applicable Interest Payment Date at their addresses as they appear as of the close of business on the applicable Record Date in the registration books kept by the Trustee, except that in the case of such an Owner of $1,000,000 or more in aggregate principal amount of Bonds, upon the written request of such Owner to the Trustee at least two Business Days (as defined in the Indenture) before the Record Date, specifying the account or accounts in the United States to which such payment shall be made, such payments shall be made by wire transfer of immediately available funds on the applicable payment date following such Record Date. Any request referred to in clause (ii) of the preceding sentence shall remain in effect until revoked or revised by such Owner by an instrument in writing delivered to the Trustee. Bank Bonds (as defined in the Indenture) shall be payable as set forth in the Credit Facility (as defined in the Indenture). This Bond shall be issued in the form of a fully registered Bond in Authorized Denominations (as defined in the Indenture); provided that no Bond shall have principal represented thereby maturing in more than one year. Subject to the limitations and conditions and upon payment of the taxes and governmental charges provided in the Indenture, this Bond may be exchanged or transferred as provided in the Indenture at the Principal Corporate Trust Office of the Trustee. Capitalized terms used herein and not defined herein have the meaning assigned thereto in the Indenture. This Bond shall not be entitled to any benefit under the Indenture or become valid or obligatory for any purpose until the certificate of authentication hereon endorsed shall have been signed by the Trustee. This Bond is one of a duly authorized issue of revenue bonds of the Authority designated as its ―Variable Rate Demand Water Revenue Bonds, Series 2010A (Delta Water Supply Project)‖ (the ―Bonds‖) in the aggregate principal amount of $__________ approved by a resolution 55,000,000 all of like tenor and date (except for such variations, if any, as may be required to designate varying numbers, maturities and interest rates), and is issued under and pursuant to the provisions of the City Council adopted on May 23, 2016 Joint Exercise of Powers Act (the “Resolution”), pursuant to provisions being Chapter 5 of Division 7 of Title 1 of the California Government Code Code, as amended) and all laws amendatory thereof or supplemental thereto (the “Act”―Act‖) for and under and pursuant to the purpose provisions of refunding the Indenture (copies of which are on file at the Principal Corporate Trust Office of the Trustee ). The Bonds are issued to provide funds to finance the cost of the acquisition and construction of certain additions, betterments, extensions and improvements to the Water System (the ―2010 Water Project‖) of the City of Redwood Stockton (the ―City‖) to be sold by the Authority to the City. The Bonds are limited obligations of the Authority and are payable, as to interest thereon, principal thereof and any redemption premiums thereon, solely from the Revenues (the ―Revenues‖) constituting the installment payments (the ―Installment Payments‖) to be made by the City Community Facilities District No. to the Authority for the purchase of the 2010 Water Project pursuant to the Installment Purchase Contract, dated as of October 1, 2010-1 , by and between the City and the Authority (One Marinathe ―Installment Purchase Contract‖) Special Tax Bonds, Series 2011and the funds held in the accounts and funds pursuant to the Indenture as provided therein, and the Authority is one not obligated to pay interest on or principal of the series of Bonds designated “City of Redwood City Community Facilities District No. 2010-1 (One Marina) 2016 Special Tax Refunding Bonds” (the “Bonds”). The creation of or redemption premiums, if any, on the Bonds except from the Revenues and such funds. All the Bonds are equally and ratably secured in accordance with the terms and conditions thereof are provided for in the Fiscal Agent Agreement, dated as of June 1, 2016, between the City, for and on behalf of the DistrictIndenture by a pledge of and charge and lien upon the Revenues and such funds, and the Fiscal Agent (Revenues and such funds constitute a trust fund for the “Agreement”) security and this reference incorporates payment of the Resolution interest on and principal of and redemption premiums, if any, on the Agreement herein, and by acceptance hereof the owner of this Bond assents to said terms and conditions. Pursuant to and Bonds as more particularly provided in the AgreementIndenture. The full faith and credit of the Authority is not pledged for the payment of the interest on or principal of or redemption premiums, additional bonds may be issued by the City from time to time secured by a lien if any, on funds held under the Agreement on a parity with the lien securing the Bonds. The Agreement is authorized under and this Bond is issued under, and both are no tax shall ever be levied or collected to be construed in accordance withpay the interest on or principal of or redemption premiums, if any, on the laws of the State of CaliforniaBonds. The Bonds are not general obligations secured by a legal or equitable pledge of or charge or lien upon any property of the CityAuthority or any of its income or receipts except the Revenues and such funds. Neither the payment of the interest on or principal of or redemption premiums, but are limited obligations if any, on the Bonds is a debt, liability or general obligation of the City for the District, payable solely from the revenues and funds pledged therefor under the Agreement. Neither the faith and credit nor the taxing power of the City, the District (except to the extent of the Special Tax levy in the District, as set forth in the Agreement) or the State of California and neither the faith and credit of the City or any political subdivision thereof is the State of California are pledged to the payment of interest on or principal or redemption premiums, if any, on the Bonds. Pursuant Reference is hereby made to the ActAct and to the Indenture and any and all amendments thereof and supplements thereto for a description of the terms on which the Bonds are issued, the provisions with regard to the nature and extent of the Revenues, the rights of the registered owners of the Bonds, the security for payment of the Bonds, the remedies upon default and limitations thereon, and the Agreementamendment of the Indenture (with or without consent of the registered owners of the Bonds); and all the terms of the Indenture are hereby incorporated herein and constitute a contract between the Authority and the registered owner of this Bond, to all the principal provisions of which the registered owner of this Bond, by acceptance hereof, agrees and interest on this Bond are payable solely from the annual Special Tax authorized under the Xxxxx-Xxxx Community Facilities Act of 1982 to be collected within the District and certain funds held under the Agreement. Any tax for the payment hereof shall be limited to the Special Tax, except to the extent that provision for payment has been made by the City, as may be permitted by lawconsents. The Bonds do not constitute obligations of the City shall bear interest initially at a Weekly Interest Rate for which said County is obligated a Weekly Interest Rate Period. The Bonds may bear interest from time to levy or pledgetime at (i) a Daily Interest Rate during a Daily Interest Rate Period, (ii) a Weekly Interest Rate during a Weekly Interest Rate Period, (iii) Bond Interest Term Rates during a Short-Term Interest Rate Period, or has levied or pledged(iv) a Long Term Interest Rate during a Long-Term Interest Rate Period, general or special taxation other than described hereinaboveas defined in the Indenture. The City has covenanted for the benefit of the owners All of the Bonds that it will commence and pursue to completion appropriate foreclosure actions must be in the event of delinquencies of any Special Tax installments levied for payment of principal and same interest as more particularly set forth rate mode. Interest shall be computed, in the Agreementcase of a Long-Term Interest Rate Period, on the basis of a 360-day year consisting of twelve 30-day months, and in the case of a Daily Interest Rate Period, a Weekly Interest Rate Period or a Short-Term Interest Rate Period, on the basis of a 365 or 366-day year, as appropriate, for the actual number of days elapsed. The Authority may elect to adjust the Interest Rate Period with respect to all the Bonds to an alternate Interest Rate Period, subject to certain conditions specified in the Indenture. The Bonds are shall be subject to redemption prior to maturity as follows: The Bonds shall be subject to redemption prior to the Maturity Date by the Authority, in whole or in part, in accordance with the provisions of the Indenture. Bonds bearing interest at a Daily Interest Rate or a Weekly Interest Rate shall be subject to optional redemption prior to their stated maturity by the Authority, in whole or in part, at a Redemption Price of 100% of the principal amount thereof on any Business Day. Any Bond bearing interest at Bond Interest Payment Date occurring Term Rates shall be subject to optional redemption by the Authority, at a Redemption Price of 100% of the principal amount thereof on the day succeeding the last day of any Bond Interest Term with respect to that Bond. During a Long-Term Interest Rate Period, the Bonds bearing interest at a Long-Term Interest Rate shall be subject to optional redemption by the Authority, (i) on the first day of such Long-Term Interest Rate Period, in whole or after September 1in part, 2017at a Redemption Price of 100% of the principal amount thereof, as and (ii) thereafter, during the periods specified below or, subject to delivery to the Trustee of a wholeFavorable Opinion of Bond Counsel, during the periods specified in the notice of the City electing the Conversion of the Bonds to such Long-Term Interest Rate Period, in whole at any time or in part among maturities as provided in the Agreementfrom time to time, at a the redemption price prices (expressed as a percentage of principal amount) specified below or, as the case may be, in such notice of the City to the Trustee, in each case plus accrued interest, if any, to the redemption date: Length of Long-Term Interest Rate Period (expressed in years) Redemption Prices Greater than 10 after 7 years at 101%, declining by 1% every year to 100% less than or equal to 10 and greater than 7 after 5 years at 101%, declining by 1% every year to 100% less than or equal to 7 and greater than 4 after 3 years at 100%, less than or equal to 4 after 2 years at 100% In the event that the date on which the Bonds are Converted to a Long-Term Interest Rate is a date other than a day which would be an Interest Payment Date during such Long-Term Interest Rate Period, then the date on which the Bonds shall first be subject to redemption pursuant to the foregoing table (after the first day of such Long-Term Interest Rate Period) shall be the first Interest Payment Date next succeeding the date on which the Bonds otherwise would be subject to redemption, and the redemption price shall be adjusted on each anniversary of that Interest Payment Date as provided in such table. Except as may be provided in the Indenture, the Bonds shall also be subject to redemption prior to their stated maturities, in part, by lot, from mandatory redemptions required by and as specified in the Indenture commencing on October 1, 20 to and including October 1, 20 , at the principal amount of the Bonds to be redeemed), as set forth below, together with thereof plus accrued interest thereon to the date fixed for redemption: Redemption Dates Redemption Prices any Interest Payment Date from September 1, 2017 to and but not including March 1, 2024 103% September 1, 2024 and March 1, 2025 102 September 1, 2025 and March 1, 2026 101 September 1, 2026 and any Interest Payment Date thereafter 100 The Bonds maturing on September 1, , are subject to mandatory sinking payment redemption in part on September 1, and on each September 1 thereafter to maturity, by lot, at a redemption price equal to the principal amount thereof to be redeemed, together with accrued interest to the date fixed for redemption, without premium. The Bonds bearing interest at a Weekly Interest Rate and Daily Interest Rate are subject to optional tender and purchase as provided in the Indenture. All Bonds are subject to mandatory purchase on the first day of each Interest Rate Period and upon the occurrence of certain other events, all as provided in the Indenture. The Indenture and the rights and obligations of the Authority and the City and Owners and the Trustee thereunder may be amended or supplemented at any time by an amendment or supplement which shall become binding when the written consents of the Owners of a majority in aggregate principal amount of the Bonds then Outstanding, with the written consent of the Credit Facility Provider, if any, exclusive of Bonds disqualified as provided in the Indenture, are filed with the Trustee. No such amendment or supplement shall reduce the rate of interest on any Bond or extend the time of payment thereof or reduce the amount of principal or redemption premium, if any, of any Bond or extend the maturity thereof or otherwise alter or impair the obligation of the Authority to pay the interest and principal and redemption premium, if any, thereon at the time and place and at the rate and in the currency and from sinking payments the funds provided therein without the prior written consent of the Owner of the Bond so affected. The Indenture and the rights and obligations of the Authority and the City and the Owners and the Trustee thereunder may also be amended or supplemented by an amendment or supplement which shall become binding upon execution without the written consents of any Owners for the purposes and on the terms provided in the Indenture. If an Event of Default, as follows: Redemption Datedefined in the Indenture, shall occur, the principal of all Bonds may be declared due and payable upon the conditions, in the manner and with the effect provided in the Indenture, but such declaration and its consequences may be rescinded and annulled as further provided in the Indenture. This Bond is transferable by the Registered Owner hereof, in person or by his or her duly authorized attorney, at the Principal Corporate Trust Office of the Trustee but only in the manner subject to the limitations and upon payment of the taxes and charges provided in the Indenture and upon surrender and cancellation of this Bond. Upon registration of such transfer, a new Bond or Bonds, of authorized denomination or denominations, for a like aggregate principal amount and of like maturity will be issued to the transferee in exchange therefor. Bonds may be exchanged at said office of the Trustee for a like aggregate principal amount of Bonds of other authorized denominations and of like maturity, but only in the manner, subject to the limitations and upon payment of the taxes and charges provided in the Indenture. The Authority and the Trustee may treat the Registered Owner hereof as the absolute owner hereof for all purposes, and the Authority and the Trustee shall not be affected by any notice to the contrary.

Appears in 1 contract

Samples: stockton.granicus.com

Principal Amount. DOLLARS The City of Redwood City, California (the “City”), for and on behalf If less than all of the City Bonds of Redwood City Community Facilities District No. 2010-1 (One Marina) (any one maturity are called for redemption, the “District”), for value received, hereby promises to pay solely from the Special Tax (as hereinafter defined) particular Bonds or portions of Bonds of such maturity to be collected in redeemed shall be selected by lot by the District or amounts in such manner as the funds and accounts held under the Agreement (as hereinafter defined), to the registered owner named above, or registered assigns, on the maturity date set forth above, unless redeemed prior thereto as hereinafter District in its discretion may determine; provided, however, that the portion of any Bond to be redeemed shall be in the principal amount set forth aboveof $5,000 or some multiple thereof and that, and to pay interest on such principal amount from in selecting Bonds for redemption, the Paying Agent shall treat each Bond Date shown above, or from the most recent Interest Payment Date (defined below) to as representing that number of Bonds which interest has been paid or duly provided for, semiannually on March 1 and September 1, commencing March 1, 2017 (each, an “Interest Payment Date”), at the interest rate set forth above, until is obtained by dividing the principal amount hereof is paid or made available for paymentof such Bond by $5,000. The Paying Agent shall give notice of the redemption of the Bonds at the expense of the District. Such notice shall specify: (a) that the Bonds or a designated portion thereof are to be redeemed, (b) the numbers and CUSIP numbers of the Bonds to be redeemed, (c) the date of notice and the date of redemption, (d) the place or places where the redemption will be made, and (e) descriptive information regarding the Bonds including the dated date, interest rate and stated maturity date. Such notice shall further state that on the specified date there shall become due and payable upon each Bond to be redeemed, the portion of the principal amount of this such Bond is payable to be redeemed, together with interest accrued to said date, the redemption premium, if any, and that from and after such date interest with respect thereto shall cease to accrue and be payable. Notice of redemption shall be given by mail to the registered owner hereof respective owners of any Bonds designated for redemption at their addresses appearing on the Bond registration books, in lawful money every case at least 30 days, but not more than 60 days, prior to the redemption date. Neither the failure to receive such notice nor any defect in any notice so mailed shall affect the sufficiency of the United States proceedings for the redemption of America such Bonds. The Bonds are issuable as fully registered Bonds, without coupons, in denominations of $5,000 and any integral multiple thereof. Subject to the limitations and conditions and upon presentation and surrender payment of this Bond at the Principal Office (charges, if any, as defined provided in the Agreement referred to below) of U.S. Bank National Association (the “Fiscal Agent”). Interest on this Bond shall Resolution, Bonds may be paid by check of the Fiscal Agent mailed on each Interest Payment Date to the registered owner hereof as of the close of business on the 15th day of the month preceding the month in which the Interest Payment Date occurs (the “Record Date”) at such registered owner’s address as it appears on the registration books maintained by the Fiscal Agent, or (i) if the Bonds are in book-entry-only form, or (ii) otherwise upon written request filed with the Fiscal Agent prior to any Record Date by exchanged for a registered owner of at least $1,000,000 in like aggregate principal amount of Bonds, by wire transfer in immediately available funds to Bonds of other authorized denominations and of the depository for the Bonds or to an account in the United States designated by such registered owner in such written request, respectively. Interest on this Bond shall be payable from the Interest Payment Date next preceding the date of authentication hereof, unless (i) it is authenticated on an Interest Payment Date, in which event it shall bear interest for such Interest Payment Date, or (ii) such date of authentication is after a Record Date but on or prior to an Interest Payment Date, in which event interest will be payable from such Interest Payment Date, or (iii) such date of authentication is prior to the first Record Date, in which event interest will be payable from the Bond Date shown above; provided however, that if at the time of authentication of this Bond, interest is in default hereon, this Bond shall bear interest from the Interest Payment Date to which interest has previously been paid or made available for payment hereonsame maturity. This Bond is one of a transferable by the Owner hereof, in person or by his attorney duly authorized issue in writing, at said office of bonds the Paying Agent in Alameda, California, but only in the manner and subject to the limitations provided in the Resolution, and upon surrender and cancellation of this Bond. Upon registration of such transfer a new Bond or Bonds, of authorized denomination or denominations, for the same aggregate principal amount of $__________ approved by a resolution and of the City Council adopted on May 23same maturity will be issued to the transferee in exchange herefor. The District and the Paying Agent may treat the Owner hereof as the absolute owner hereof for all purposes, 2016 (and the “Resolution”)County, pursuant District and the Paying Agent shall not be affected by any notice to provisions the contrary. The Resolution may be amended without the consent of the California Government Code (the “Act”) for the purpose of refunding the City of Redwood City Community Facilities District No. 2010-1 (One Marina) Special Tax Bonds, Series 2011, and is one of the series of Bonds designated “City of Redwood City Community Facilities District No. 2010-1 (One Marina) 2016 Special Tax Refunding Bonds” (the “Bonds”). The creation Owners of the Bonds and to the terms and conditions thereof are provided for extent set forth in the Fiscal Agent AgreementResolution. Unless this Bond is presented by an authorized representative of The Depository Trust Company to the issuer or its agent for registration of transfer, dated exchange or payment, and any certificate issued is registered in the name of Cede & Co. or such other name as requested by an authorized representative of June 1The Depository Trust Company and any payment is made to Cede & Co., 2016ANY TRANSFER, between PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL since the Cityregistered owner hereof, for and on behalf Cede & Co., has an interest herein. The District has certified that all of the Districtthings, conditions and acts required to exist, to have happened or to have been performed precedent to and in the Fiscal Agent (the “Agreement”) and this reference incorporates the Resolution and the Agreement herein, and by acceptance hereof the owner issuance of this Bond assents to said terms do exist, have happened or have been performed in due and conditions. Pursuant to regular time and manner as more particularly provided in the Agreement, additional bonds may be issued required by the City from time to time secured by a lien on funds held under the Agreement on a parity with the lien securing the Bonds. The Agreement is authorized under and this Bond is issued under, and both are to be construed in accordance with, the laws of the State of California. The Bonds are not general obligations , and that all things necessary to consummate the lawful issuance and sale of the CityBonds, but are limited obligations the amount of the City for this Bond, together with all other indebtedness of the District, payable solely from the revenues and funds pledged therefor under the Agreement. Neither the faith and credit nor the taxing power does not exceed any limit prescribed by any laws of the City, the District (except to the extent of the Special Tax levy in the District, as set forth in the Agreement) or the State of California or any political subdivision thereof California, and is pledged to the payment not in excess of the Bonds. Pursuant amount of Bonds permitted to the Act, and the Agreement, the principal of and interest on this Bond are payable solely from the annual Special Tax authorized be issued under the Xxxxx-Xxxx Community Facilities Act of 1982 Resolution. This Bond shall not be entitled to be collected within the District and certain funds held any benefit under the Agreement. Any tax Resolution or become valid or obligatory for any purpose until the payment hereof shall be limited to the Special Tax, except to the extent that provision for payment Certificate of Authentication hereon has been made signed manually by the City, as may be permitted by law. The Bonds do not constitute obligations of the City for which said County is obligated to levy or pledge, or has levied or pledged, general or special taxation other than described hereinabove. The City has covenanted for the benefit of the owners of the Bonds that it will commence and pursue to completion appropriate foreclosure actions in the event of delinquencies of any Special Tax installments levied for payment of principal and interest as more particularly set forth in the Agreement. The Bonds are subject to optional redemption prior to their stated maturity on any Interest Payment Date occurring on or after September 1, 2017, as a whole, or in part among maturities as provided in the Agreement, at a redemption price (expressed as a percentage of the principal amount of the Bonds to be redeemed), as set forth below, together with accrued interest thereon to the date fixed for redemption: Redemption Dates Redemption Prices any Interest Payment Date from September 1, 2017 to and including March 1, 2024 103% September 1, 2024 and March 1, 2025 102 September 1, 2025 and March 1, 2026 101 September 1, 2026 and any Interest Payment Date thereafter 100 The Bonds maturing on September 1, , are subject to mandatory sinking payment redemption in part on September 1, and on each September 1 thereafter to maturity, by lot, at a redemption price equal to the principal amount thereof to be redeemed, together with accrued interest to the date fixed for redemption, without premium, from sinking payments as follows: Redemption DatePaying Agent.

Appears in 1 contract

Samples: Paying Agent Agreement

Principal Amount. DOLLARS The City of Redwood CityNo. FXR- --- ----------------- ---------------- AIRGAS, California INC. MEDIUM-TERM NOTE, SERIES A (Fixed Rate) ORIGINAL ISSUE DATE: INTEREST RATE: % STATED MATURITY DATE: INTEREST PAYMENT DATE(S) DEFAULT RATE: % [ ] and ------- ------- [ ] Other: INITIAL REDEMPTION INITIAL REDEMPTION ANNUAL REDEMPTION DATE: PERCENTAGE: % PERCENTAGE REDUCTION: % OPTIONAL REPAYMENT [ ] CHECK IF AN ORIGINAL DATE(S): ISSUE DISCOUNT NOTE Issue Price: % AUTHORIZED DENOMINATION: [ ] $1,000 and integral multiples thereof [ ] Other: ADDENDUM ATTACHED OTHER/ADDITIONAL PROVISIONS: [ ] Yes [ ] No AIRGAS, INC., Delaware Corporation (the “City”)"Company", for and on behalf of which terms include any successor corporation under the City of Redwood City Community Facilities District No. 2010-1 (One Marina) (the “District”Indenture hereinafter referred to), for value received, hereby promises to pay solely from the Special Tax (as hereinafter defined) to be collected in the District or amounts in the funds and accounts held under the Agreement (as hereinafter defined), to the registered owner named above, or registered assigns, the principal sum of , on the maturity date set forth aboveStated Maturity Date specified above (or any Redemption Date or Repayment Date, unless redeemed prior thereto each as defined on the reverse hereof) (each such Stated Maturity Date, Redemption Date or Repayment Date being hereinafter provided, referred to as the "Maturity Date" with respect to the principal amount set forth above, repayable on such date) and to pay interest on such principal amount from thereon, at the Bond Date shown Interest Rate per annum specified above, until the principal hereof is paid or from duly made available for payment, and (to the most recent extent that the payment of such interest shall be legally enforceable) at the Default Rate per annum specified above on any overdue principal, premium and/or interest. The Company will pay interest in arrears on each Interest Payment Date, if any, specified above (each, an "Interest Payment Date"), commencing with the first Interest Payment Date next succeeding the Original Issue Date specified above, and on the Maturity Date; provided, however, that if the Original Issue Date occurs between -------- ------- a Record Date (as defined below) and the next succeeding Interest Payment Date, interest payments will commence on the second Interest Payment Date next succeeding the Original Issue Date to the holder of this Note on the Record Date with respect to such second Interest Payment Date. Interest on this Note will be computed on the basis of a 360-day year of twelve 30-day months. Interest on this Note will accrue from, and including, the immediately preceding Interest Payment Date to which interest has been paid or duly provided for (or from, and including, the Original Issue Date if no interest has been paid or duly provided for) to, semiannually on March 1 and September 1but excluding, commencing March 1the applicable Interest Payment Date or the Maturity Date, 2017 as the case may be (each, an "Interest Period"). The interest so payable, and punctually paid or duly provided for, on any Interest Payment Date”)Date will, subject to certain exceptions described herein, be paid to the person in whose name this Note (or one or more predecessor Notes) is registered at the close of business on the fifteenth calendar day (whether or not a Business Day, as defined below) immediately preceding such Interest Payment Date (the "Record Date"); provided, however, that interest rate set forth above, until payable on -------- ------- the principal amount hereof is paid or made available for payment. The principal of this Bond is Maturity Date will be payable to the person to whom the principal hereof and premium, if any, hereon shall be payable. Any such interest not so punctually paid or duly provided for ("Defaulted Interest") will forthwith cease to be payable to the holder on any Record Date, and shall be paid to the person in whose name this Note is registered owner hereof at the close of business on a special record date (the "Special Record Date") for the payment of such Defaulted Interest to be fixed by the Trustee hereinafter referred to, notice whereof shall be given to the holder of this Note by the Trustee not less than 10 calendar days prior to such Special Record Date or may be paid at any time in any other lawful money manner not inconsistent with the requirements of any securities exchange on which this Note may be listed, and upon such notice as may be required by such exchange, all as more fully provided for in the United States Indenture. Payment of America principal, premium, if any, and interest in respect of this Note due on the Maturity Date will be made in immediately available funds upon presentation and surrender of this Bond Note (and, with respect to any applicable repayment of this Note, a duly completed election form as contemplated on the reverse hereof) at the Principal Office (as defined corporate trust office of the Trustee maintained for that purpose in the Agreement referred Borough of Manhattan, The City of New York, currently located at 000 Xxxxxxx Xxxxxx, New York, New York 10286, or at such other paying agency in the Borough of Manhattan, The City of New York, as the Company may determine; provided, however, that a holder of $10,000,000 or more in aggregate principal -------- ------- amount of Notes (whether having identical or different terms and provisions) will be entitled to below) of U.S. Bank National Association (the “Fiscal Agent”). Interest receive interest payments on this Bond shall be paid by check of the Fiscal Agent mailed on each such Interest Payment Date to the registered owner hereof as of the close of business on the 15th day of the month preceding the month in which the Interest Payment Date occurs (the “Record Date”) at such registered owner’s address as it appears on the registration books maintained by the Fiscal Agent, or (i) if the Bonds are in book-entry-only form, or (ii) otherwise upon written request filed with the Fiscal Agent prior to any Record Date by a registered owner of at least $1,000,000 in aggregate principal amount of Bonds, by wire transfer in of immediately available funds if appropriate wire transfer instructions have been received in writing by the Trustee not less than 15 calendar days prior to the depository for the Bonds or to an account in the United States designated by such registered owner in such written request, respectively. Interest on this Bond shall be payable from the Interest Payment Date next preceding the date of authentication hereof, unless (i) it is authenticated on an Interest Payment Date, in which event it shall bear interest for such Interest Payment Date, or (ii) . Any such date of authentication is after a Record Date but on or prior to an Interest Payment Date, in which event interest will be payable from such Interest Payment Date, or (iii) such date of authentication is prior to the first Record Date, in which event interest will be payable from the Bond Date shown above; provided however, that if at the time of authentication of this Bond, interest is in default hereon, this Bond shall bear interest from the Interest Payment Date to which interest has previously been paid or made available for payment hereon. This Bond is one of a duly authorized issue of bonds in the aggregate principal amount of $__________ approved by a resolution of the City Council adopted on May 23, 2016 (the “Resolution”), pursuant to provisions of the California Government Code (the “Act”) for the purpose of refunding the City of Redwood City Community Facilities District No. 2010-1 (One Marina) Special Tax Bonds, Series 2011, and is one of the series of Bonds designated “City of Redwood City Community Facilities District No. 2010-1 (One Marina) 2016 Special Tax Refunding Bonds” (the “Bonds”). The creation of the Bonds and the terms and conditions thereof are provided for in the Fiscal Agent Agreement, dated as of June 1, 2016, between the City, for and on behalf of the District, and the Fiscal Agent (the “Agreement”) and this reference incorporates the Resolution and the Agreement herein, and by acceptance hereof the owner of this Bond assents to said terms and conditions. Pursuant to and as more particularly provided in the Agreement, additional bonds may be issued wire transfer instructions received by the City from time to time secured Trustee shall remain in effect until revoked by a lien on funds held under the Agreement on a parity with the lien securing the Bondssuch holder. The Agreement is authorized under and this Bond is issued under, and both are to be construed in accordance with, the laws of the State of California. The Bonds are not general obligations of the City, but are limited obligations of the City for the District, payable solely from the revenues and funds pledged therefor under the Agreement. Neither the faith and credit nor the taxing power of the City, the District (except to the extent of the Special Tax levy in the District, as set forth in the Agreement) or the State of California or any political subdivision thereof is pledged to the payment of the Bonds. Pursuant to the Act, and the Agreement, the principal of and interest on this Bond are payable solely from the annual Special Tax authorized under the Xxxxx-Xxxx Community Facilities Act of 1982 to be collected within the District and certain funds held under the Agreement. Any tax for the payment hereof shall be limited to the Special Tax, except to the extent that provision for payment has been made by the City, as may be permitted by law. The Bonds do not constitute obligations of the City for which said County is obligated to levy or pledge, or has levied or pledged, general or special taxation other than described hereinabove. The City has covenanted for the benefit of the owners of the Bonds that it will commence and pursue to completion appropriate foreclosure actions in the event of delinquencies of any Special Tax installments levied for payment of principal and interest as more particularly set forth in the Agreement. The Bonds are subject to optional redemption prior to their stated maturity on If any Interest Payment Date occurring or the Maturity Date falls on a day that is not a Business Day, the required payment of principal, premium, if any, and/or interest shall be made on the next succeeding Business Day with the same force and effect as if made on the date such payment was due, and no interest shall accrue with respect to such payment for the period from and after such Interest Payment Date or after September 1, 2017the Maturity Date, as a wholethe case may be, or in part among maturities as provided in the Agreement, at a redemption price (expressed as a percentage of the principal amount of the Bonds to be redeemed), as set forth below, together with accrued interest thereon to the date fixed for redemption: Redemption Dates Redemption Prices any Interest Payment Date from September 1, 2017 to and including March 1, 2024 103% September 1, 2024 and March 1, 2025 102 September 1, 2025 and March 1, 2026 101 September 1, 2026 and any Interest Payment Date thereafter 100 The Bonds maturing of such payment on September 1, , are subject to mandatory sinking payment redemption in part on September 1, and on each September 1 thereafter to maturity, by lot, at a redemption price equal to the principal amount thereof to be redeemed, together with accrued interest to the date fixed for redemption, without premium, from sinking payments as follows: Redemption Datenext succeeding Business Day.

Appears in 1 contract

Samples: Airgas Inc

Principal Amount. DOLLARS The City CITY OF SAN XXXX FINANCING AUTHORITY, a public body, corporate and politic, duly organized and existing under and pursuant to the laws of Redwood City, the State of California (herein called the “City”), for and on behalf of the City of Redwood City Community Facilities District No. 2010-1 (One Marina) (the “District”"Authority"), for value received, hereby promises to pay solely from (but only out of the Special Tax (as Revenues hereinafter definedmentioned) to be collected in the District or amounts in the funds and accounts held under the Agreement (as hereinafter defined), to the registered owner named specified above, or registered assigns, on the maturity date set forth above, unless redeemed Maturity Date specified above (subject to any right of prior thereto as redemption hereinafter provided, mentioned) the principal amount set forth above, and to pay interest on such principal amount from the Bond Date shown above, or from the most recent Interest Payment Date (defined below) to which interest has been paid or duly provided for, semiannually on March 1 and September 1, commencing March 1, 2017 (each, an “Interest Payment Date”), at the interest rate set forth above, until the principal amount hereof is paid or made available for payment. The principal of this Bond is payable to the registered owner hereof Principal Amount specified above in lawful money of the United States of America upon presentation America, and surrender to pay interest thereon in like lawful money from the interest payment date next preceding the date of authentication of this Bond (unless this Bond is authenticated as of an interest payment date, in which event it shall bear interest from the date of authentication hereof, or unless this Bond is authenticated after a record date and before an interest payment date, in which event it shall bear interest from the next succeeding interest payment date, or unless this Bond is authenticated on or prior to [November 15, 2013, in which event it shall bear interest from the date hereof) until payment of such Principal Amount in full as provided in the Trust Agreement hereinafter mentioned, at the Principal Office (as defined rate of interest specified above, payable semiannually on June 1 and December 1 in the Agreement referred to below) of U.S. Bank National Association (the “Fiscal Agent”). Interest on this Bond shall be paid each year, commencing [December 1, 2013], by check of the Fiscal Agent mailed on each Interest Payment Date to the registered owner hereof as of the close of business on the 15th day of the month preceding the month in which the Interest Payment Date occurs (the “Record Date”) at such registered owner’s address as it appears on ; provided that upon the registration books maintained by the Fiscal Agent, or (i) if the Bonds are in book-entry-only form, or (ii) otherwise upon written request filed with the Fiscal Agent prior to of any Record Date by a registered owner of at least $1,000,000 in aggregate principal amount of Bonds, such payment shall be made by wire transfer in immediately available funds to the depository for the Bonds or to an account in the United States designated by such registered owner in such written request, respectivelyowner. Interest on this Bond shall be The principal (or redemption price) hereof is payable from the Interest Payment Date next preceding the date of authentication hereof, unless (i) it is authenticated on an Interest Payment Date, in which event it shall bear interest for such Interest Payment Date, or (ii) such date of authentication is after a Record Date but on or prior to an Interest Payment Date, in which event interest will be payable from such Interest Payment Date, or (iii) such date of authentication is prior to the first Record Date, in which event interest will be payable from the Bond Date shown above; provided however, that if at the time Corporate Trust Office (as defined in the Trust Agreement hereinafter mentioned) of authentication of this BondXxxxx Fargo Bank, interest is in default hereon, this Bond shall bear interest from National Association (herein called the Interest Payment Date to which interest has previously been paid or made available for payment hereon"Trustee"). This Bond is one of a duly authorized issue of bonds in Bonds of the Authority designated as the City of San Xxxx Financing Authority Lease Revenue Refunding Bonds, Series 2013B (Civic Center Garage Project) (herein called the "Bonds"), of an initial aggregate principal amount of $__________ approved by a resolution of the City Council adopted on May 23, 2016 (the “Resolution”), $ all issued pursuant to the provisions of the California Xxxxx-Xxxx Local Bond Pooling Act of 1985, constituting Article 4, Chapter 5, Division 7, Title 1 (commencing with Section 6584) of the Government Code of the State of California (herein called the “Act”) for the purpose of refunding the City of Redwood City Community Facilities District No. 2010-1 (One Marina) Special Tax Bonds, Series 2011"Law"), and is one of the series of Bonds designated “City of Redwood City Community Facilities District No. 2010-1 (One Marina) 2016 Special Tax Refunding Bonds” (the “Bonds”). The creation of the Bonds and the terms and conditions thereof are provided for in the Fiscal Agent pursuant to a Trust Agreement, dated as of June 1, 20162013, by and between the Authority and the Trustee (herein called the "Trust Agreement"), authorizing the issuance of the Bonds. Reference is hereby made to the Trust Agreement (a copy of which is on file at said office of the Trustee) and all Trust Agreements supplemental thereto and to the Law for a description of the terms on which the Bonds are issued, the provisions with regard to the nature and extent of the Revenues, as that term is defined in the Trust Agreement, and the rights thereunder of the registered owners of the Bonds and the rights, duties and immunities of the Trustee and the rights and obligations of the Authority thereunder, to all the provisions of which Trust Agreement the registered owner of this Bond, by acceptance hereof, assents and agrees. The proceeds of the Bonds will be used by the Authority for the purposes and on the terms and conditions set forth in the Trust Agreement and in the Project Lease, dated as of June 1, 2013, by and between the Authority, as lessor, and the City of San Xxxx (the "City"), as lessee (herein called the "Project Lease"). This Bond and the interest hereon and all other Bonds and the interest thereon (to the extent set forth in the Trust Agreement) are payable from, and are secured by a pledge and assignment of, the Revenues (as that term is defined in the Trust Agreement) derived from a portion of the amounts payable by the City under the Project Lease. Except to the extent set forth in the Trust Agreement, all such Revenues are exclusively and irrevocably pledged to and constitute a trust fund, in accordance with the terms hereof and the provisions of the Trust Agreement and the Law, for the security and payment or redemption of, and for the security and payment of interest on the Bonds; but nevertheless, in accordance with the Trust Agreement, out of Revenues certain amounts may be applied for other purposes as provided in the Trust Agreement. The Bonds are special obligations of the Authority, payable solely from and secured by a pledge of the aforementioned Revenues as specified herein and in the Trust Agreement. Neither the payment of the principal of the Bonds, nor any interest thereon, constitutes a debt, liability or obligation of the City, for and on behalf of the District, and the Fiscal Agent Agency (the “Agreement”) and this reference incorporates the Resolution and the Agreement herein, and by acceptance hereof the owner of this Bond assents to said terms and conditions. Pursuant to and as more particularly provided that term is defined in the Trust Agreement, additional bonds may be issued by the City from time to time secured by a lien on funds held under the Agreement on a parity with the lien securing the Bonds. The Agreement is authorized under and this Bond is issued under, and both are to be construed in accordance with), the laws of Authority or the State of California. The Bonds are do not general constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction. The rights and obligations of the City, but are limited obligations Authority and the holders of the City for Bonds may be modified or amended at any time in the Districtmanner, payable solely from the revenues and funds pledged therefor under the Agreement. Neither the faith and credit nor the taxing power of the City, the District (except to the extent and upon the terms provided in the Trust Agreement, but no such modification or amendment shall (1) extend the fixed maturity of this Bond or reduce the rate of interest hereon or extend the time of payment of interest, or reduce the amount of the Special Tax levy in principal hereof or reduce any premium payable upon the Districtredemption hereof, without the consent of the holder hereof, or (2) reduce the percentage of Bonds required for the affirmative vote or written consent to an amendment or modification, all as more fully set forth in the Agreement) or the State of California or any political subdivision thereof is pledged to the payment of the Bonds. Pursuant to the Act, and the Agreement, the principal of and interest on this Bond are payable solely from the annual Special Tax authorized under the Xxxxx-Xxxx Community Facilities Act of 1982 to be collected within the District and certain funds held under the Agreement. Any tax for the payment hereof shall be limited to the Special Tax, except to the extent that provision for payment has been made by the City, as may be permitted by law. The Bonds do not constitute obligations of the City for which said County is obligated to levy or pledge, or has levied or pledged, general or special taxation other than described hereinabove. The City has covenanted for the benefit of the owners of the Bonds that it will commence and pursue to completion appropriate foreclosure actions in the event of delinquencies of any Special Tax installments levied for payment of principal and interest as more particularly set forth in the Trust Agreement. The Bonds maturing on or after June 1, 20 are subject to optional redemption prior to their stated maturity on any Interest Payment Date occurring on or after September June 1, 201720 at the option of the Authority, as a whole, whole or in part among on any date, as is set forth in a Request of the Authority, from such maturities as provided in are selected by the Agreement, at a redemption price Authority (expressed including sinking fund payments as a percentage of the principal amount of the Bonds to be redeemedmaturity), as set forth below, together from amounts deposited with accrued interest thereon to the date fixed for redemption: Redemption Dates Redemption Prices Trustee by the Authority from any Interest Payment Date from September 1, 2017 to and including March 1, 2024 103% September 1, 2024 and March 1, 2025 102 September 1, 2025 and March 1, 2026 101 September 1, 2026 and any Interest Payment Date thereafter 100 The Bonds maturing on September 1, , are subject to mandatory sinking payment redemption in part on September 1, and on each September 1 thereafter to maturity, by lotfunds available therefor other than proceeds of insurance or eminent domain proceedings, at a redemption price equal to the principal amount thereof of Bonds to be redeemedredeemed plus accrued but unpaid interest to the redemption date, together with without premium. The Bonds are subject to redemption on any date without premium under the circumstances prescribed and as provided in the Trust Agreement, as a whole or in part, through the application of proceeds of insurance and eminent domain proceedings. The Term Bonds maturing on June 1, 20 shall be subject to mandatory redemption from mandatory Sinking Account Payments, in part, by lot, on June 1, 20 and on June 1, 20 from money on hand in the Principal Fund at a redemption price equal to the principal amount thereof, plus accrued interest thereon to the redemption date, without premium. The principal amount of such Term Bonds to be redeemed and the dates therefor shall be as set forth in the following schedule: Redemption Date (June1) Principal Amount * *Maturity The Term Bonds maturing on June 1, 20 shall be subject to mandatory redemption from mandatory Sinking Account Payments, in part, by lot, on June 1, 20 and on June 1, 20 from money on hand in the Principal Fund at a redemption price equal to the principal amount thereof, plus accrued interest thereon to the redemption date, without premium. The principal amount of such Term Bonds to be redeemed and the dates therefor shall be as set forth in the following schedule: Redemption Date (June1) Principal Amount * *Maturity As provided in the Trust Agreement, notice of redemption shall be mailed, by first class mail, not less than 30 nor more than 60 days prior to the redemption date, to the registered owner of Bonds designated for redemption, but neither failure to receive such notice nor any defect in the notice so mailed shall affect the sufficiency of the proceedings for redemption. The Authority shall have the right to rescind notices of redemption as provided in the Trust Agreement. If this Bond is called for redemption and payment is duly provided therefor as specified in the Trust Agreement, interest shall cease to accrue hereon from and after the date fixed for redemption. If an event of default, as defined in the Trust Agreement, shall occur, the principal of all Bonds may be declared due and payable upon the conditions, in the manner and with the effect provided in the Trust Agreement but such declaration and its consequences may be rescinded and annulled as further provided in the Trust Agreement. The Bonds are issuable only as fully registered Bonds without premiumcoupons in the denomination of $5,000 and any integral multiple thereof. Subject to the limitations and conditions and upon payment of the charges, from sinking payments if any, as follows: Redemption Dateprovided in the Trust Agreement, Bonds may be exchanged for a like aggregate principal amount of fully registered Bonds of any other authorized denominations subject to the conditions and restrictions contained in the Trust Agreement. This Bond is transferable by the registered owner hereof, in person or by his or her attorney duly authorized in writing, at said office of the Trustee, but only in the manner, subject to the limitations and upon payment of the charges provided in the Trust Agreement, and upon surrender and cancellation of this Bond. Upon such transfer a new fully registered Bond or Bonds without coupons of authorized denomination or denominations, for the same aggregate principal amount, will be issued to the transferee in exchange herefor. The Authority and the Trustee may treat the registered owner hereof as the absolute owner hereof for all purposes, and the Authority and the Trustee shall not be affected by any notice to the contrary. It is hereby certified that all of the conditions, things and acts required to exist, to have happened or to have been performed precedent to and in the issuance of this Bond do exist, have happened or have been performed in due and regular time, form and manner as required by the Law and the laws of the State of California, and that the amount of this Bond, together with all other indebtedness of the Authority, does not exceed any limit prescribed by the Law or any laws of the State of California, and is not in excess of the amount of Bonds permitted to be issued under the Trust Agreement. This Bond shall not be entitled to any benefit under the Trust Agreement or become valid or obligatory for any purpose until the certificate of authentication and registration hereon endorsed shall have been manually signed by the Trustee. Unless this Bond is presented by an authorized representative of The Depository Trust Company to the issuer or its agent for registration of transfer, exchange or payment, and any certificate issued is registered in the name of Cede & Co. or such other name as requested by an authorized representative of The Depository Trust Company and any payment is made to Cede & Co., ANY TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL since the registered owner hereof, Cede & Co., has an interest herein.

Appears in 1 contract

Samples: Trust Agreement

Principal Amount. DOLLARS The registered owner identified above, or registered assigns, as the registered owner of this Pledged Revenue Obligation, Series 2019 (this “Obligation”) is the owner of all of the interests in the rights to receive certain “Payments” under and defined in that certain Third Purchase Agreement, dated as of May 1, 2019 (the “Purchase Agreement”), by and between (the “Trustee”), and the City of Redwood CityAvondale, California Arizona, a municipal corporation under the laws of the State of Arizona (the “City”), for which Payments and on behalf other rights and interests under the Purchase Agreement are held by the Trustee in trust under that certain Third Trust Agreement, dated as of the City of Redwood City Community Facilities District No. 2010-1 (One Marina) May 1, 2019 (the “DistrictTrust Agreement”), by and between the City and the Trustee. The Trustee maintains a corporate trust office for value receivedpayment and transfer of this Obligation (the “Designated Office”). The registered owner of this Obligation is entitled to receive, hereby promises to pay solely from the Special Tax (as hereinafter defined) to be collected in the District or amounts in the funds and accounts held under the Agreement (as hereinafter defined), subject to the registered owner named above, or registered assignsterms of the Purchase Agreement, on the maturity payment date set forth above, unless redeemed prior thereto as hereinafter provided, the principal amount set forth above, and to pay interest on such principal amount from the Bond Date shown above, or from the most recent Interest Payment Date (defined below) to which interest has been paid or duly provided for, semiannually on March 1 and September 1, commencing March 1, 2017 (each, an “Interest Payment Date”), at the interest rate set forth above, until the principal amount hereof is and to receive semiannually on January 1 and July 1 of each year commencing _ 1, 20 (the “Interest Payment Dates”), until payment in full of the portion of the Payments designated as principal or prepayment prior thereto, the portion of the Payments designated as interest coming due during the period commencing on the last date on which interest was paid or made available for payment. The principal of this Bond is payable and ending on the day prior to the registered owner hereof Interest Payment Date or, if no interest has been paid, from the Dated Date specified above. Said interest is the result of the multiplication of said principal by the interest rate per annum set forth above. Interest shall be calculated on the basis of a 360-day year composed of twelve (12) months of thirty (30) days each. Principal and interest represented by this Obligation are payable in lawful money of the United States of America upon presentation and surrender of this Bond at the Principal Office (as defined provided in the Trust Agreement referred to below) of U.S. Bank National Association (and the “Fiscal Agent”)other amounts due with respect hereto. Interest on this Bond shall be paid by check The records of the Fiscal Agent mailed on each Interest Payment Date Trustee prevail in the event of discrepancy as to payment. The Trustee has no obligation or liability to the registered owner hereof as of this Obligation for the payment of interest or principal represented by this Obligation. The Trustee’s sole obligations are to administer, for the benefit of the close of business on the 15th day of the month preceding the month in which the Interest Payment Date occurs (the “Record Date”) at such registered owner’s address as it appears on the registration books maintained by the Fiscal Agent, or (i) if the Bonds are in book-entry-only form, or (ii) otherwise upon written request filed with the Fiscal Agent prior to any Record Date by a registered owner of at least $1,000,000 in aggregate principal amount of Bondsthis Obligation, by wire transfer in immediately available the various funds and accounts established pursuant to the depository for the Bonds or to an account Trust Agreement. (The recitals, statements, covenants and representations made in the United States designated by such registered owner in such written request, respectively. Interest on this Bond Obligation shall be payable from taken and construed as made by and on the Interest Payment Date next preceding the date part of authentication hereof, unless (i) it is authenticated on an Interest Payment Date, in which event it shall bear interest for such Interest Payment Date, or (ii) such date of authentication is after a Record Date but on or prior to an Interest Payment Date, in which event interest will be payable from such Interest Payment Date, or (iii) such date of authentication is prior to the first Record Date, in which event interest will be payable from the Bond Date shown above; provided however, that if at the time of authentication of this Bond, interest is in default hereon, this Bond shall bear interest from the Interest Payment Date to which interest has previously been paid or made available for payment hereon. This Bond is one of a duly authorized issue of bonds in the aggregate principal amount of $__________ approved by a resolution of the City Council adopted on May 23, 2016 (the “Resolution”), pursuant to provisions of the California Government Code (the “Act”) for the purpose of refunding the City of Redwood City Community Facilities District No. 2010-1 (One Marina) Special Tax Bonds, Series 2011, and is one of the series of Bonds designated “City of Redwood City Community Facilities District No. 2010-1 (One Marina) 2016 Special Tax Refunding Bonds” (the “Bonds”). The creation of the Bonds and the terms and conditions thereof are provided for in the Fiscal Agent Agreement, dated as of June 1, 2016, between the City, for and on behalf of not by the DistrictTrustee, and the Fiscal Agent (Trustee does not assume, and shall not have, any responsibility or obligation for the correctness of any thereof.) This Obligation has been executed and delivered by the Trustee pursuant to the terms of, and for the purposes described in, the Trust Agreement”) and this reference incorporates . The City is authorized to enter into the Resolution Purchase Agreement and the Trust Agreement herein, and by acceptance hereof the owner of this Bond assents to said terms and conditions. Pursuant to and as more particularly provided in the Agreement, additional bonds may be issued by the City from time to time secured by a lien on funds held under the Agreement on a parity with the lien securing the Bonds. The Agreement is authorized under and this Bond is issued under, and both are to be construed in accordance with, the laws of the State of California. The Bonds are not general obligations Arizona and by an ordinance of the CityMayor and Council of the City adopted on April 22, but 2019. Reference is hereby made to the Purchase Agreement and the Trust Agreement (copies of which are limited on file at the Designated Office) for further definitions, the terms, covenants and provisions pursuant to which this Obligation is delivered, the rights thereunder of the registered owner of this Obligation, the terms under which the Trust Agreement or the Purchase Agreement may be modified or supplemented, the rights, duties and immunities of the Trustee and the security for, and the rights and obligations of the City under the Purchase Agreement (including with respect to certain obligations secured on a senior lien basis by, and to be secured on a parity lien basis with, the security for the DistrictPayments and to certain limitations on such security), payable solely from to all of the revenues provisions of which Purchase Agreement and funds pledged therefor Trust Agreement the registered owner of this Obligation, by acceptance hereof, assents and agrees. (To the extent and in the manner permitted by the terms of the Trust Agreement, the provisions of the Trust Agreement and the Purchase Agreement may be amended by the parties thereto with the written consent of the owners of a majority of the obligations of which this Obligation is one (the “Obligations”), and may be amended without such consent under certain circumstances but in no event such that the interests of the owners of the Obligations are adversely affected, provided that no such amendment shall impair the right of any owner to receive in any case such owner’s proportionate share of any Payment thereof in accordance with this Obligation.) The obligation of the City to make the Payments does not represent or constitute a general obligation of the City for which the City is obligated to levy or pledge any form of taxation nor does the obligation to make the Payments under the Agreement. Neither the faith and credit nor the taxing power Purchase Agreement constitute an indebtedness of the City, the District (except to State of Arizona or any of its political subdivisions within the extent meaning of any constitutional or statutory debt limitation or restriction or otherwise. Neither the Trustee nor the registered owners of the Special Tax levy Obligations shall have any right under any circumstances to accelerate the payment date of the Obligations or otherwise declare any of the Payments not then past due or in default to be immediately due and payable. (This Obligation represents an interest in a limited obligation of the DistrictCity (as described herein), and no member of the Mayor and Council, officer or agent, as set forth in the Agreement) such, past, present or the State of California or any political subdivision thereof is pledged to the payment future, of the Bonds. Pursuant to the Act, and the Agreement, the principal of and interest on this Bond are payable solely from the annual Special Tax authorized under the Xxxxx-Xxxx Community Facilities Act of 1982 to City shall be collected within the District and certain funds held under the Agreement. Any tax personally liable for the payment hereof hereof.) This Obligation is executed and delivered only in fully registered, physically certificated form and shall not be limited to the Special Taxtransferable or exchangeable, except to the extent that provision for payment has been made by the City, as may be permitted by law. The Bonds do not constitute obligations of the City for which said County is obligated to levy or pledge, or has levied or pledged, general or special taxation other than described hereinabove. The City has covenanted for the benefit of the owners of the Bonds that it will commence and pursue to completion appropriate foreclosure actions in the event of delinquencies of any Special Tax installments levied for payment of principal and interest as more particularly set forth in the Agreement. The Bonds are subject to optional redemption prior to their stated maturity on any Interest Payment Date occurring on or after September 1, 2017, as a whole, or in part among maturities as provided in the Trust Agreement. This Obligation may be exchanged for Obligations in authorized denominations. This Obligation is transferable by the registered owner hereof, in person or by his attorney duly authorized in writing, at the Designated Office, but only in the manner, subject to the limitations and upon payment of the charges provided in the Trust Agreement and upon surrender and cancellation of this Obligation. Upon such transfer a new Obligation, for the principal amount remaining payable at maturity will be delivered to the transferee in exchange therefor. The City and the Trustee may treat the registered owner hereof as the absolute owner hereof for all purposes, whether or not this Obligation shall be overdue, and the City and the Trustee shall not be affected by any notice to the contrary. The Trustee may require a registered owner, among other things, to furnish appropriate endorsements and transfer documents and to pay any taxes or governmental charges required by law in connection with the exchange or transfer. The Trustee may, but shall not be obligated to, exchange or register the transfer of this Obligation (i) if this Obligation has been selected for prepayment, or (ii) during a period of fifteen (15) days preceding the giving of a notice of prepayment. If this Obligation is so transferred, any notice of prepayment which has been given to the transferor shall be binding on the transferee, and a copy of the notice of prepayment shall be delivered by the Trustee to the transferee along with the duly registered Obligation. The registered owner of this Obligation shall have no right to enforce the provisions of the Trust Agreement or the Purchase Agreement or to institute any action to enforce the covenants thereof, or to take any action with respect to a default thereunder or hereunder, or to institute, appear in or defend any suit or other proceedings with respect thereto, except as provided in the Trust Agreement. Principal represented by the Obligation is subject to optional prepayment, in whole or in part, on any date, at a redemption price (expressed as a percentage of the principal amount of the Bonds to be redeemed), as set forth below, together with accrued interest thereon to the date fixed for redemption: Redemption Dates Redemption Prices any Interest Payment Date from September 1, 2017 to and including March 1, 2024 103% September 1, 2024 and March 1, 2025 102 September 1, 2025 and March 1, 2026 101 September 1, 2026 and any Interest Payment Date thereafter 100 The Bonds maturing on September 1, , are subject to mandatory sinking payment redemption in part on September 1, and on each September 1 thereafter to maturity, by lot, at a redemption price equal to the principal amount thereof to be redeemedprepaid, together with accrued interest to the date fixed for redemptionprepayment, but without premium. Principal represented by this Obligation shall be prepaid on July 1 of the years indicated and in the amounts indicated at a price equal to the principal amount thereof to be prepaid plus interest accrued to the date of prepayment, but without premium, from sinking payments with the final principal amount of $ ,000 being paid on July 1, 20 : Year Prepaid Principal Amount Prepaid The Trustee shall give notice of any optional prepayment of this Obligation as follows: Redemption Dateprovided above no more than 60 nor less than 30 calendar days prior to the prepayment date to the registered owner at its address provided to the Trustee. A certificate of the Trustee shall conclusively establish the mailing of any such notice for all purposes. If at the time of mailing of the notice of prepayment there has not been deposited with the Trustee moneys or eligible securities sufficient to prepay and other requirements set forth in the Trust Agreement are not met, such notice shall state that it is conditional, subject to the deposit of moneys sufficient for the prepayment and satisfaction of such conditions. If the principal of the Obligations is subject to prepayment and if on the prepayment date moneys for the prepayment thereof are held by the Trustee and those other conditions are met, thereafter such principal to be prepaid shall cease to bear interest, and shall cease to be secured by, and shall not be deemed to be outstanding under, the Trust Agreement. The failure to receive any notice of prepayment, or any defect in such notice in respect of any Obligation, shall not affect the validity of prepayment of any Obligation. It is hereby certified, recited and declared that all conditions, acts and things required by the Constitution and laws of the State of Arizona to happen, to be done, to exist and to be performed precedent to and in the execution and delivery of this Obligation have happened, have been done, do exist and have been performed in regular and due form and time as required by law. This Obligation shall not be entitled to any security or benefit under the Trust Agreement until executed by the Trustee.

Appears in 1 contract

Samples: Third Trust Agreement

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Principal Amount. DOLLARS The THIS IS TO CERTIFY THAT the registered owner identified above, or registered assigns, as the registered owner of this Pledged Revenue Refunding Obligation, Series 2016 (this “Obligation”) is the owner of an undivided, participatory, proportionate interest in the right to receive certain “Payments” under and defined in that certain Second Purchase Agreement, dated as of 1, 2016 (the “Purchase Agreement”), by and between ........................................ ...........……....................……………… (the “Trustee”), and the City of Redwood CityAvondale, California Arizona, a municipal corporation under the laws of the State of Arizona (the “City”), for which Payments and on behalf other rights and interests under the Purchase Agreement are held by the Trustee in trust under that certain Second Trust Agreement, dated as of the City of Redwood City Community Facilities District No. 2010-1 (One Marina) 1, 2016 (the “DistrictTrust Agreement”), by and between the City and the Trustee. The Trustee maintains a corporate trust office for value receivedpayment and transfer of this Obligation (the “Designated Office”). * Included only while DTC is the Securities Depository. The registered owner of this Obligation is entitled to receive, hereby promises to pay solely from the Special Tax (as hereinafter defined) to be collected in the District or amounts in the funds and accounts held under the Agreement (as hereinafter defined), subject to the registered owner named above, or registered assignsterms of the Purchase Agreement, on the maturity payment date set forth above, unless redeemed prior thereto as hereinafter provided, the principal amount set forth above, representing a portion of the payments due designated as principal coming due and to pay receive semiannually on January 1 and July 1 of each year commencing 1, 20 (the “Interest Payment Dates”), until payment in full of said portion of principal or prepayment prior thereto, the registered owner’s proportionate share of the payments designated as interest coming due during the period commencing on such principal amount from the Bond Date shown above, or from last date on which interest was paid and ending on the most recent day prior to the Interest Payment Date (defined below) to which or, if no interest has been paid or duly provided forpaid, semiannually on March 1 and September 1, commencing March 1, 2017 (each, an “Interest Payment Date”), at from the Dated Date specified above. Said interest is the result of the multiplication of said principal by the interest rate per annum set forth above, until . Interest shall be calculated on the principal amount hereof is paid or made available for paymentbasis of a 360-day year composed of twelve (12) months of thirty (30) days each. The principal of this Bond is payable to Said amounts representing the registered owner hereof owner’s share of the Payments designated as interest and with respect to mandatory prepayment are payable in lawful money of the United States of America upon presentation and surrender of this Bond at the Principal Office (as defined in the Agreement referred to below) of U.S. Bank National Association (the “Fiscal Agent”). Interest on this Bond shall be paid by check of mailed when due by first class mail by the Fiscal Agent mailed on each Interest Payment Date Trustee to the registered owner hereof as of in whose name this Obligation is registered at the close of business on the 15th fifteenth (15th) day of the calendar month next preceding the month in which the Interest Payment Date occurs (at the “Record Date”) at such registered owner’s address thereof as it appears on the registration books for the Obligations maintained by the Fiscal Agent, Trustee. Said amounts representing the registered owner’s share of the Payments designated as principal are payable when due upon surrender of this Obligation at the Designated Office. Principal or (i) if the Bonds are in book-entry-only form, or (ii) otherwise upon written request filed with the Fiscal Agent prior interest payable to any Record Date by a registered owner of at least $1,000,000 or more in aggregate principal amount of Bonds, the series of obligations of which this Obligation is a part (the “Obligations”) may be paid by wire transfer in immediately available funds to the depository for the Bonds or to an account in the United States designated by such registered of America if the owner in such makes a written request, respectively. Interest on this Bond shall be payable from request of the Interest Payment Date next preceding Trustee at least twenty (20) days before the date of authentication hereof, unless (i) it is authenticated on an Interest Payment Date, in which event payment specifying the account address. The notice may provide that it shall bear interest remain in effect for such Interest Payment Date, subsequent payments until otherwise requested in a subsequent written notice. The Trustee has no obligation or (ii) such date of authentication is after a Record Date but on or prior to an Interest Payment Date, in which event interest will be payable from such Interest Payment Date, or (iii) such date of authentication is prior liability to the first Record Date, in which event interest will be payable from the Bond Date shown above; provided however, that if at the time of authentication of this Bond, interest is in default hereon, this Bond shall bear interest from the Interest Payment Date to which interest has previously been paid or made available for payment hereon. This Bond is one of a duly authorized issue of bonds in the aggregate principal amount of $__________ approved by a resolution registered owners of the City Council adopted on May 23Obligations for the payment of interest or principal represented by the Obligations. The Trustee’s sole obligations are to administer, 2016 (for the “Resolution”)benefit of the registered owners of the Obligations, the various funds and accounts established pursuant to provisions the Trust Agreement. (The recitals, statements, covenants and representations made in this Obligation shall be taken and construed as made by and on the part of the California Government Code (the “Act”) for the purpose of refunding the City of Redwood City Community Facilities District No. 2010-1 (One Marina) Special Tax Bonds, Series 2011, and is one of the series of Bonds designated “City of Redwood City Community Facilities District No. 2010-1 (One Marina) 2016 Special Tax Refunding Bonds” (the “Bonds”). The creation of the Bonds and the terms and conditions thereof are provided for in the Fiscal Agent Agreement, dated as of June 1, 2016, between the City, for and on behalf of not by the DistrictTrustee, and the Fiscal Agent (Trustee does not assume, and shall not have, any responsibility or obligation for the correctness of any thereof.) This Obligation has been executed and delivered by the Trustee pursuant to the terms of, and for the purposes described in, the Trust Agreement”) and this reference incorporates . The City is authorized to enter into the Resolution Purchase Agreement and the Trust Agreement herein, and by acceptance hereof the owner of this Bond assents to said terms and conditions. Pursuant to and as more particularly provided in the Agreement, additional bonds may be issued by the City from time to time secured by a lien on funds held under the Agreement on a parity with the lien securing the Bonds. The Agreement is authorized under and this Bond is issued under, and both are to be construed in accordance with, the laws of the State of California. The Bonds are not general obligations Arizona and by ordinance of the CityMayor and Council of the City adopted , but 2016 (the “Ordinance”). Reference is hereby made to the Purchase Agreement and the Trust Agreement (copies of which are limited on file at the Designated Office) for further definitions, the terms, covenants and provisions pursuant to which the Obligations are delivered, the rights thereunder of the registered owners of the Obligations, the terms under which the Trust Agreement or the Purchase Agreement may be modified or supplemented, the rights, duties and immunities of the Trustee and the security for, and the rights and obligations of the City under the Purchase Agreement (including with respect to certain obligations secured and to be secured on a parity lien basis with the security for the DistrictPayments and to certain limitations on such security), payable solely from to all of the revenues provisions of which Purchase Agreement and funds pledged therefor Trust Agreement the registered owner of this Obligation, by acceptance hereof, assents and agrees. (To the extent and in the manner permitted by the terms of the Trust Agreement, the provisions of the Trust Agreement and the Purchase Agreement may be amended by the parties thereto with the written consent of the owners of a majority in aggregate principal of all Obligations then outstanding, and may be amended without such consent under certain circumstances but in no event such that the interests of the owners of the Obligations are adversely affected, provided that no such amendment shall impair the right of any owner to receive in any case such owner’s proportionate share of any Payment thereof in accordance with such owner’s Obligation.) The obligation of the City to make the Payments does not represent or constitute a general obligation of the City for which the City is obligated to levy or pledge any form of taxation nor does the obligation to make the Payments under the Agreement. Neither the faith and credit nor the taxing power Purchase Agreement constitute an indebtedness of the City, the District State of Arizona or any of its political subdivisions within the meaning of any constitutional or statutory debt limitation or restriction or otherwise. Neither the Trustee nor the registered owners of the Obligations shall have any right under any circumstances to accelerate the payment dates of the Obligations or otherwise declare any of the Payments not then past due or in default to be immediately due and payable. (This Obligation represents an interest in a limited obligation of the City (as described herein), and no member of the Mayor and Council, officer or agent, as such, past, present or future, of the City shall be personally liable for the payment hereof.) The Obligations are executed and delivered only in fully registered form in denominations of $5,000 of principal represented by this Obligation due on a specific payment date or integral multiples thereof. The Obligations shall not be transferable or exchangeable, except as provided in the Trust Agreement. This Obligation may be exchanged for an Obligation or Obligations of aggregate payment amount in authorized denominations having the same payment date and interest rate. This Obligation is transferable by the registered owner hereof, in person or by his attorney duly authorized in writing, at the Designated Office, but only in the manner, subject to the extent of the Special Tax levy in the District, as set forth in the Agreement) or the State of California or any political subdivision thereof is pledged to the limitations and upon payment of the Bondscharges provided in the Trust Agreement and upon surrender and cancellation of this Obligation. Pursuant Upon such transfer a new Obligation or Obligations, of authorized denomination or denominations, for the aggregate principal amount will be delivered to the Acttransferee in exchange therefor. The City and the Trustee may treat the registered owner hereof as the absolute owner hereof for all purposes, whether or not this Obligation shall be overdue, and the AgreementCity and the Trustee shall not be affected by any notice to the contrary. The Trustee may require a registered owner, among other things, to furnish appropriate endorsements and transfer documents and to pay any taxes or governmental charges required by law in connection with the principal exchange or transfer. The registered owner of and interest on this Bond are payable solely from Obligation shall have no right to enforce the annual Special Tax authorized under provisions of the Xxxxx-Xxxx Community Facilities Act of 1982 Trust Agreement or the Purchase Agreement or to be collected within institute any action to enforce the District and certain funds held under covenants thereof, or to take any action with respect to a default thereunder or hereunder, or to institute, appear in or defend any suit or other proceedings with respect thereto, except as provided in the Trust Agreement. Any tax for Principal represented by the payment hereof shall Obligations payable before or on July 1, 2026, is not subject to prepayment. Principal represented by the Obligations payable on or after July 1, 2027, is subject to prepayment in such order and from such principal amounts payable as may be limited to the Special Tax, except to the extent that provision for payment has been made selected by the City, as may be permitted by law. The Bonds do not constitute obligations of the City for which said County is obligated to levy in whole or pledge, or has levied or pledged, general or special taxation other than described hereinabove. The City has covenanted for the benefit of the owners of the Bonds that it will commence and pursue to completion appropriate foreclosure actions in the event of delinquencies of any Special Tax installments levied for payment of principal and interest as more particularly set forth in the Agreement. The Bonds are subject to optional redemption prior to their stated maturity part on any Interest Payment Date occurring date on or after September July 1, 2017, as a whole, or in part among maturities as provided in the Agreement2026, at a redemption price (expressed as a percentage of the principal amount of the Bonds to be redeemed), as set forth below, together with accrued interest thereon to the date fixed for redemption: Redemption Dates Redemption Prices any Interest Payment Date from September 1, 2017 to and including March 1, 2024 103% September 1, 2024 and March 1, 2025 102 September 1, 2025 and March 1, 2026 101 September 1, 2026 and any Interest Payment Date thereafter 100 The Bonds maturing on September 1, , are subject to mandatory sinking payment redemption in part on September 1, and on each September 1 thereafter to maturity, by lot, at a redemption price equal to the principal amount thereof to be redeemedprepaid, together with accrued interest to the date fixed for redemption, prepayment but without premium. Principal represented by the Obligations payable on July 1, from sinking payments 20 , and July 1, 20 , shall be prepaid on July 1 of the years indicated and in the principal amounts indicated at a price equal to the amount thereof plus interest accrued to the date of prepayment, but without premium: Year Prepaid Principal Amount Prepaid Maturing July 1, 20 Maturing July 1, 20 $ ,000 $ ,000 ,000 ,000 Whenever Obligations are purchased, prepaid (other than because of mandatory prepayment) or are delivered by the City to the Trustee for cancellation, the principal amount represented thereby so retired shall satisfy and be credited against the mandatory prepayment requirements therefor for the same series in any order specified by the City. If less than all of the principal represented by the outstanding Obligations of any payment date are to be prepaid, the Obligations (or portions hereof) to be prepaid will be selected by the Trustee by lot or in any customary manner as follows: Redemption Datedetermined by the Trustee. Prepayments shall be in authorized denominations or any integral multiples thereof. The Trustee shall give notice of any prepayment of this Obligation as provided above no more than 60 or less than 30 calendar days prior to the prepayment date to the registered owner at its address shown on the registration books maintained by the Trustee. A certificate of the Trustee shall conclusively establish the mailing of any such notice for all purposes. If at the time of mailing of the notice of prepayment there has not been deposited with the Trustee moneys or eligible securities sufficient to prepay and other requirements set forth in the Trust Agreement are not met, such notice shall state that it is conditional, subject to the deposit of moneys sufficient for the prepayment and satisfaction of such conditions. If the portion of the principal represented by the Obligation is subject to prepayment and if on the prepayment date moneys for the prepayment thereof are held by the Trustee and those other conditions are met, thereafter such principal to be prepaid shall cease to bear interest, and shall cease to be secured by, and shall not be deemed to be outstanding under, the Trust Agreement. The failure to receive any notice of prepayment, or any defect in such notice in respect of any Obligation, shall not affect the validity of prepayment of any Obligation The Trustee may, but shall not be obligated to, exchange or register the transfer of this Obligation (i) if this Obligation has been selected for prepayment, or (ii) during a period of fifteen (15) days preceding the giving of a notice of prepayment. If this Obligation is so transferred, any notice of prepayment which has been given to the transferor shall be binding on the transferee, and a copy of the notice of prepayment shall be delivered by the Trustee to the transferee along with the duly registered Obligation. This Obligation shall not be entitled to any security or benefit under the Trust Agreement until executed by the Trustee.

Appears in 1 contract

Samples: Second Trust Agreement

Principal Amount. DOLLARS The City County of Redwood CityXxxxxxxx, California Minnesota (the “City”"Issuer"), for certifies that it is indebted and on behalf of the City of Redwood City Community Facilities District No. 2010-1 (One Marina) (the “District”), for value received, hereby received promises to pay solely from the Special Tax (as hereinafter defined) to be collected in the District or amounts in the funds and accounts held under the Agreement (as hereinafter defined), to the registered owner named specified above, or registered assigns, in the manner hereinafter set forth, the principal amount specified above, on the maturity date set forth specified above, unless redeemed prior thereto as hereinafter provided, the principal amount set forth abovecalled for earlier redemption, and to pay interest thereon semiannually on such February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing February 1, 2018, at the rate per annum specified above (calculated on the basis of a 360-day year of twelve 30-day months) until the principal amount from the sum is paid or has been provided for. This Bond Date shown above, or will bear interest from the most recent Interest Payment Date (defined below) to which interest has been paid or duly provided foror, semiannually on March 1 and September 1if no interest has been paid, commencing March 1, 2017 (each, an “Interest Payment Date”), at from the interest rate set forth above, until the principal amount hereof is paid or made available for paymentdate of original issue hereof. The principal of and premium, if any, on this Bond are payable upon presentation and surrender hereof at the principal office of Northland Trust Services, Inc., in Minneapolis, Minnesota (the "Bond Registrar"), acting as paying agent, or any successor paying agent duly appointed by the Issuer. Interest on this Bond will be paid on each Interest Payment Date by check or draft mailed to the person in whose name this Bond is registered (the "Holder" or "Bondholder") on the registration books of the Issuer maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any interest not so timely paid shall cease to be payable to the registered owner person who is the Holder hereof as of the Regular Record Date, and shall be payable to the person who is the Holder hereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given to Bondholders not less than ten days prior to the Special Record Date. The principal of and premium, if any, and interest on this Bond are payable in lawful money of the United States of America upon presentation America. So long as this Bond is registered in the name of the Depository or its Nominee as provided in the Resolution hereinafter described, and as those terms are defined therein, payment of principal of, premium, if any, and interest on this Bond and notice with respect thereto shall be made as provided in Letter of Representations, as defined in the Resolution, and surrender of this Bond at the Principal Office (as defined in the Agreement referred to below) of U.S. Bank National Association (the “Fiscal Agent”). Interest on this Bond shall not be paid by check required for payment of the Fiscal Agent mailed on each Interest Payment Date to the registered owner hereof as of the close of business on the 15th day of the month preceding the month in which the Interest Payment Date occurs (the “Record Date”) at such registered owner’s address as it appears on the registration books maintained by the Fiscal Agent, or (i) if the Bonds are in book-entry-only form, or (ii) otherwise redemption price upon written request filed with the Fiscal Agent prior to any Record Date by a registered owner of at least $1,000,000 in aggregate principal amount of Bonds, by wire transfer in immediately available funds to the depository for the Bonds or to an account in the United States designated by such registered owner in such written request, respectively. Interest on this Bond shall be payable from the Interest Payment Date next preceding the date of authentication hereof, unless (i) it is authenticated on an Interest Payment Date, in which event it shall bear interest for such Interest Payment Date, or (ii) such date of authentication is after a Record Date but on or prior to an Interest Payment Date, in which event interest will be payable from such Interest Payment Date, or (iii) such date of authentication is prior to the first Record Date, in which event interest will be payable from the Bond Date shown above; provided however, that if at the time of authentication partial redemption of this Bond. Until termination of the book-entry only system pursuant to the Resolution, interest is in default hereon, this Bond shall bear interest from the Interest Payment Date to which interest has previously been paid or made available for payment hereon. This Bond is one of a duly authorized issue of bonds Bonds may only be registered in the aggregate principal amount of $__________ approved by a resolution name of the City Council adopted on May 23, 2016 (the “Resolution”), pursuant to provisions of the California Government Code (the “Act”) for the purpose of refunding the City of Redwood City Community Facilities District No. 2010-1 (One Marina) Special Tax Bonds, Series 2011, and is one of the series of Bonds designated “City of Redwood City Community Facilities District No. 2010-1 (One Marina) 2016 Special Tax Refunding Bonds” (the “Bonds”). The creation of the Bonds and the terms and conditions thereof are provided for in the Fiscal Agent Agreement, dated as of June 1, 2016, between the City, for and on behalf of the District, and the Fiscal Agent (the “Agreement”) and this reference incorporates the Resolution and the Agreement herein, and by acceptance hereof the owner of this Bond assents to said terms and conditions. Pursuant to and as more particularly provided in the Agreement, additional bonds may be issued by the City from time to time secured by a lien on funds held under the Agreement on a parity with the lien securing the Bonds. The Agreement is authorized under and this Bond is issued under, and both are to be construed in accordance with, the laws of the State of California. The Bonds are not general obligations of the City, but are limited obligations of the City for the District, payable solely from the revenues and funds pledged therefor under the Agreement. Neither the faith and credit nor the taxing power of the City, the District (except to the extent of the Special Tax levy in the District, as set forth in the Agreement) Depository or the State of California or any political subdivision thereof is pledged to the payment of the Bonds. Pursuant to the Act, and the Agreement, the principal of and interest on this Bond are payable solely from the annual Special Tax authorized under the Xxxxx-Xxxx Community Facilities Act of 1982 to be collected within the District and certain funds held under the Agreement. Any tax for the payment hereof shall be limited to the Special Tax, except to the extent that provision for payment has been made by the City, as may be permitted by law. The Bonds do not constitute obligations of the City for which said County is obligated to levy or pledge, or has levied or pledged, general or special taxation other than described hereinabove. The City has covenanted for the benefit of the owners of the Bonds that it will commence and pursue to completion appropriate foreclosure actions in the event of delinquencies of any Special Tax installments levied for payment of principal and interest as more particularly set forth in the Agreement. The Bonds are subject to optional redemption prior to their stated maturity on any Interest Payment Date occurring on or after September 1, 2017, as a whole, or in part among maturities as provided in the Agreement, at a redemption price (expressed as a percentage of the principal amount of the Bonds to be redeemed), as set forth below, together with accrued interest thereon to the date fixed for redemption: Redemption Dates Redemption Prices any Interest Payment Date from September 1, 2017 to and including March 1, 2024 103% September 1, 2024 and March 1, 2025 102 September 1, 2025 and March 1, 2026 101 September 1, 2026 and any Interest Payment Date thereafter 100 The Bonds maturing on September 1, , are subject to mandatory sinking payment redemption in part on September 1, and on each September 1 thereafter to maturity, by lot, at a redemption price equal to the principal amount thereof to be redeemed, together with accrued interest to the date fixed for redemption, without premium, from sinking payments as follows: Redemption Dateits Nominee.

Appears in 1 contract

Samples: Agreement

Principal Amount. DOLLARS The City Under and by virtue of Redwood Citythe Refunding Act of 1984 for 1915 Improvement Act Bonds, Division 11.5 of the Streets and Highways Code of California (the “CityAct”), for and on behalf the County of the City Orange, State of Redwood City Community Facilities District No. 2010-1 (One Marina) California (the “DistrictCounty”), will, out of the redemption fund for value receivedthe payment of the bonds issued upon the unpaid portion of reassessments made for the refunding bonds more fully described in proceedings taken pursuant to Resolution No. adopted by the Board of Supervisors of the County on , hereby promises to 2017, pay solely from the Special Tax (as hereinafter defined) to be collected in the District or amounts in the funds and accounts held under the Agreement (as hereinafter defined), to the registered owner named above, Registered Owner identified above or registered assignsassigns (the “Registered Owner”), on the maturity date set forth above, unless redeemed prior thereto as hereinafter providedMaturity Date identified above or on any earlier redemption date, the principal amount set forth above, and to pay interest on such principal amount from the Bond Date shown above, or from the most recent Interest Payment Date (defined below) to which interest has been paid or duly provided for, semiannually on March 1 and September 1, commencing March 1, 2017 (each, an “Interest Payment Date”), at the interest rate set forth above, until the principal amount hereof is paid or made available for payment. The principal of this Bond is payable to the registered owner hereof Principal Amount identified above in lawful money of the United States of America upon presentation America; and surrender of this Bond to pay interest at the Principal Office (as defined Rate of Interest identified above in like lawful money from the Agreement referred to below) of U.S. Bank National Association date hereof payable semiannually on March 2 and September 2 in each year, commencing [March 2], 2018 (the “Fiscal AgentInterest Payment Dates)) until payment of such Principal Amount in full. Interest on this This Bond shall be paid by check of the Fiscal Agent mailed on each Interest Payment Date to the registered owner hereof as of the close of business on the 15th day of the month preceding the month in which the Interest Payment Date occurs (the “Record Date”) at such registered owner’s address as it appears on the registration books maintained by the Fiscal Agent, or (i) if the Bonds are in book-entry-only form, or (ii) otherwise upon written request filed with the Fiscal Agent prior to any Record Date by a registered owner of at least $1,000,000 in aggregate principal amount of Bonds, by wire transfer in immediately available funds to the depository for the Bonds or to an account in the United States designated by such registered owner in such written request, respectively. Interest on this Bond shall be payable bear interest from the Interest Payment Date next preceding the date of authentication hereof, of this Bond (unless (i) it this Bond is authenticated on or before an Interest Payment Date and after the fifteenth calendar day of the month preceding such Interest Payment Date, in which event it shall bear interest for such Interest Payment Date, or (ii) such date of authentication is after a Record Date but on or prior to an Interest Payment Date, in which event interest will be payable from such Interest Payment Date, or (iii) such date of authentication unless this Bond is authenticated on or prior to the first Record Date[February 15], 2018, in which event it shall bear interest will be payable from the Bond Dated Date shown identified above; provided provided, however, that if if, at the time of authentication of this Bond, interest is in default hereonon this Bond, this Bond shall bear interest from the Interest Payment Date to which interest hereon has previously been paid or made available for payment hereonpayment). The Principal Amount hereof is payable upon surrender hereof upon maturity or earlier redemption at the designated corporate trust office (the “Trust Office”) of U.S. Bank National Association, as Trustee (the “Trustee”). Interest hereon is payable by check of the Trustee mailed by first class mail or wire transfer on each Interest Payment Date to the Registered Owner hereof at the address of the Registered Owner as it appears on the Registration Books of the Trustee as of the close of business on the fifteenth calendar day of the month preceding such Interest Payment Date. This Bond shall not be entitled to any benefit under the Act, the Resolution authorizing the issuance of the bonds, adopted by the Board of Supervisors of the County on , 2017 (the “Resolution of Issuance”) or the Indenture of Trust, dated as of January 1, 2018 (the “Indenture”), by and between the County and the Trustee, executed pursuant to the Resolution of Issuance, or become valid or obligatory for any purpose, until the certificate of authentication hereon shall have been dated and signed by the Trustee. Capitalized undefined terms used in this Bond shall have the meanings ascribed thereto in the Indenture. This Bond is one of a duly authorized issue several series of bonds in the aggregate principal amount of $__________ approved by a resolution of the City Council adopted on May 23, 2016 (the “Resolution”), pursuant to provisions of the California Government Code (the “Act”) for the purpose of refunding the City of Redwood City Community Facilities Reassessment District No. 201017-1 1R (One MarinaNewport Coast Phase IV) Special Tax Bonds, Series 2011, and is one of the series of Limited Obligation Improvement Refunding Bonds designated “City of Redwood City Community Facilities District No. 2010-1 (One Marina) 2016 Special Tax Refunding Bonds” (the “Bonds”). The creation ) of like date, tenor and effect, but differing in amounts, maturities and interest rates, issued by said County under the Act and the Indenture for the purpose of providing means for paying for the refunding of the Prior Bonds and the terms and conditions thereof are provided for in the Fiscal Agent Agreement, dated as of June 1, 2016, between the City, for and on behalf of the District, and the Fiscal Agent (the “Agreement”) and this reference incorporates the Resolution and the Agreement herein, and by acceptance hereof the owner of this Bond assents to said terms and conditions. Pursuant to and as more particularly provided described in said proceedings, and is secured by the moneys in the Agreement, additional bonds redemption fund (as may be issued limited by the City from time to time secured Indenture) and by a lien on funds held under the Agreement on a parity with the lien securing the Bonds. The Agreement is authorized under and this Bond is issued under, and both are to be construed in accordance with, the laws unpaid portion of the State of California. The Bonds are not general obligations of the City, but are limited obligations of the City said reassessments made for the District, payable solely from the revenues and funds pledged therefor under the Agreement. Neither the faith and credit nor the taxing power of the City, the District (except to the extent of the Special Tax levy in the District, as set forth in the Agreement) or the State of California or any political subdivision thereof is pledged to the payment of the Bondssaid refunding, and, including principal and interest, is payable exclusively out of said fund. Pursuant Reference is hereby made to the Act, Indenture and the Agreement, the principal of and interest on this Bond are payable solely from the annual Special Tax authorized under the Xxxxx-Xxxx Community Facilities Act of 1982 to be collected within the District and certain funds held under the Agreement. Any tax all agreements supplemental thereto for the payment hereof shall be limited to the Special Tax, except to the extent that provision for payment has been made by the City, as may be permitted by law. The Bonds do not constitute obligations a description of the City for which said County is obligated to levy or pledge, or has levied or pledged, general or special taxation other than described hereinabove. The City has covenanted for the benefit rights thereunder of the owners of the Bonds Bonds, of the nature and extent of the Reassessments (as that it will commence and pursue to completion appropriate foreclosure actions term is defined in the event Indenture), of delinquencies the rights, duties and immunities of the Trustee and of the rights and obligations of the County thereunder; and all of the terms of the Indenture are hereby incorporated herein and constitute a contract between the County and the Registered Owner hereof, and to all of the provisions of which Agreement the Registered Owner hereof, by acceptance hereof, assents and agrees. The Bonds shall be subject to optional redemption in whole or in part, on any date on or after September 2, 20 , at a redemption price equal to the principal amount of the Bonds to be redeemed, plus accrued interest thereon to the date of redemption. The Bonds shall be subject to mandatory redemption, in whole or in part, by lot, on any Interest Payment Date, from and to the extent of any Special Tax installments levied for payment prepayments of principal and interest of the Reassessments as more particularly set forth in the Agreement. The Bonds are subject to optional redemption prior to their stated maturity on any Interest Payment Date occurring on or after September 1, 2017, as a whole, or in part among maturities as provided in the AgreementIndenture, at a the following respective redemption price prices (expressed as a percentage percentages of the principal amount of the Bonds to be redeemed), as set forth below, together with plus accrued interest thereon to the date fixed for of redemption: . March 2, 2026 103% September 2, 2026 and March 2, 2027 102 September 2, 2027 and March 2, 2028 101 September 2, 2028 and thereafter 100 Redemption Dates Redemption Prices any Price Any Interest Payment Date from September 1, 2017 through The Trustee on behalf and at the expense of the County shall mail (by first class mail) notice of any redemption to and including March 1, 2024 103% September 1, 2024 and March 1, 2025 102 September 1, 2025 and March 1, 2026 101 September 1, 2026 and the respective owners of any Interest Payment Date thereafter 100 The Bonds maturing on September 1, , are subject to mandatory sinking payment redemption in part on September 1, and on each September 1 thereafter to maturity, by lotdesignated for redemption, at a their respective addresses appearing on the Registration Books maintained by the Trustee, at least 20 but not more than 60 days prior to the redemption date; provided, however, that neither failure to receive any such notice so mailed nor any defect therein shall affect the validity of the proceedings for the redemption of such Bonds or the cessation of the accrual of interest thereon. The redemption price equal to of the principal amount thereof Bonds to be redeemed, together with accrued interest to redeemed shall be paid only upon presentation and surrender thereof at the Trust Office of the Trustee. From and after the date fixed for redemptionredemption of any Bonds, interest on such Bonds will cease to accrue. The Bonds are issuable as fully registered Bonds without coupons in denominations of $5,000 or any integral multiple thereof. Subject to the limitations and upon payment of the charges, if any, provided in the Indenture, fully registered Bonds may be exchanged at the Trust Office of the Trustee for a like aggregate principal amount and maturity of fully registered Bonds of other authorized denominations. This Bond is transferable by the Registered Owner hereof, in person or by his attorney duly authorized in writing, at the Trust Office of the Trustee, but only in the manner, subject to the limitations and upon payment of the charges provided in the Indenture, and upon surrender and cancellation of this Bond. Upon such transfer a new fully registered Bond or Bonds, of authorized denomination or denominations, for the same aggregate principal amount and of the same maturity will be issued to the transferee in exchange herefor. The County and the Trustee may treat the Registered Owner hereof as the absolute owner hereof for all purposes, and the County and the Trustee shall not be affected by any notice to the contrary. The Indenture and the rights and obligations of the County and of the owners of the Bonds and of the Trustee may be modified or amended from time to time and at any time in the manner, to the extent, and upon the terms provided in the Indenture; provided that no such modification or amendment shall (a) extend the maturity of or reduce the interest rate on any Bond or the amount of principal thereof without the express written consent of the owner of such Bond, (b) reduce the percentage of Bonds required for the written consent to any such amendment or modification, or (c) permit the creation of any lien on the Reassessments and other assets pledged under the Indenture, or deprive the Bond Owners of the lien created under the Indenture on the Reassessments and such other assets, without premiumthe consent of the owners of all outstanding Bonds. The Bonds are Limited Obligation Refunding Bonds because, under the Indenture, the County is not obligated to advance funds from the County treasury to cure any deficiency which may occur in the redemption fund for the Bonds; provided, however, the County is not prevented, in its sole discretion, from sinking payments as follows: Redemption Dateadvancing funds. This Bond shall not be entitled to any benefit under the Indenture or become valid or obligatory for any purpose, until the certificate of authentication hereon shall have been manually signed by the Trustee.

Appears in 1 contract

Samples: Indenture of Trust

Principal Amount. DOLLARS The City BELVEDERE PUBLIC FINANCING AUTHORITY, a joint powers authority organized and existing under the laws of Redwood City, the State of California (the “City”), for and on behalf of the City of Redwood City Community Facilities District No. 2010-1 (One Marina) (the “DistrictAuthority”), for value received, hereby promises to pay solely from (but only out of the Special Tax (as Revenues and other funds hereinafter definedreferred to) to be collected in the District or amounts in the funds and accounts held under the Agreement (as hereinafter defined), to the registered owner named above, Registered Owner identified above or registered assignsassigns (the “Registered Owner”), on the maturity date set forth above, unless redeemed Maturity Date identified above (subject to any right of prior thereto as redemption hereinafter providedmentioned), the principal amount set forth above, and to pay interest on such principal amount from the Bond Date shown above, or from the most recent Interest Payment Date (defined below) to which interest has been paid or duly provided for, semiannually on March 1 and September 1, commencing March 1, 2017 (each, an “Interest Payment Date”), at the interest rate set forth above, until the principal amount hereof is paid or made available for payment. The principal of this Bond is payable to the registered owner hereof Principal Amount identified above in lawful money of the United States of America upon presentation America; and surrender of this Bond to pay interest thereon at the Principal Office (as defined Interest Rate identified above in the Agreement referred to below) of U.S. Bank National Association (the “Fiscal Agent”). Interest on this Bond shall be paid by check of the Fiscal Agent mailed on each Interest Payment Date to the registered owner hereof as of the close of business on the 15th day of the month preceding the month in which the Interest Payment Date occurs (the “Record Date”) at such registered owner’s address as it appears on the registration books maintained by the Fiscal Agent, or (i) if the Bonds are in book-entry-only form, or (ii) otherwise upon written request filed with the Fiscal Agent prior to any Record Date by a registered owner of at least $1,000,000 in aggregate principal amount of Bonds, by wire transfer in immediately available funds to the depository for the Bonds or to an account in the United States designated by such registered owner in such written request, respectively. Interest on this Bond shall be payable like money from the Interest Payment Date (as hereinafter defined) next preceding the date of authentication hereof, of this Bond (unless (i) it this Bond is authenticated on or before an Interest Payment Date and after the fifteenth calendar day of the month preceding such Interest Payment Date, in which event it shall bear interest for such Interest Payment Date, or (ii) such date of authentication is after a Record Date but on or prior to an Interest Payment Date, in which event interest will be payable from such Interest Payment Date, or (iii) such date of authentication unless this Bond is authenticated on or prior to the first Record DateJanuary 16, 2016, in which event it shall bear interest will be payable from the Bond Dated Date shown identified above; provided provided, however, that if if, at the time of authentication of this Bond, interest is in default hereonon this Bond, this Bond shall bear interest from the Interest Payment Date to which interest hereon has previously been paid or made available for payment), payable semiannually on September 2 and March 2 in each year, commencing March 2, 2017 (the “Interest Payment Dates”) until the Maturity Date stated above or date of redemption of this Bond. The Principal Amount hereof is payable upon presentation and surrender hereof at the Principal Office (as defined in the Indenture) of U.S. Bank National Association, as trustee (the “Trustee”). Interest hereon is payable by check of the Trustee mailed by first class mail on each Interest Payment Date to the Registered Owner hereof at the address of the Registered Owner as it appears on the registration books of the Trustee as of the 15th calendar day of the month preceding such Interest Payment Date, whether or not such day is a Business Day; provided, however, that payment of interest may be made by wire transfer to an account in the United States of America to any registered owner of Bonds in the aggregate principal amount of $1,000,000 or more upon written instructions of any such registered owner filed with the Trustee for that purpose as of the close of business on the 15th calendar day of the month preceding such Interest Payment Date. This Bond is a limited obligation of the Authority, payable solely from the Revenues and funds pledged under the Indenture (as defined below). This Bond is not a debt of the City of Belvedere (the “City”) or the State of California or any of its political subdivisions (except the Authority and only to the extent set forth in the Indenture), and none of the City, said State or any of its political subdivisions is liable hereon. The Authority has no taxing power. This Bond is one of a duly authorized issue of bonds of the Authority designated the “Belvedere Public Financing Authority 2016 Revenue Bonds” (the “Bonds”), limited in the aggregate principal amount of to $__________ approved ____, secured by a resolution an Indenture of the City Council adopted on May 23Trust dated as of July 1, 2016 (the “ResolutionIndenture”), pursuant by and between the Authority and the Trustee. Reference is hereby made to the Indenture and all indentures supplemental thereto for a description of the rights thereunder of the owners of the Bonds, of the nature and extent of the Revenues (as that term is defined in the Indenture), of the rights, duties and immunities of the Trustee and of the rights and obligations of the Authority thereunder; and all of the terms of the Indenture are hereby incorporated herein and constitute a contract between the Authority and the Registered Owner hereof, and to all of the provisions of which Indenture the California Registered Owner hereof, by acceptance hereof, assents and agrees. The Bonds are authorized to be issued under the Xxxxx-Xxxx Local Bond Pooling Act of 1985, as amended, constituting Article 4 (commencing with Section 6584) of Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California (the “Act”) for the purpose of refunding the City of Redwood City Community Facilities District No. 2010-1 (One Marina) Special Tax Bonds, Series 2011, and is one of the series of Bonds designated “City of Redwood City Community Facilities District No. 2010-1 (One Marina) 2016 Special Tax Refunding Bonds” (the “Bonds”). The creation of the Bonds and the terms and conditions thereof are provided for in the Fiscal Agent Agreement, dated as of June 1, 2016, between the City, for and on behalf of the District, and the Fiscal Agent (the “Agreement”) and this reference incorporates the Resolution and the Agreement herein, and by acceptance hereof the owner of this Bond assents to said terms and conditions. Pursuant to and as more particularly provided in the Agreement, additional bonds may be issued by the City from time to time secured by a lien on funds held under the Agreement on a parity with the lien securing the Bonds. The Agreement is authorized under and this Bond is issued under, and both are to be construed in accordance with, the laws of the State of California. The Bonds are not general obligations of the City, but are limited obligations of the City for Authority and, as and to the Districtextent set forth in the Indenture, are payable solely from the revenues and funds pledged therefor under the Agreement. Neither the faith secured by a first lien on and credit nor the taxing power pledge of the CityRevenues and certain other funds held by the Trustee as provided in the Indenture. The Revenues and such other funds constitute a trust fund for the security and payment of the principal of and interest on the Bonds, the District (except to the extent otherwise provided in the Indenture. The full faith and credit of the Special Tax levy in the District, as set forth in the Agreement) or the State of California or any political subdivision thereof Authority is not pledged to the payment of the principal of or interest or redemption premiums (if any) on the Bonds. Pursuant The Bonds are not secured by a legal or equitable pledge of, or charge, lien or encumbrance upon, any of the property of the Authority or any of its income or receipts, except the Revenues and such other funds as provided in the Indenture. The Bonds have been issued to provide funds to purchase limited obligation refunding improvement bonds (the “Local Obligations”) being simultaneously issued by the City of Belvedere (the “City”), and to pay the costs of issuing the Bonds and the Local Obligations. The City will apply the net proceeds received from the sale of the Local Obligations to the ActAuthority toward the defeasance and refunding of assessment bonds previously issued by the City. The obligation of the City to make payments of principal and interest on the Local Obligations is a limited obligation secured only as set forth therein. The Bonds maturing on or before September 2, 20__, are not subject to optional call and redemption prior to maturity. The Bonds maturing on and after September 2, 20__, are subject to optional call and redemption prior to maturity, as a whole or in part among such maturities as are selected by the AgreementAuthority and by lot within a maturity, on any date on or after September 2, 20__, from funds derived by the Authority from any source, at a redemption price equal to the principal amount of the Bonds to be optionally redeemed, together with accrued interest thereon to the date fixed for redemption, without premium. The Authority shall deliver to the Trustee a certificate of an Independent Accountant verifying that, following such optional prepayment of the Local Obligations and redemption of Bonds, the principal of and interest on this Bond are payable solely generated from the annual Special Tax authorized under remaining Local Obligations is adequate to make the Xxxxx-Xxxx Community Facilities Act of 1982 to be collected within the District and certain funds held under the Agreement. Any tax for the payment hereof shall be limited to the Special Tax, except to the extent that provision for payment has been made by the City, as may be permitted by law. The Bonds do not constitute obligations of the City for which said County is obligated to levy or pledge, or has levied or pledged, general or special taxation other than described hereinabove. The City has covenanted for the benefit of the owners of the Bonds that it will commence and pursue to completion appropriate foreclosure actions in the event of delinquencies of any Special Tax installments levied for timely payment of principal and interest as more particularly set forth in due on the AgreementBonds that will remain Outstanding hereunder following such optional redemption. The Bonds are subject to optional mandatory call and redemption prior to their stated maturity maturity, as a whole or in part among such maturities as are selected by the Authority and by lot within a maturity, on any Interest Payment Date occurring on or after September 12, 201720__, as a whole, or in part among maturities as provided in from amounts received by the AgreementAuthority due to the redemption of Local Obligations from the prepayment of Reassessments, at a redemption price (expressed as a percentage of the principal amount of the Bonds to be redeemed), as set forth below, together with accrued interest thereon to the date fixed for redemption: Redemption Dates Date Redemption Prices any Interest Payment Date from Price September 12, 2017 to and including 20__, through March 12, 2024 20__ 103% September 12, 2024 20__, and March 12, 2025 20__ 102 September 12, 2025 20__, and March 12, 2026 20__ 101 September 12, 2026 and 20__, any Interest Payment Date thereafter 100 The Authority shall deliver to the Trustee a certificate of an Independent Accountant verifying that, following such mandatory prepayment of the Local Obligations and redemption of Bonds, the principal and interest generated from the remaining Local Obligations is adequate to make the timely payment of principal and interest due on the Bonds that will remain Outstanding hereunder following such mandatory redemption. The Bonds maturing on September 12, 20__ (the “20__ Term Bonds”), are subject to mandatory sinking payment redemption in part on September 12, 20__, and on each September 1 2 thereafter to maturity, by lot, at a redemption price equal to the principal amount thereof to be redeemed, together with accrued interest to the date fixed for redemption, without premium, from sinking payments as follows: 20__ Term Bonds Redemption DateDate Sinking

Appears in 1 contract

Samples: Fiscal Agent Agreement

Principal Amount. DOLLARS The City COACHELLA WATER AUTHORITY, a joint exercise of Redwood City, powers authority duly organized and existing under the laws of the State of California (the “City”), for and on behalf of the City of Redwood City Community Facilities District No. 2010-1 (One Marina) (the “DistrictAuthority”), for value received, hereby promises to pay solely from the Special Tax (as hereinafter defined) to be collected in the District or amounts in the funds and accounts held under the Agreement (as hereinafter defined), to the registered owner Registered Owner named above, above or registered assignsassigns (the “Owner”), on the maturity date set forth above, unless redeemed Maturity Date stated above (subject to any right of prior thereto as redemption hereinafter providedprovided for), the principal amount set forth above, and to pay interest on such principal amount from the Bond Date shown above, or from the most recent Interest Payment Date (defined below) to which interest has been paid or duly provided for, semiannually on March 1 and September 1, commencing March 1, 2017 (each, an “Interest Payment Date”), at the interest rate set forth above, until the principal amount hereof is paid or made available for payment. The principal of this Bond is payable to the registered owner hereof Principal Amount stated above in lawful money of the United States of America upon presentation America, and surrender of this Bond at to pay interest thereon in like lawful money from the Principal Office February 1 or August 1 (as defined in the Agreement referred to below) of U.S. Bank National Association (the each an Fiscal Agent”). Interest on this Bond shall be paid by check of the Fiscal Agent mailed on each Interest Payment Date to the registered owner hereof as of the close of business on the 15th day of the month preceding the month in which the Interest Payment Date occurs (the “Record Date”) at such registered owner’s address as it appears on the registration books maintained by the Fiscal Agent, or (i) if the Bonds are in book-entry-only form, or (ii) otherwise upon written request filed with the Fiscal Agent prior to any Record Date by a registered owner of at least $1,000,000 in aggregate principal amount of Bonds, by wire transfer in immediately available funds to the depository for the Bonds or to an account in the United States designated by such registered owner in such written request, respectively. Interest on this Bond shall be payable from the Interest Payment Date next preceding the date of authentication hereof, unless (i) it said date of authentication is authenticated on an Interest Payment Date, in which event it shall bear such interest for is payable from such Interest Payment Datedate of authentication, or (ii) such and unless said date of authentication is after a Record Date but on or prior to an Interest Payment Datebefore 15, 20 , in which event such interest will be payable from such Interest Payment Date, or (iii) such date of authentication is prior to the first Record Date, in which event interest will be payable from the Bond Dated Date shown stated above; provided provided, however, that if at the time of authentication of this Bond, interest is in default hereonon this Bond, this Bond shall bear interest from the Interest Payment Date date to which interest has previously been paid or made available for payment hereonon this Bond in full at the Interest Rate per annum stated above, payable semiannually on each Interest Payment Date, commencing 1, 20 . The principal amount of this Bond is payable at the principal corporate trust office of Wilmington Trust, National Association, as trustee (the “Trustee”), in Costa Mesa, California, or at such office as the Trustee may designate, upon presentation and surrender of this Bond to the Trustee. Payment of the interest on this Bond will be made to the person whose name appears on the bond registration books of the Trustee as the Owner thereof as of the fifteenth day of the month immediately preceding an Interest Payment Date whether or not said day is a business day (the “Record Date”), such interest to be paid by check mailed on the Interest Payment Date to the Owner or, at the option of any Owner of at least $1,000,000 aggregate principal amount of Bonds and upon written notice received by the Trustee prior to the Record Date, by wire transfer, at the Owner’s address as it appears on such bond registration books or to such account as shall have been identified by the Owner in the notice requesting payment by wire transfer. Any such interest not so punctually paid or duly provided for shall forthwith cease to be payable to the Owner on such Record Date and shall be paid to the person in whose name the Bond is registered at the close of business on a special record date for the payment of such defaulted interest to be fixed by the Trustee, notice whereof being given to the Owners not less than ten (10) days prior to such special record date. Capitalized terms used herein and not otherwise defined are used with the meanings ascribed to them in the Indenture (as hereinafter defined). This Bond is one of a duly authorized issue of bonds in the aggregate principal amount of $__________ approved by a resolution of the City Council adopted on May 23, 2016 (the “Resolution”), pursuant to provisions of the California Government Code (the “Act”) for the purpose of refunding the City of Redwood City Community Facilities District No. 2010-1 (One Marina) Special Tax Bonds, Series 2011, and is one of the series of Bonds of various maturities designated as City of Redwood City Community Facilities District No. 2010-1 (One Marina) 2016 Special Tax Coachella Water Authority Water Revenue Refunding Bonds, [2022A][2022B] Series” (the “Bonds”), issued in the aggregate principal amount of $ all of like tenor (except for such variations, if any, as may be required to designate varying numbers, maturities, interest rates or redemption provisions), issued under and pursuant to an Indenture of Trust (the “Indenture”) by and between the Authority and the Trustee, dated as of [February][May] 1, 2022, approved by the Authority by Resolution No. The creation 2020.001, adopted by the Board of Directors of the Authority on , 2022, under and pursuant to the provisions of Articles 1 through 4 (commencing with section 6500) of Chapter 5 of Division 7 of Title 1 of the California Government Code. A copy of the Indenture is on file at the office of the Trustee, and reference to the Indenture and any and all supplements thereto and modifications and amendments thereof and to the Bond Law is made for a description of the terms on which the Bonds are issued, the provisions with regard to the nature and extent of the Net Revenues, as that term is defined in the Indenture, and the rights of the Owners of the Bonds. All the terms of the Indenture and the Bond Law are hereby incorporated herein and constitute a contract between the Authority and the Owners from time to time of this Bond, and to all the provisions thereof the Owner of this Bond, by his acceptance hereof, consents and agrees. Each taker and subsequent Owner hereof shall have recourse to all of the provisions of the Bond Law and the Indenture and shall be bound by all of the terms and conditions thereof thereof. The Bonds are provided for in issued to (a) refund certain obligations of the Fiscal Agent AgreementAuthority, dated as (b) finance certain improvements to the Enterprise, (c) purchase a municipal bond insurance policy, and (c) pay the costs of June 1, 2016, between issuance of the Bonds. The Bonds are payable from the net revenues (the “Net Revenues”) of the City’s combined water enterprise (the “Enterprise”), for derived primarily from charges and on behalf revenues received by the Authority from or attributable to the lease and operation of the DistrictEnterprise, less the costs of the operation and maintenance of the Enterprise, and the Fiscal Agent (Net Revenues are pledged, as a first and prior lien thereon, to pay the “Agreement”) principal of and this reference incorporates the Resolution and the Agreement hereinpremium, if any, and interest on the Bonds, and any parity obligations hereafter issued or incurred by acceptance hereof the owner Authority in accordance with the Indenture. Additional series of this Bond assents to said terms and conditions. Pursuant to and as more particularly provided in bonds payable from the Agreement, additional bonds Net Revenues may be issued by the City from time to time secured by a lien on funds held under the Agreement on a parity with the lien securing Bonds, but only subject to the conditions and limitations contained in the Indenture. The principal or redemption price of and interest on the Bonds are payable solely from the Net Revenues, and the Authority is not obligated to pay the Bonds except from the Net Revenues. The general fund of the Authority is not liable, and the full faith and credit or taxing power of the Authority is not pledged, for the payment of the principal or redemption price of and interest on the Bonds. The Agreement is authorized under Bonds are not secured by a legal or equitable pledge of, or charge, lien or encumbrance upon, any of the property of the Authority or any of its income or receipts, except the Net Revenues. The Authority covenants that, so long as any of the Bonds are outstanding, it will fix, prescribe and collect charges so as to yield Net Revenues at least equal to the amounts thereof prescribed by the Indenture and sufficient to pay the principal or redemption price of and interest on the Bonds in accordance with the provisions of the Indenture. The Bonds shall be subject to redemption as set forth in the Indenture. As provided in the Indenture, notice of redemption shall be given by first class mail not less than twenty (20) days prior to the redemption date to the respective registered Owners of the Bonds designated for redemption at their addresses appearing on the bond registration books, but no defect in the notice so mailed shall affect the sufficiency of the proceedings for redemption. If this Bond is issued undercalled for redemption and payment is duly provided therefor as specified in the Indenture, interest shall cease to accrue hereon from and after the date fixed for redemption. If an Event of Default, as defined in the Indenture, shall occur, the principal of all Bonds may be declared due and payable upon the conditions, in the manner and with the effect provided in the Indenture, but such declaration and its consequences may be rescinded and annulled as further provided in the Indenture. This Bond is transferable, as provided in the Indenture, only upon the books of the Authority kept for that purpose at the office of the Trustee, by the Owner hereof in person, or by his attorney duly authorized in writing, upon the surrender of this Bond together with a written instrument of transfer satisfactory to the Trustee duly executed by the registered Owner or his attorney duly authorized in writing, and both are thereupon a new Bond or Bonds, without coupons, and in the same aggregate principal amount and of the same maturity, shall be issued to be construed the transferee in accordance withexchange herefor, as provided in the Indenture, and upon the payment of charges, if any, including, after the first exchange, the cost of preparing new Bonds therein prescribed. The rights and obligations of the Authority and of the Owners of the Bonds may be modified or amended at any time in the manner, to the extent and upon the terms provided in the Indenture. No such modification or amendment shall permit a change in the terms of redemption or maturity of the principal of any outstanding Bond or of any installment of interest thereon or a reduction in the principal amount or the redemption price thereof or in the rate of interest thereon without the consent of the Owner of such Bond, or shall reduce the percentages or otherwise affect the classes of Bonds, the consent of the Owners of which is required to effect any such modification or amendment, all as more fully set forth in the Indenture. It is hereby certified that all of the conditions, things and acts required to exist, to have happened or to have been performed precedent to and in the issuance of this Bond do exist, have happened or have been performed in due time, form and manner as required by law and that the amount of this Bond, together with all other indebtedness of the Authority, does not exceed any limit prescribed by the Constitution or laws of the State of California. The Bonds are , and is not general obligations in excess of the City, but are limited obligations amount of the City for the District, payable solely from the revenues and funds pledged therefor Bonds permitted to be issued under the AgreementIndenture. Neither the faith and credit nor the taxing power Unless this Bond is presented by an authorized representative of the CityThe Depository Trust Company, the District a New York corporation (except “DTC”), to the extent issuer or its agent for registration of the Special Tax levy transfer, exchange, or payment, and any Bond issued is registered in the District, as set forth in the Agreement) or the State name of California or any political subdivision thereof is pledged to the payment of the Bonds. Pursuant to the Act, and the Agreement, the principal of and interest on this Bond are payable solely from the annual Special Tax authorized under the Xxxxx-Xxxx Community Facilities Act of 1982 to be collected within the District and certain funds held under the Agreement. Any tax for the payment hereof shall be limited to the Special Tax, except to the extent that provision for payment has been made by the City, as may be permitted by law. The Bonds do not constitute obligations of the City for which said County is obligated to levy or pledge, or has levied or pledged, general or special taxation other than described hereinabove. The City has covenanted for the benefit of the owners of the Bonds that it will commence and pursue to completion appropriate foreclosure actions in the event of delinquencies of any Special Tax installments levied for payment of principal and interest as more particularly set forth in the Agreement. The Bonds are subject to optional redemption prior to their stated maturity on any Interest Payment Date occurring on or after September 1, 2017, as a whole, Cede & Co. or in part among maturities such other name as provided in the Agreement, at a redemption price is requested by an authorized representative of DTC (expressed and any payment is made to Cede & Co. or to such other entity as a percentage is requested by an authorized representative of the principal amount of the Bonds to be redeemedDTC), ANY TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as set forth belowthe registered owner hereof, together with accrued Cede & Co., has an interest thereon to the date fixed for redemption: Redemption Dates Redemption Prices any Interest Payment Date from September 1, 2017 to and including March 1, 2024 103% September 1, 2024 and March 1, 2025 102 September 1, 2025 and March 1, 2026 101 September 1, 2026 and any Interest Payment Date thereafter 100 The Bonds maturing on September 1, , are subject to mandatory sinking payment redemption in part on September 1, and on each September 1 thereafter to maturity, by lot, at a redemption price equal to the principal amount thereof to be redeemed, together with accrued interest to the date fixed for redemption, without premium, from sinking payments as follows: Redemption Dateherein.

Appears in 1 contract

Samples: mccmeetingspublic.blob.core.usgovcloudapi.net

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