Common use of The Bonds and Related Documents Clause in Contracts

The Bonds and Related Documents. The Bonds shall be issued pursuant to an Indenture of Trust, dated as of December 1, 2004 (the “Master Indenture”) by and between the Redevelopment Agency of the City of Pittsburg and The Bank of New York Mellon Trust Company, N.A., as trustee (the “Trustee”), as supplemented to date, including as supplemented by that Fourth Supplemental Indenture of Trust dated as of December 1, 2015 (the “Fourth Supplemental Indenture,” and with the Master Indenture and the other supplements thereto, the “Indenture”), by and between the Successor Agency and the Trustee, Part 1, Division 24 of the California Health and Safety Code (the “Law”) and Article 11 of Chapter 3 of Part 1 of Division 2 of Title 5 of the California Government Code (the “Act”), and a resolution of the Successor Agency adopted , 2015 (the “Successor Agency Resolution”). The issuance of the Bonds was approved by the Oversight Board for the Successor Agency by resolution on , 2015 (the “Oversight Board Resolution”). The Bonds shall be as described in the Indenture and the Official Statement dated the date hereof relating to the Bonds (which, together with all exhibits and appendices included therein or attached thereto and such amendments or supplements thereto which shall be approved by the Underwriter, is hereinafter called the “Official Statement”). The net proceeds of the Bonds will be used (i) to refund and defease the Redevelopment Agency of the City of Pittsburg Los Medanos Community Development Project Housing Set Aside Tax Allocation Bonds, (Taxable) 2004 Series A (the “Prior Bonds”), (ii) to acquire a municipal bond insurance policy (the “Policy”) from (the “Insurer”) with respect to the Bonds, (iii) to acquire a debt service reserve policy (the “Reserve Policy”) from the Insurer and (iv) to pay the costs of issuing the Bonds The Successor Agency will undertake pursuant to the provisions of a Continuing Disclosure Certificate, to be dated the date of the Closing (the “Disclosure Certificate”) and executed by the Successor Agency, to provide certain annual information and notices of the occurrence of certain enumerated events. A description of the undertaking is set forth in the Preliminary Official Statement (as defined below) and will also be set forth in the Official Statement. The Indenture, the Disclosure Certificate, the Escrow Agreement dated as of December 1, 2015, by and between the Successor Agency and The Bank of New York Mellon Trust Company, N.A. (the “Escrow Agent”), and this Purchase Agreement are sometimes collectively referred to herein as the “Successor Agency Legal Documents”.

The Bonds and Related Documents. The Bonds shall will be issued pursuant to an Indenture of Trust as supplemented by a First Supplement to Indenture of Trust, each dated as of December April 1, 2004 2006, and a Second Supplement to Indenture of Trust dated as of June 1, 2011 (collectively, the “Master Indenture”) ), each by and between the Redevelopment Agency of the City of Pittsburg and The Union Bank of New York Mellon Trust CompanyCalifornia, N.A., Los Angeles, California, as trustee (the “Trustee”)) and pursuant to the California Community Redevelopment Law, as supplemented to date, including as supplemented by that Fourth Supplemental Indenture of Trust dated as of December 1, 2015 (the “Fourth Supplemental Indenture,” and with the Master Indenture and the other supplements thereto, the “Indenture”), by and between the Successor Agency and the Trustee, constituting Part 1, Division 24 commencing with Section 33000) of the California Health and Safety Code (the “Redevelopment Law”) and Article 11 of Chapter 3 of Part 1 of Division 2 of Title 5 of the California Government Code (the “Act”), and a resolution of the Successor Agency adopted , 2015 2011 (the “Successor Agency Resolution”). The issuance of the Bonds was approved by the Oversight Board for the Successor Agency by resolution on , 2015 (the “Oversight Board Resolution”). The Bonds shall will be as described in the Indenture and the Official Statement dated the date hereof relating to the Bonds (which, together with all exhibits and appendices included therein or attached thereto and such amendments or supplements thereto which shall will be approved by the Underwriter, is hereinafter called the “Official Statement”). The net proceeds of the Bonds will be used (i) to refund and defease the Redevelopment Agency finance redevelopment activities of the City of Pittsburg Los Medanos Community Development Project Housing Set Aside Tax Allocation Bonds, (Taxable) 2004 Series A (the “Prior Bonds”), (ii) to acquire a municipal bond insurance policy (the “Policy”) from (the “Insurer”) Agency with respect to the Bonds, (iii) to acquire a debt service reserve policy Agency’s Earthquake Recovery Redevelopment Project (the “Reserve PolicyProject”) from ). The Authority was created as a joint exercise of powers authority pursuant to Chapter 5 of Division 7 of Title 1 of the Insurer and Government Code of the State of California (iv) to pay the costs of issuing the Bonds "Act"). The Successor Agency will undertake pursuant to the provisions of a Continuing Disclosure Certificate, to be dated the date of the Closing (the “"Disclosure Certificate”) "), and executed by the Successor Agency, to provide certain annual information and notices of the occurrence of certain enumerated events, if material. A description of the undertaking is set forth in the Preliminary Official Statement (as defined below) and will also be set forth in the Official Statement. The Indenture, the Continuing Disclosure Certificate, the Escrow Agreement dated as of December 1, 2015, by and between the Successor Agency and The Bank of New York Mellon Trust Company, N.A. (the “Escrow Agent”), Certificate and this Bond Purchase Agreement are sometimes collectively referred to herein as the “Successor "Agency Legal Documents”.” The resolution of the Authority adopted , 2011, approving the purchase and sale of the Bonds and related matters is herein referred to as the "Authority Resolution." The resolution of the City adopted , 2011, approving the issuance of the Bonds by the Agency is herein referred to as the "City Resolution."

The Bonds and Related Documents. The Bonds shall be substantially in the form described in, and shall be issued pursuant to and secured under the provisions of an Indenture of TrustTrust (the “Indenture”), dated as of December 1, 2004 (the “Master Indenture”) 2022, by and between the Redevelopment Agency of the City of Pittsburg District and The Bank of New York Mellon Trust Company, N.A., as trustee (the “Trustee”), as supplemented to date, including as supplemented by that Fourth Supplemental Indenture of Trust dated as of December 1, 2015 (the “Fourth Supplemental Indenture,” and with the Master Indenture and the other supplements thereto, the “Indenture”), by and between the Successor Agency and the Trustee, Part 1, Division 24 of the California Health and Safety Code (the “Law”) and Article 11 of pursuant to Chapter 3 2.99 of Part 1 of Division 2 of Title 5 (commencing with Section 53398.50) of the California Government Code of the State, and the acts amendatory thereof and supplemental thereto (the “ActEIFD Law”), ) and a resolution of the Successor Agency adopted , 2015 Public Financing Authority of the Otay Mesa Enhanced Infrastructure Financing District (the “Successor Agency ResolutionAuthority”). The issuance of the Bonds was approved by the Oversight Board for the Successor Agency by resolution ) adopted on [August 8, 2015 2022] (the “Oversight Board Resolution”). The Bonds shall be as described in the Indenture and the Official Statement dated the date hereof relating to the Bonds (which, together with all exhibits and appendices included therein or attached thereto and such amendments or supplements thereto which shall be approved by the UnderwriterUnderwriters, is hereinafter called the “Official Statement”). The net proceeds of the Bonds will be used (i) to refund and defease the Redevelopment Agency finance a portion of the City of Pittsburg Los Medanos Community Development Project Housing Set Aside Tax Allocation Bonds, (Taxable) 2004 Series A (public improvements and facilities described in the “Prior Bonds”), (ii) to acquire Otay Mesa Enhanced Infrastructure Financing District Infrastructure Financing Plan. [The Bonds shall be insured under a municipal bond insurance policy (the “Policy”) from (the “Insurer”) ). Additionally, the reserve fund for the Bonds shall be funded with respect to the Bonds, (iii) to acquire a debt service reserve fund surety policy (the “Reserve Policy”) from to be issued by the Insurer and (iv) to pay the costs of issuing the Bonds Insurer.] The Successor Agency District will undertake pursuant to the provisions of a Continuing Disclosure Certificate, to be dated the date of the Closing (the “Continuing Disclosure Certificate”) and executed by the Successor AgencyDistrict, to provide certain annual information and notices of the occurrence of certain enumerated events. A description of the undertaking is set forth in the Preliminary Official Statement (as defined below) and will also be set forth in the Official Statement. The Indenture, the Continuing Disclosure Certificate, the Escrow Agreement dated as of December 1, 2015, by and between the Successor Agency and The Bank of New York Mellon Trust Company, N.A. (the “Escrow Agent”), and this Purchase Agreement are sometimes collectively referred to herein as the “Successor Agency District Legal Documents.” [Notice of the sale of the Bonds was published on , 20 in [newspaper of general circulation] and on , 20 in [financial newspaper published in San Francisco and Los Angeles (collectively, the “Public Notices”).]

The Bonds and Related Documents. The ^The Bonds shall be substantially in the form described in, and shall be issued pursuant to and secured under the provisions of, an Indenture of Trust, dated as of December May 1, 2004 2008, (the “Master Original Indenture”) ), by and between the Redevelopment Agency of the City of Pittsburg and The Bank of New York Mellon Trust Company, N.A.^ , as trustee (the “Trustee”), as supplemented to dateby a First Supplemental Trust Indenture, including as supplemented by that Fourth Supplemental Indenture of Trust dated as of December March 1, 2015 (the “Fourth First Supplement”), and a Second Supplemental Trust Indenture, dated as of July 1, 2018 (the “Second Supplement,” and with the Master Original Indenture and the other supplements theretoFirst Supplement, the “Indenture”), by and between the Successor Agency and the Trustee, Indenture”)^. The Bonds will be issued pursuant Part 1, Division 24 of the California Health and Safety Code (the “Law”) and Article 11 of Chapter 3 of Part 1 of Division 2 of Title 5 of the California Government Code (the “Act”), ) and a resolution resolutions of the Successor Agency adopted on ^ , 2015 2018 (the “Successor Agency Resolution”) and on ^ , 2018 (the “Agency OS Resolution”). The issuance of the ^the Bonds was approved by the Oversight Board for the Successor Agency by a resolution on ^ , 2015 2018 (the “Oversight Board Resolution”). The Bonds shall be as described in the Indenture and the Official Statement dated the date hereof relating to the Bonds (which, together with all exhibits and appendices included therein or attached thereto and such amendments or supplements thereto which shall be approved by the Underwriter, is hereinafter called the “Official Statement”). The net proceeds of the Bonds will shall be used (i) to refund and defease the Redevelopment Agency of the City of Pittsburg Los Medanos Community Development Project Housing Set Aside Tax Allocation Bonds, (Taxable) 2004 Series A (the “Prior Bonds”), (ii) to acquire insured under a municipal bond insurance policy (the “Policy”) from ^ (the “Insurer”) with respect to the Bonds, (iii) to acquire a ). A debt service reserve insurance policy (the “Reserve Surety Policy”) shall also be purchased from the Insurer and (iv) to pay for the costs Bonds. The net proceeds of issuing the Bonds will be used to refund the Oakley Redevelopment Agency’s outstanding ^Subordinate Tax Allocation Refunding Bonds, Series ^2008A (Oakley Redevelopment Project Area), originally issued in the aggregate principal amount of $^25,095,000 (the “Prior Bonds”); The Successor Agency will undertake pursuant to the provisions of a Continuing Disclosure Certificate, to be dated the date of the Closing (the “Disclosure Certificate”) and executed by the Successor Agency, to provide certain annual information and notices of the occurrence of certain enumerated events. A description of the undertaking is set forth in the Preliminary Official Statement (as defined below) and will also be set forth in the Official Statement. The IndentureIndenture (or the ^Second Supplement, as applicable), the Continuing Disclosure Certificate, the Escrow Agreement dated as of December 1, 2015, by and between or Irrevocable Refunding Instructions relating to the Successor Agency and The Bank of New York Mellon Trust Company, N.A. Prior Bonds (the “Escrow AgentAgreement”), and this Purchase Agreement are sometimes collectively referred to herein as the “Successor Agency Legal DocumentsDocuments^.”.