Common use of The Bonds Clause in Contracts

The Bonds. The Bonds shall be dated their Date of Delivery. The Bonds shall otherwise be as described in the Official Statement (as defined herein), and shall be issued and secured pursuant to the provisions of the resolution of the District adopted on March 15, 2021 (the “Resolution”), this Purchase Contract, and Articles 9 and 11 of Chapter 3 of Part 1 of Division 2 of Title 5 of the Government Code (the “Act”). The Bonds shall be executed and delivered under and in accordance with the provisions of this Purchase Contract and the Resolution. The Bonds shall bear CUSIP numbers, and shall be in fully registered book-entry form, registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York (“DTC”). The Bonds shall initially be in authorized denominations of Five Thousand Dollars ($5,000) principal amount, or any integral multiple thereof. The paying agent for the Bonds, as designated by the Resolution, shall be U.S. Bank National Association (the “Paying Agent”). The net proceeds of the Series A Bonds will be used to currently refund the District’s outstanding 2016 General Obligation Refunding Bonds (the “2016 Refunding Bonds”) maturing on August 1, 2040. The net proceeds of the Series B Bonds will be used to advance refund (i) the District’s outstanding 2012 General Obligation Refunding Bonds, maturing on August 1, 20 through and including August 1, 20 (the “2012 Refunding Bonds”), (ii) the District’s outstanding 2014 General Obligation Refunding Bonds maturing on August 1, 20 through and including August 1, 20 (the “2014 Refunding Bonds”), (iii) the District’s outstanding 2015 General Obligation Refunding Bonds maturing on August 1, 20 through and including August 1, 20 (the “2015 Refunding Bonds”) and (iv) the outstanding 2016 Refunding Bonds maturing on August 1, 20 through and including August 1, 20 (and together with the 2012 Refunding Bonds, the 2014 Refunding Bonds, the 2015 Refunding Bonds, and the 2016 Refunding Bonds described above, the “Refunded Bonds”). Pursuant to an escrow agreement dated as of 1, 2021 (the “Escrow Agreement”), by and between the District and U.S. Bank National Association, as escrow agent (the “Escrow Agent”), the net proceeds of the Bonds will be deposited into an escrow fund held pursuant to the Escrow Agreement and invested in certain Federal Securities, as such term is defined in the Resolution, the principal of and interest on which shall be used to pay the redemption prices of the Refunded Bonds on their first available redemption dates, and interest due thereon on and before such dates.

The Bonds. (a) The Bonds shall be dated their Date date of Deliverydelivery, and shall mature on the dates and be subject to redemption prior to their maturity all as set forth on Exhibit A hereto. The Bonds shall otherwise be as described in the Official Statement (as defined herein), and shall be issued and secured pursuant to the provisions of the resolution of the Board of Education of the District (the “Board of Education”) adopted on March 15[October 5], 2021 (the “Resolution”), which provides for the terms of the Bonds, this Purchase Contract, Agreement and Articles 9 and 11 of Chapter 3 of Part 1 of Division 2 of Title 5 of the California Government Code (the “Act”). The Bonds shall be executed and delivered under and in accordance with the provisions of this Purchase Contract and the Resolution. The Bonds shall bear CUSIP numbers, and shall be in fully registered book-entry form, registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York (“DTC”). The Bonds shall initially be in authorized denominations of Five Thousand Dollars ($5,000) principal amount, or any integral multiple thereof. The paying agent for the Bonds, as designated by the Resolution, shall be U.S. Bank National Association (the “Paying Agent”). The net proceeds of the Series A Bonds will be used to currently refund the District’s outstanding 2016 General Obligation Refunding Bonds (the “2016 Refunding Bonds”) maturing on August 1, 2040. The net proceeds of the Series B Bonds will be used to advance refund are being issued (i) to refund, on an advance basis, a portion of the District’s outstanding 2012 San Xxxxx Valley Unified School District (County of Contra Costa, California) General Obligation Refunding Bonds, Series 2013, maturing on August 11 in the years [2024 through 2031, 20 through and including August 1, 20 inclusive] (the “2012 Prior 2013 Refunding Bonds”), (ii) to refund, on an advance basis, a portion of the District’s outstanding 2014 San Xxxxx Valley Unified School District (County of Contra Costa, California) General Obligation Refunding Bonds Bonds, Election of 2012, Series 2013, maturing on August 11 in the years [2027 through 2029, 20 through inclusive, 2031, 2033 and including August 1, 20 2037] (the “2014 Refunding Prior 2013 New Money Bonds”), (iii) to refund, on an advance basis, a portion of the District’s outstanding 2015 San Xxxxx Valley Unified School District (County of Contra Costa, California) General Obligation Refunding Bonds Bonds, Election of 2012, Series 2015, maturing on August 11 in the years [2026 through 2036, 20 through inclusive, and including August 1, 20 2040] (the “Prior 2015 Bonds,” and together with the Prior 2013 Refunding Bonds and the Prior 2013 New Money Bonds, the “Prior Bonds”) ), and (iv) the outstanding 2016 Refunding Bonds maturing on August 1, 20 through and including August 1, 20 (and together with the 2012 Refunding Bonds, the 2014 Refunding Bonds, the 2015 Refunding Bonds, and the 2016 Refunding Bonds described above, the “Refunded Bonds”). Pursuant to an escrow agreement dated as pay costs of 1, 2021 (the “Escrow Agreement”), by and between the District and U.S. Bank National Association, as escrow agent (the “Escrow Agent”), the net proceeds issuance of the Bonds will be deposited into an escrow fund held pursuant to Bonds. Capitalized undefined terms used herein shall have the Escrow Agreement and invested in certain Federal Securities, as such term is defined meanings set forth in the Resolution, the principal of and interest on which shall be used to pay the redemption prices of the Refunded Bonds on their first available redemption dates, and interest due thereon on and before such dates.

The Bonds. The Bonds shall be dated their date of delivery (the “Date of Delivery”). The Bonds shall mature on the dates and be subject to redemption as shown on Appendix A hereto, shall otherwise be as described in the Official Statement (as defined herein), and shall be issued and secured pursuant to the provisions of the resolution adopted by the Board of Trustees of the District adopted on March 15February 9, 2021 2022 (the “Resolution”), this Purchase Contract, and Articles 9 and 11 of Chapter 3 of Part 1 of Division 2 of Title 5 of the Government Code (the “Act”). The Bonds shall be executed and delivered under and in accordance with the provisions of this Purchase Contract and the Resolution. The Bonds shall bear CUSIP numbers, and shall be in fully registered book-entry form, registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York (“DTC”). The Bonds shall initially be in authorized denominations of Five Thousand Dollars ($5,000) principal amountamount or Maturity Value, as applicable, or any integral multiple thereof. The paying agent Paying Agent for the Bonds, as designated by the Resolution, shall be U.S. Bank National Association (the “Paying Agent”). of New York Mellon Trust Company, N.A. The net proceeds of the Series A Bonds will be used to currently refund a portion of the District’s outstanding 2016 Election of 2006 General Obligation Refunding Bonds Bonds, Series B (the “2016 Refunding 2006 Series B Bonds”) maturing on August 1, 2040a tax-exempt basis. The net proceeds of the Series B Bonds will be used to advance refund (i) a portion of the District’s outstanding 2012 General Obligation Refunding Bonds, maturing on August 1, 20 through (i) 2006 Series B Bonds and including August 1, 20 (the “2012 Refunding Bonds”), (ii) the District’s outstanding 2014 General Obligation Refunding Bonds maturing on August 1, 20 through and including August 1, 20 (the “2014 Refunding Bonds”), (iii) the District’s outstanding 2015 General Obligation Refunding Bonds maturing on August 1, 20 through and including August 1, 20 (the “2015 Refunding Bonds”) and (iv) the outstanding 2016 Refunding Bonds maturing on August 1, 20 through and including August 1, 20 (,” and together with the 2012 Refunding 2006 Series B Bonds, the 2014 Refunding Bonds, the 2015 Refunding Bonds, and the 2016 Refunding Bonds described above, the “Refunded Bonds”)) on a taxable basis. Pursuant to an escrow agreement dated as of March 1, 2021 2022 (the “Escrow Agreement”), by and between the District and U.S. The Bank National Associationof New York Mellon Trust Company, N.A., as escrow agent (the “Escrow Agent”), the net proceeds of the Bonds will be deposited into an escrow fund held pursuant to the Escrow Agreement and invested in certain Federal Securities, as such term is defined in the Resolution, the principal of and interest on which shall be used used, together with funds deposited with the Escrow Agent as cash, to pay the redemption prices of the Refunded Bonds on their first respective available redemption dates, and interest due thereon on and before such dates.

The Bonds. (a) The Bonds shall be dated their Date date of Deliverydelivery, and shall mature on the dates and be subject to redemption prior to their maturity all as set forth on Exhibit A hereto. The Bonds shall otherwise be as described in the Official Statement (as defined herein), and shall be issued and secured pursuant to the provisions of the resolution of the Board of Education of the District (the “Board of Education”) adopted on March September 15, 2021 2020 (the “Resolution”), which provides for the terms of the Bonds, this Purchase Contract, Agreement and Articles 9 and 11 of Chapter 3 of Part 1 of Division 2 of Title 5 of the California Government Code (the “Act”). The Bonds shall be executed and delivered under and in accordance with the provisions of this Purchase Contract and the Resolution. The Bonds shall bear CUSIP numbers, and shall be in fully registered book-entry form, registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York (“DTC”). The Bonds shall initially be in authorized denominations of Five Thousand Dollars ($5,000) principal amount, or any integral multiple thereof. The paying agent for the Bonds, as designated by the Resolution, shall be U.S. Bank National Association (the “Paying Agent”). The net proceeds of the Series A Bonds will be used to currently refund the District’s outstanding 2016 General Obligation Refunding Bonds (the “2016 Refunding Bonds”) maturing on August 1, 2040. The net proceeds of the Series B Bonds will be used to advance refund are being issued (i) to refund a portion of the District’s outstanding 2012 San Xxxxx Valley Unified School District (County of Contra Costa, California) General Obligation Refunding Bonds, Series 2012, maturing on August 11 in the years [2023 through 2029, 20 through and including August 1, 20 inclusive] (the “Prior 2012 Refunding Bonds”), (ii) to refund a portion of the District’s outstanding 2014 San Xxxxx Valley Unified School District (County of Contra Costa, California) General Obligation Refunding Bonds Bonds, Series 2012, maturing on August 11 in the years [2024 through 2031, 20 through and including August 1, 20 inclusive] (the “2014 Prior 2013 Refunding Bonds”), (iii) to refund a portion of the District’s outstanding 2015 San Xxxxx Valley Unified School District (County of Contra Costa, California) General Obligation Refunding Bonds Bonds, Election of 2012, Series 2013, maturing on August 11 in the years [2027 through 2029, 20 through inclusive, 2031, 2033 and including August 1, 20 2037] (the “2015 Refunding Prior 2013 New Money Bonds”) and ), (iv) to refund a portion of the outstanding 2016 Refunding Bonds San Xxxxx Valley Unified School District (County of Contra Costa, California) General Obligation Bonds, Election of 2012, Series 2015, maturing on August 11 in the years [2026 through 2036, 20 through inclusive, and including August 1, 20 2040] (the “Prior 2015 Bonds” and together with the Prior 2012 Refunding Bonds, the 2014 Prior 203 Refunding Bonds and the Prior 2013 New Money Bonds, the 2015 Refunding Bonds, and the 2016 Refunding Bonds described above, the “Refunded Prior Bonds”). Pursuant , and (v) to an escrow agreement dated as pay costs of 1, 2021 (the “Escrow Agreement”), by and between the District and U.S. Bank National Association, as escrow agent (the “Escrow Agent”), the net proceeds issuance of the Bonds will be deposited into an escrow fund held pursuant to Bonds. Capitalized terms used herein and not defined herein shall have the Escrow Agreement and invested in certain Federal Securities, as such term is defined meanings set forth in the Resolution, the principal of and interest on which shall be used to pay the redemption prices of the Refunded Bonds on their first available redemption dates, and interest due thereon on and before such dates.

The Bonds. The Current Interest Bonds shall be dated their Date date of Deliverydelivery and shall mature on August 1 in the years shown on Exhibit A hereto and be subject to optional[, extraordinary] and mandatory redemption all as shown on Exhibit A hereto. The Capital Appreciation Bonds shall be dated their date of delivery and shall mature on August 1 in the years shown on Exhibit A hereto and be subject to optional and mandatory redemption all as shown on Exhibit A hereto. The Convertible Capital Appreciation Bonds shall be dated their date of delivery, shall accrete interest to their Conversion Dates at the rates, shall bear interest from and after their Conversion Dates at the rates, shall convert to current interest bonds on the Conversion Dates and shall mature on August 1 in the years and be subject to optional and mandatory redemption all as shown on Exhibit A hereto. The Bonds shall otherwise be as described in the Official Statement (as defined herein), and shall be issued and secured pursuant to the provisions of the resolution Resolution of the District adopted on March 15, 2021 2011 (the “District Resolution”)) and the Resolution of the Board of Supervisors of the County adopted , this Purchase Contract2011 (the “County Resolution” and, collectively with the District Resolution, the “Resolutions”) and California Government Code Section 53506 et seq., including Section 53508.7 thereof, and Articles 9 and 11 of Chapter 3 of Part 1 of Division 2 of Title 5 of the Government California Education Code Section 15140 (the “Act”). The Bonds were authorized under and pursuant to a bond authorization approved by more than fifty-five percent (55%) of the voters of the District voting at an election held on November 2, 2010 (the “Election”) approving an amount not more than $169,300,000 of general obligation bonds of the District. The Bonds are being issued to finance the repair, renovation, construction, acquisition and improvement of school facilities. The Bonds shall be executed and delivered under and in accordance with the provisions of this Purchase Contract Agreement and the ResolutionResolutions. The Bonds shall be in book-entry form, shall bear CUSIP numbers, and shall be in fully registered book-entry form, registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York (“DTC”). The York; the Bonds shall initially be in authorized denominations of Five Thousand Dollars ($5,000) 5,000 principal amount, or maturity value each or any integral multiple thereof. [The paying agent for the Bonds, as designated by the Resolution, shall be U.S. Bank National Association (the “Paying Agent”). The net proceeds payment of the Series A Bonds will be used to currently refund the District’s outstanding 2016 General Obligation Refunding Bonds (the “2016 Refunding Bonds”) maturing on August 1, 2040. The net proceeds of the Series B Bonds will be used to advance refund (i) the District’s outstanding 2012 General Obligation Refunding Bonds, maturing on August 1, 20 through and including August 1, 20 (the “2012 Refunding Bonds”), (ii) the District’s outstanding 2014 General Obligation Refunding Bonds maturing on August 1, 20 through and including August 1, 20 (the “2014 Refunding Bonds”), (iii) the District’s outstanding 2015 General Obligation Refunding Bonds maturing on August 1, 20 through and including August 1, 20 (the “2015 Refunding Bonds”) and (iv) the outstanding 2016 Refunding Bonds maturing on August 1, 20 through and including August 1, 20 (and together with the 2012 Refunding Bonds, the 2014 Refunding Bonds, the 2015 Refunding Bonds, and the 2016 Refunding Bonds described above, the “Refunded Bonds”). Pursuant to an escrow agreement dated as of 1, 2021 (the “Escrow Agreement”), by and between the District and U.S. Bank National Association, as escrow agent (the “Escrow Agent”), the net proceeds of the Bonds will be deposited into an escrow fund held pursuant to the Escrow Agreement and invested in certain Federal Securities, as such term is defined in the Resolution, the principal of and interest on which shall the Bonds will be used secured by a municipal bond insurance policy (the “Policy”) to pay be issued simultaneously with the redemption prices issuance of the Refunded Bonds on their first available redemption dates, and interest due thereon on and before such datesby (the “Insurer”).]

The Bonds. The Current Interest Bonds shall be dated their Date date of Deliverydelivery, shall bear interest at the rates and shall mature on 1 in the years and be subject to optional and mandatory redemption all as shown on Exhibit A hereto. The Capital Appreciation Bonds shall be dated their date of delivery, shall accrete interest at the rates and shall mature on 1 in the years and be subject to optional and mandatory redemption all as shown on Exhibit A hereto. The Bonds shall otherwise be as described in the Official Statement (as defined herein), and shall be issued and secured pursuant to the provisions of Article XIIIA of the resolution Constitution of the State of California and Title 1, Division 1, Part 10, Chapters 1 and 1.5 of the California Education Code (the “Education Code”) and pursuant to, and shall otherwise be as described in, resolutions of the Board of Trustees of the District adopted on March 15, 2021 (the “Board of Trustees”) adopted on , 2009 (the “District Resolution”), this Purchase Contract, and Articles 9 and 11 of Chapter 3 of Part 1 of Division 2 of Title 5 of the Government Code Board of Supervisors of the County (the “ActBoard of Supervisors”) adopted , 2009 (the “County Resolution” and, collectively with the District Resolution, the “Resolutions”), which provide for the terms of the Bonds and designate Zions First National Bank as initial paying agent therefor (the “Paying Agent”), and this Bond Purchase Agreement. The Bonds were authorized under and pursuant to a bond authorization approved by more than fifty-five percent (55%) of the voters of the District voting at an election held on November 4, 2008 (the “Election”) approving an amount not to exceed $24,935,000 of general obligation bonds of the District to be used to finance specific construction, repair and improvement projects (collectively, the “Project”) as further described in the Preliminary Official Statement (defined below). Capitalized terms used herein and not defined herein shall have the meanings set forth in the County Resolution. The Bonds shall be executed and delivered under and in accordance with the provisions of this Bond Purchase Contract Agreement and the ResolutionResolutions. The Bonds shall be in definitive form, shall bear CUSIP numbers, and shall be in fully registered book-entry form, registered in the name of Cede & Co., as nominee of The the Depository Trust Company, New York, New York (“DTC”). [The Bonds shall initially be in authorized denominations payment of Five Thousand Dollars ($5,000) principal amount, or any integral multiple thereof. The paying agent for the Bonds, as designated by the Resolution, shall be U.S. Bank National Association (the “Paying Agent”). The net proceeds of the Series A Bonds will be used to currently refund the District’s outstanding 2016 General Obligation Refunding Bonds (the “2016 Refunding Bonds”) maturing on August 1, 2040. The net proceeds of the Series B Bonds will be used to advance refund (i) the District’s outstanding 2012 General Obligation Refunding Bonds, maturing on August 1, 20 through and including August 1, 20 (the “2012 Refunding Bonds”), (ii) the District’s outstanding 2014 General Obligation Refunding Bonds maturing on August 1, 20 through and including August 1, 20 (the “2014 Refunding Bonds”), (iii) the District’s outstanding 2015 General Obligation Refunding Bonds maturing on August 1, 20 through and including August 1, 20 (the “2015 Refunding Bonds”) and (iv) the outstanding 2016 Refunding Bonds maturing on August 1, 20 through and including August 1, 20 (and together with the 2012 Refunding Bonds, the 2014 Refunding Bonds, the 2015 Refunding Bonds, and the 2016 Refunding Bonds described above, the “Refunded Bonds”). Pursuant to an escrow agreement dated as of 1, 2021 (the “Escrow Agreement”), by and between the District and U.S. Bank National Association, as escrow agent (the “Escrow Agent”), the net proceeds of the Bonds will be deposited into an escrow fund held pursuant to the Escrow Agreement and invested in certain Federal Securities, as such term is defined in the Resolution, the principal of and interest and compounded interest (but not any redemption premium) on which shall the Bonds as specified in Exhibit A hereto will be used secured by a municipal bond insurance policy (the “Insurance Policy”) to pay be issued simultaneously with the redemption prices issuance of the Refunded Bonds on their first available redemption dates, and interest due thereon on and before such datesby (the “Insurer”).]