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2011-06-03
CITY-OF-BATESVILLE
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2011-06-03
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ADFA Bonds an exemption from Rule 15c2-12 is then available, the Issuer shall, <br /> upon notice from the Authority, within 120 days after the close of each fiscal year <br /> of the Authority, furnish to the Authority (i) a copy of the latest financial <br /> statements of the Issuer prepared in accordance with generally accepted <br /> government accounting standards and audited by its independent auditors (or, if <br /> not available as of such date, the latest unaudited financial statements of the Issuer <br /> and, as soon thereafter as available, the audited financial statements) and (ii) such <br /> financial information and operating data relating to the Issuer as agreed to by the <br /> Issuer and the Authority. <br /> (c) The Issuer shall provide to the Authority, within ten (10) business <br /> days after the occurrence thereof, notice of any of the following events with <br /> respect to the Bond: <br /> (1) any principal or interest payment delinquency with respect <br /> to the Bond; <br /> (2) any non-payment related default under the Bond Ordinance, <br /> the Bond or this Agreement, if material; <br /> (3) any event that would cause the Bond to be a "private <br /> activity bond" under the Internal Revenue Code of 1986, as amended; <br /> (4) any defeasance of the Bond, in whole or in part; and <br /> (5) any release, substitution or sale of property securing <br /> repayment of the Bond, if material. <br /> (d) The Issuer's obligations under this paragraph 11 shall terminate <br /> upon the defeasance, prior redemption or payment in full of the Bond. <br /> (e) Nothing in this paragraph 11 shall be deemed to prevent the Issuer <br /> from disseminating any other information, or including any other information in <br /> any notice or report made hereunder, in addition to that which is specifically <br /> required by this paragraph 11. If the Issuer chooses to include any information in <br /> any report or notice made hereunder in addition to that which is specifically <br /> required by this paragraph 11, the Issuer shall have no obligation hereunder to <br /> update such information or include it in any future report or notice. <br /> (f) The reporting requirements set forth in this Agreement are in <br /> addition to any financial reporting requirements set forth in the Bond Ordinance. <br /> 7 <br />
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