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2012-06-01
CITY-OF-BATESVILLE
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2012-06-01
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• continuing disclosure service portal provided through EMMA at http://www.msrb.emma.org or <br /> any other similar system that is acceptable to the Securities and Exchange Commission, with a <br /> copy to the Trustee (if the Trustee is not the Dissemination Agent). Each notice of the <br /> occurrence of a Listed Event shall be captioned "Notice of Listed Event" and shall be filed in <br /> electronic format as prescribed by the MSRB and shall be accompanied by identifying <br /> information as prescribed by the MSRB. In the event of a Listed Event described in(a)8 above, <br /> the Trustee shall make the filing and notice thereof need not be given any earlier than the notice <br /> for the underlying event is given to registered owners of affected Bonds pursuant to the terms of <br /> the Authorizing Ordinance. <br /> Termination of Reporting Obli ag tion. The City's obligations under the Continuing Disclosure <br /> Agreement shall terminate upon the defeasance, prior redemption or payment in full of all the <br /> Bonds. <br /> Dissemination Agent. The City may, from time to time, appoint or engage a Dissemination <br /> Agent to assist it in carrying out its obligations under the Continuing Disclosure Agreement, and <br /> may discharge any such Agent, with or without appointing a successor Dissemination Agent. <br /> The Dissemination Agent shall not be responsible in any manner for the content of any notice or <br /> report prepared by the City pursuant to the Continuing Disclosure Agreement. If at any time <br /> there is not any other designated Dissemination Agent, the Trustee shall be the Dissemination <br /> Agent. The initial Dissemination Agent shall be the Trustee. <br /> Amendment: Waiver. Notwithstanding any other provision of the Continuing Disclosure <br /> Agreement, the City and the Trustee may amend the Continuing Disclosure Agreement, and any <br /> provisions of the Continuing Disclosure Agreement may be waived, provided that the following <br /> conditions are satisfied: <br /> • (a) If the amendment or waiver relates to the requirements for providing an Annual <br /> Report, to the contents of the Annual Report or the reporting of Listed Events, it may only be <br /> made in connection with a change in circumstances that arises from a change in legal <br /> requirements, change in law, or change in the identity, nature or status of an obligated person <br /> with respect to the Bonds, or the type of business conducted; <br /> (b) The undertaking, as amended or taking into account such waiver, would, in the <br /> opinion of nationally recognized bond counsel, have complied with the requirements of the Rule <br /> at the time of the original issuance of the Bonds, after taking into account any amendments or <br /> interpretations of the Rule, as well as any change in circumstances;and <br /> (c) The amendment or waiver either (i) is approved by the Beneficial Owners of the <br /> Bonds in the same manner as provided in the Authorizing Ordinance for amendments to the <br /> Authorizing Ordinance with the consent of Beneficial Owners, or(ii) does not, in the opinion of <br /> the Trustee, materially impair the interests of the Beneficial Owners of the Bonds. <br /> In the event of any amendment or waiver of a provision of the Continuing Disclosure <br /> Agreement, the City shall describe such amendment in the next Annual Report, and shall <br /> include, as applicable, a narrative explanation of the reason of the amendment or waiver and its <br /> impact on the type (or in the case of a change of accounting principles, on the presentation) of <br /> financial information or operating data being presented by the City. In addition, if the <br /> amendment relates to the accounting principles to be followed in preparing financial statements, <br /> (i) notice of such change shall be given in the same manner as for a Listed Event, and (ii) the <br /> Annual Report for the year in which the change is made should present a comparison (in <br /> narrative form and also, if feasible, in quantitative form) between the financial statements as <br /> prepared on the basis of the new accounting principles and those prepared on the basis of the <br /> former accounting principles. <br /> • <br /> 20 <br />
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