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2024-01-06
CITY-OF-BATESVILLE
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2024-01-06
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On the payment of any bonds within the meaning of this Ordinance, the Trustee <br /> shall hold in trust, for the benefit of the owners of such bonds, all such moneys and/or Defeasance <br /> Securities. <br /> When all the bonds shall have been paid within the meaning of this Ordinance, if <br /> the Trustee has been paid its fees and expenses, if all arbitrage rebate payments due the United <br /> States under Section 148(f) of the Code have been paid or provided for to the satisfaction of the <br /> Trustee and if there are no amounts due the Insurer with respect to the Insurance Policy,the Trustee <br /> shall take all appropriate action to cause (i)the pledge and lien of this Ordinance to be discharged <br /> and cancelled and(ii) all moneys held by it pursuant to this Ordinance and which are not required <br /> for the payment of such bonds to be paid over or delivered to or at the direction of the City. <br /> At least three business days prior to any defeasance with respect to the bonds, the <br /> City shall,unless waived by the Insurer, deliver to the Insurer draft copies of an escrow agreement, <br /> an opinion of bond counsel regarding the validity and enforceability of the escrow agreement and <br /> the defeasance of the bonds and a verification report (a "Verification Report") prepared by a <br /> nationally recognized independent financial analyst or firm of certified public accountants <br /> regarding the sufficiency of the escrow fund. Such opinion shall be addressed to the Insurer and <br /> shall be in form and substance satisfactory to the Insurer. Such Verification Report shall be in the <br /> form and substance satisfactory to the Insurer and, unless waived by the Insurer, shall either be <br /> addressed to the Insurer or shall include a statement to the effect that such Verification Report may <br /> be relied upon by the Insurer. In addition, the escrow agreement shall provide that: <br /> (1) Any substitution of securities following the execution and delivery of the <br /> escrow agreement shall require the delivery of a Verification Report, an opinion of bond counsel <br /> that such substitution will not adversely affect the exclusion from gross income of the holders of <br /> the Series 2024B Bonds of the interest on the Series 2024B Bonds for federal income tax purposes <br /> and the prior written consent of the Insurer, which consent will not be unreasonably withheld. <br /> (2) The City will not exercise any prior optional redemption of bonds secured <br /> by the escrow agreement or any other redemption other than mandatory sinking fund redemptions <br /> unless (i) the right to make any such redemption has been expressly reserved in the escrow <br /> agreement and such reservation has been disclosed in detail in the official statement for the <br /> refunding bonds, and (ii) as a condition to any such redemption there shall be provided to the <br /> Insurer a Verification Report as to the sufficiency of escrow receipts without reinvestment to meet <br /> the escrow requirements remaining following any such redemption. <br /> (3) The City shall not amend the escrow agreement or enter into a forward <br /> purchase agreement or other agreement with respect to rights in the escrow without the prior <br /> written consent of the Insurer. <br /> Section 11. The City covenants that it will not issue any additional bonds, or <br /> incur any additional obligation, secured by a lien on or pledge of the Pledged Revenues except as <br /> hereinafter provided. The City reserves the right to issue additional bonds secured by a lien on or <br /> pledge of the receipts of the Permanent Tax on a subordinate basis to the pledge securing the bonds. <br /> 22 <br />
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