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200510853
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Last modified
11/2/2005 12:01:36 PM
Creation date
11/2/2005 12:01:35 PM
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DEEDS
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200510853
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<br />200510Sti3 <br /> <br />to make all the Payments and pay additional rent due under this Agreement. Lessee agrees that <br />commencing with its budget for the next-ensuing fiscal year it will include amounts sufficient to <br />make the Payments as the same fall due in its annual budget and appropriations. <br /> <br />Section 5.04. Lessee covenants and agrees that it shall neither take any action nor <br />omit to take such action which such action or omission would have the affect of causing interest on <br />the Building Bonds to be no longer excludable from gross income under the Internal Revenue Code <br />of 1986, as amended. <br /> <br />Section 5.05. In accordance with the requirements of Rule 15c2-12 (the "Rule") <br />promulgated by the Securities and Exchange Commission (the "Commission"), the City hereby <br />agrees that it will provide the following continuing disclosure information: <br /> <br />(a) to each nationally recognized municipal securities information repository <br />(a "NRMSIR") and to the Underwriter, the City shall provide annual financial and <br />operating information generally consistent with the information set forth under the <br />heading "FINANCIAL STATEMENT" in the Official Statement for the Building <br />Bonds and its audited financial statements; such information is expected to be <br />available not later than seven months after the end of each fiscal year for the City. <br />Audited financial information shall be provided for governmental and fiduciary <br />fund types based on the modified accrual basis of accounting and as to proprietary <br />fund types on an accrual basis in accordance with generally accepted accounting <br />principles; <br /> <br />(b) in a timely manner to each NRMSIR or to the Municipal Securities <br />Rulemaking Board ("MSRB"), notice of the occurrence of any of the following <br />events with respect to the Building Bonds, if in the judgment of the City, such <br />event is material: <br /> <br />(I) principal and interest payment delinquencies, <br /> <br />(2) non-payment related defaults, <br /> <br />(3) unscheduled draws on debt servIce reserves reflecting <br />financial difficulties, <br /> <br />(4) unscheduled draws on credit enhancements reflecting <br />financial difficulties, <br /> <br />(5) substitution of credit or liquidity providers, or their failure to <br />perform, <br /> <br />(6) adverse tax opinions or events affecting the tax-exempt status <br />of the Building Bonds, <br /> <br />(7) modifications to rights of the holders of the Building Bonds, <br /> <br />8 <br />
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