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201106937
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Last modified
10/9/2011 10:52:19 PM
Creation date
9/20/2011 8:40:44 AM
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DEEDS
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201106937
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2o��oss37 <br />All such payments (the "Payments") sha11 be made without abatement or set-off and without <br />regard to whether the Project remains occupied. The City shall have the right to make <br />prepayment of the Payments at any time and to cause such prepayments to be applied to the early <br />redemption and/or satisfaction of the Refunding Bonds, as provided in the Indenture. Any <br />amount of the Payments not required for the payment of principal and interest on the Refunding <br />Bonds or the redemption andlor satisfaction thereof shall be considered satisfied in full upon any <br />payment or redemption and/or satisfaction in full of the Refunding Bonds. The City hereby <br />acknowledges and consents to the provisions of Section 9.07 of Article IX of the Indenture <br />which permits the City to purchase the Project for a price which might, depending upon the <br />circumstances, be less than an amount sufficient to pay all of the principal and accrued interest <br />on the Refunding Bonds as provided for in the Indenture. As and to the extent that the City's <br />right to exercise its option under said Section 9.07 has resulted from any failure on the part of the <br />City to make the Payments as the same fall due, the City hereby agrees to pay as liquidated <br />damages (determined with specific reference to the payrnent rights of the holders of the <br />Refunding Bonds) payable to the Trustee fqr the benefit of the holders of the Refunding Bonds, <br />an amount sufficient, when added to the amount payable under the terms of the option set forth <br />in said Section 9.07, will be sufficient to effect the satisfaction in full of the Refunding Bonds <br />under the terms of the Indenture and specifically Article VIII thereof. <br />Section V. Continuin� Disclosure Undertakin�. Section X of the 5econd Addendum <br />is hereby amended to read as follows: <br />Section X. In accordance with the requirements of Rule 15c2-12 (the "Rule") <br />promulgated by the Securities and Exchange Commission, the City, being the only "obligated <br />person" with respect to the 2011 Bonds, agrees that it will provide the following continuing <br />disclosure information to the Municipal Securities Rulemaking Board (the "MSRB") in an <br />electronic format as prescribed by the MSRB: <br />(a) not later than seven months after the end of each fiscal year of the City (the <br />"Delivery Date"), financial information or operating data for the City of the type <br />accompanying the audited financial statements of the City entitled "Management's <br />Discussion and Analysis" ("Annual Financial Information"); <br />(b) when and if available, audited financial statements for the City; audited <br />financial information shall be prepared on the basis of generally accepted accounting <br />principles; and <br />(c) in a timely manner not in excess of ten business days after the occurrence of <br />the event, notice of the occurrence of any of the following events with respect to the 2011 <br />Bonds: <br />0 <br />
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