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Resolution 2004-090
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Resolution 2004-090
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City Property Values; City Indebtedness; and City Tax Rates, bevies and <br />Collections. <br />Notwithstanding the foregoing paragraph, if the audited financial statements are not available by <br />the date specified, the City shall provide on or before such date unaudited financial statements in <br />the format required for the audited financial statements as part of the Disclosure Information and, <br />within 10 days after the receipt thereof, the City shall provide the audited financial statements. <br />Any or all of the Disclosure Information may be incorporated by reference, if it is updated as <br />required hereby, from other documents, including official statements, which have been submitted <br />to each of the repositories hereinafter referred to under subsection (c) or the SEC. If the <br />document incorporated by reference is a final official statement, it must be available from the <br />Municipal Securities Rulemaking Board. The City shall clearly identify in the Disclosure <br />Information each document so incorporated by reference. If any part of the Disclosure <br />Information can no longer be generated because the operations of the City have materially <br />changed or been discontinued, such Disclosure Information need no longer be provided if the <br />City includes in the Disclosure Information a statement to such effect; provided, however, if such <br />operations have been replaced by other City operations in respect of which data is not included in <br />the Disclosure Information and the City determines that certain specified data regarding such <br />replacement operations would be a Material Fact (as defined in paragraph (2) hereof), then, from <br />and after such determination, the Disclosure Information shall include such additional specified <br />data regarding the replacement operations. If the Disclosure Information is changed or this <br />section is amended as permitted by this paragraph (b)(1) or subsection (d), then the City shall <br />include in the next Disclosure Information to be delivered hereunder, to the extent necessary, an <br />explanation of the reasons for the amendment and the effect of any change in the type of <br />financial information or operating data provided. <br />(2) In a timely manner, notice of the occurrence of any of the following events which is <br />a Material Fact (as hereinafter defined): <br />(A) Principal and interest payment delinquencies; <br />(B) Non - payment related defaults; <br />(C) Unscheduled draws on debt service reserves reflecting financial difficulties; <br />(D) Unscheduled draws on credit enhancements reflecting financial difficulties; <br />(E) Substitution of credit or liquidity providers, or their failure to perform; <br />(F) Adverse tax opinions or events affecting the tax- exempt status of the security; <br />(G) Modifications to rights of security holders; <br />(H) Bond calls; <br />(I) Defeasances; <br />(J) Release, substitution, or sale of property securing repayment of the securities; <br />and <br />(K) Rating changes. <br />As used herein, a Material Fact is a fact as to which a substantial likelihood exists that a <br />reasonably prudent .investor would attach importance thereto in deciding to buy, hold or sell a <br />Bond or, if not disclosed, would significantly alter the total information otherwise available to an <br />investor from the Official Statement, information disclosed hereunder or information generally <br />16 <br />
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