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Resolution 2004-090
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Resolution 2004-090
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available to the public. Notwithstanding the foregoing sentence, a Material Fact is also an event <br />that would be deemed material for purposes of the purchase, holding or sale of a Bond within the <br />meaning of applicable federal securities laws, as interpreted at the time of discovery of the <br />occurrence of the event. <br />(3) In a timely manner, notice of the occurrence of any of the following events or <br />conditions: <br />(A) the failure of the City to provide the Disclosure Information required under <br />paragraph (b)(1) at the time specified thereunder; <br />(B) the amendment or suppleinenting of this section pursuant to subsection (d), <br />together with a copy of such amendment or supplement and any explanation <br />provided by the City under subsection (d)(2); <br />(C) the termination of the obligations of the City under this section pursuant to <br />subsection (d); <br />(D) any change in the accounting principles pursuant to which the financial <br />statements constituting a portion of the Disclosure Information are prepared; <br />and <br />(E) any change in the fiscal year of the City. <br />(c) Manner of Disclosure. The City agrees to make available the information described in <br />subsection (b) to the following entities by telecopy, overnight delivery, mail or other means, as <br />appropriate: <br />(1) the information described in paragraph (1) of subsectioi, (b), to each then- nationally <br />recognized municipal securities information repository under the Rule and to any <br />state information depository then designated or operated by the State of Minnesota <br />as contemplated by the Rule (the State Depository), if any; <br />(2) the information described in paragraphs' (2) and (3) of subsection (b), to the <br />Municipal Securities Rulemaking Board and to the State Depository, if any; and <br />(3) the information described in subsection (b), to any rating agency then maintaining a <br />rating of the Bonds at the request of the City and, at the expense of such Bondowner, <br />to any Bondowner who requests in writing such information, at the time of <br />transmission under paragraphs (1) or (2) of this subsection (c), as the case may be, <br />or, if such information is transmitted with a subsequent time of release, at the time <br />such information is to be released. <br />(d) Term; Amendments; Intemretation. <br />(1) The covenants of the City in this section shall remain in effect so long as any Bonds <br />are Outstanding. Notwithstanding the preceding sentence, however, the obligations <br />of the City under this section shall terminate and be without further effect as of any <br />date on which the City delivers to the Registrar an opinion of Bond Counsel to the <br />effect that, because of legislative action or final judicial or administrative actions or <br />17 <br />
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