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CC PACKET 03222011
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CC PACKET 03222011
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7/30/2015 10:01:22 AM
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4/30/2014 4:43:39 PM
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City Council
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36 <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 <br />under paragraph (b)(1) at the time specified thereunder; <br />(B) the amendment or supplementing of this Section 8 pursuant to <br />subsection (d), together with a copy of such amendment or supplement and any <br />explanation provided by the City under subsection (d)(2); <br />(C) the termination of the obligations of the City under this Section 8 <br />pursuant to 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; 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 <br />in subsection (b) to the following entities by telecopy, overnight delivery, mail or other means, as <br />appropriate: <br />(1) the information described in paragraphs (1), (2) and (3) of <br />subsection (b), to the MSRB through EMMA; <br />(2) the information described in subsection (b) to any rating agency <br />then maintaining a rating of the Bonds at the request of the City and, at the <br />expense of such Bondowner, to any Bondowner who requests in writing such <br />information, at the time of transmission under paragraph (1) of this subsection (c), <br />or, if such information is transmitted with a subsequent time of release, at the time <br />such information is to be released; <br />(3) all documents provided to the MSRB shall be accompanied by <br />identifying information as prescribed by the MSRB. <br />(d) Term; Amendments; Interpretation. <br />(1) The covenants of the City in this Section 8 shall remain in effect so long as any <br />Bonds are Outstanding. Notwithstanding the preceding sentence, however, the obligations of the <br />City under this Section 8 shall terminate and be without further effect as of any date on which the <br />City delivers to the Registrar an opinion of Bond Counsel to the effect that, because of legislative <br />action or final judicial or administrative actions or proceedings, the failure of the City to comply <br />with the requirements of this Section 8 will not cause participating underwriters in the primary <br />offering of the Bonds to be in violation of the Rule or other applicable requirements of the <br />Securities Exchange Act of 1934, as amended, or any statutes or laws successory thereto or <br />amendatory thereof. <br />-20- <br />
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