RES 02047 - Laserfiche WebLink

credit shall provide by its terms that it may be drav.n upon as provided herein. At least one year prior to the stated expiration of such letter of credit. the City shall either (i) deliver a replacement letter of credit, (ii) deliver an extension of the letter of credit for at least an additional vear or. if less, the final maturity of the Bonds. or (iii) deliver to the Trustee a surety bond or an insurance policy satisfying the requirements set forth below. Upon delivery of such replacement letter of credit. extended letter of credit, or surety bond or insurance policy, the Trustee shall deliver the then-effective letter of credit to or upon the written order of the City. If the City shall fail to deposit a replacement letter of credit. extended letter of credit or surety bond or insurance policy with the Trustee. the City shall immediately commence to make monthly deposits with the Trustee so that an amount equal to the Reserve Requirement will be on deposit in the Reserve Fund no later than the stated expiration date of the letter of credit. If an amount equal to the Reserve Requirement as of the date following the expiration of the letter of credit is not on deposit in the Reserve Fund one week prior to the stated expiration date of the letter of credit. the Trustee shall draw on the letter of credit to fund the deficiency resulting therefrom in the Reserve Fund. Additionally, the City may. with an opinion of nationally recognized bond counsel that such delivery complies with the provisions hereof. deliver to the Trustee a surety bond or an insurance policy securing an amount. together with moneys or letters of credit on deposit in the Reserve Fund. equal to the Reserve Requirement. Such surety bond or insurance policy shall be issued by an insurance company whose unsecured debt obligations (or for which obligations secured by such insurance cornpany's insurance policies) are rated in the highest rating category of Moody's and S&P. Such surety bond or insurance policy shall have a term of no less than the final maturity of the Bonds, In the event that such surety bond or insurance policy for any reason lapses or expires. the City shall immediately implement clause (i) or (iii) of the preceding paragraph or make the required deposits to the Reserve Fund. The Trustee shall. on a pro rata basis with respect to the portion of the Reserve Fund held in cash and amounts held in the form of letters of credit. surety bonds and insurance policies (calculated by reference to the maximum amounts of such letters of credit. surety bonds and insurance policies and the amount of the initial deposit of such cash). draw under each letter of credit. surety bond or insurance policy, in a timely manner and pursuant to the terms of such letter of credit. surety bond or insurance policy to the extent necessary in order to obtain sufficient funds on or prior to the date such funds are needed as required herein. In the event that a Responsible Officer of the Trustee has written notice that any payment of principal or interest on a Bond has been recovered from an Owner pursuant to the United States Bankruptcy Code by a trustee in bankruptcy in accordance with the final. nonappealable order of a court having cornpetent jurisdiction, the Trustee, pursuant to and provided that the terms of the letter of credit, surety bond or insurance policy. if any. securing such Bonds so provide. shall so notify the issuer thereof and draw on such letter of credit. surety bond or insurance policy to the lesser of the extent required or the maximum amount of such letter of credit. surety bond or insurance policy in order to pay such Bond Owners the principal and interest so recovered. Following the replacement of moneys then on deposit in the Reserve Fund by an irrevocable letter of credit. surety bond. or insurance policy as provided herein. any rnoneys on -21- Pleasanton Cross TO\\'n Indenture (2).DOC