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21 ATTACHMENT 3
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2021
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072021
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21 ATTACHMENT 3
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7/15/2021 2:13:11 PM
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7/15/2021 1:02:08 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
7/20/2021
DESTRUCT DATE
15Y
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21
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\CITY CLERK\AGENDA PACKETS\2021\072021
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<br />E-15 <br />governmental authority has assumed jurisdiction over substantially all of the assets or business <br />of the Member, or if such jurisdiction has been assumed by leaving the existing governing body <br />and officials or officers in possession but subject to the supervision and orders of a court or <br />governmental authority, or the entry of an order confirming a plan of reorganization, arrangement, <br />or liquidation by a court or governmental authority having supervision or jurisdiction over <br />substantially all of the assets or business of the Member. <br /> <br />(e) For purposes of Section 5(a)(15) and (16), “financial obligation” means a (i) debt <br />obligation; (ii) derivative instrument entered into in connection with, or pledged as security or a <br />source of payment for, an existing or planned debt obligation; or (iii) guarantee of (i) or (ii). The <br />term financial obligation shall not include municipal securities as to which a final official statement <br />has been provided to the MSRB consistent with the Rule. <br /> <br />Section 6. Identifying Information for Filings with the MSRB. All documents provided to <br />the MSRB under the Disclosure Certificate shall be accompanied by identifying information as <br />prescribed by the MSRB. <br /> <br />Section 7. Termination of Reporting Obligation. The Member’s obligations under this <br />Disclosure Certificate shall terminate upon the legal defeasance, prior redemption or payment in <br />full of all of the Bonds. If such termination occurs prior to the final maturity of the Bonds, the <br />Member shall give notice of such termination in the same manner as for a Listed Event under <br />Section 5(b). <br /> <br />Section 8. Dissemination Agent. The Member may, from time to time, appoint or engage <br />a Dissemination Agent to assist it in carrying out its obligations under this Disclosure Certificate, <br />and may discharge any Dissemination Agent, with or without appointing a successor <br />Dissemination Agent. The initial Dissemination Agent shall be U.S. Bank National Association. <br />Any Dissemination Agent may resign by providing 30 days’ written notice to the Member. <br /> <br />Section 9. Amendment; Waiver. Notwithstanding any other provision of this Disclosure <br />Certificate, the Member may amend this Disclosure Certificate, and any provision of this <br />Disclosure Certificate may be waived, provided that the following conditions are satisfied: <br /> <br />(a) if the amendment or waiver relates to the provisions of Sections 3(a), 4 or 5(a), it <br />may only be made in connection with a change in circumstances that arises from a change in <br />legal requirements, change in law, or change in the identity, nature, or status of an obligated <br />person with respect to the Bonds, or type of business conducted; <br /> <br />(b) the undertakings herein, as proposed to be amended or waived, would, in the <br />opinion of nationally recognized bond counsel, have complied with the requirements of the Rule <br />at the time of the primary offering of the Bonds, after taking into account any amendments or <br />interpretations of the Rule, as well as any change in circumstances; and <br /> <br />(c) the proposed amendment or waiver either (i) is approved by holders of the Bonds <br />in the manner provided in the Indenture for amendments to the Indenture with the consent of <br />holders, or (ii) does not, in the opinion of nationally recognized bond counsel, materially impair <br />the interests of the holders or beneficial owners of the Bonds. <br /> <br />If the annual financial information or operating data to be provided in the Annual Report is <br />amended pursuant to the provisions hereof, the first Annual Report filed pursuant hereto <br />containing the amended operating data or financial information shall explain, in narrative form,
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