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RES 2024025
City of Pleasanton
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RES 2024025
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5/10/2024 4:29:09 PM
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
5/7/2024
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<br /> <br /> <br />12 <br />Receipt and Use of Revenues under Indenture <br /> <br />Assignment to Trustee. Under the Indenture, the Authority irrevocably transfers, <br />assigns and sets over to the Trustee, without recourse to the Authority, all of its rights in the <br />Installment Sale Agreement (excepting only the Authority’s rights relating to indemnification and <br />related matters), including but not limited to all of the Authority’s rights to receive and collect all <br />of the Installment Payments. The Trustee is entitled to collect and receive all of the Installment <br />Payments, and any Installment Payments collected or received by the Authority shall be <br />deemed to be held, and to have been collected or received, by the Authority as the agent of the <br />Trustee and shall forthwith be paid by the Authority to the Trustee. The Trustee is also entitled <br />to and shall, subject to the provisions of the Indenture, take all steps, actions and proceedings <br />which the Trustee determines to be reasonably necessary in its judgment to enforce, either <br />jointly with the Authority or separately, all of the rights of the Authority and all of the obligations <br />of the City under the Installment Sale Agreement. <br /> <br />Deposit and Use of Revenues in Bond Fund. All Revenues (consisting, primarily, of <br />the Installment Payments) shall be promptly deposited by the Trustee upon receipt in a special <br />fund designated as the “Bond Fund” which the Trustee shall establish, maintain and hold in <br />trust; except that all moneys received by the Trustee and required under the Indenture or under <br />the Installment Sale Agreement to be deposited in the Redemption Fund shall be promptly <br />deposited in such fund. All Revenues deposited with the Trustee shall be held, disbursed, <br />allocated and applied by the Trustee only as provided in the Indenture. Any surplus remaining <br />in the Bond Fund, after payment in full of (i) the principal of and interest on the Bonds or <br />provision therefore under the Indenture, and (ii) any applicable fees and expenses of the <br />Trustee, shall be withdrawn by the Trustee and remitted to the City. <br /> <br />On or before each Interest Payment Date, the Trustee shall transfer from the Bond Fund <br />and deposit into the following respective accounts (each of which the Trustee shall establish <br />and maintain within the Bond Fund), the following amounts in the following order of priority: <br /> <br />Interest Account. The Trustee shall deposit in the Interest Account an amount <br />required to cause the aggregate amount on deposit in the Interest Account to be at least <br />equal to the amount of interest becoming due and payable on such Interest Payment <br />Date on all Bonds then Outstanding. All amounts in the Interest Account shall be used <br />and withdrawn by the Trustee solely for the purpose of paying interest on the Bonds as it <br />comes due and payable (including accrued interest on any Bonds purchased or <br />redeemed prior to maturity). <br /> <br />Principal Account. The Trustee shall deposit in the Principal Account an amount <br />required to cause the aggregate amount on deposit in the Principal Account to equal the <br />principal amount of the Bonds coming due and payable on each April 1, including the <br />aggregate principal amount of the Term Bonds (if any) which are subject to mandatory <br />sinking fund redemption on such April 1 pursuant to the Indenture. All amounts in the <br />Principal Account shall be used and withdrawn by the Trustee solely to pay the principal <br />amount of the Bonds on their respective maturity dates, including the aggregate principal <br />amount of the Term Bonds (if any) which are subject to mandatory sinking fund <br />redemption on such April 1 pursuant to the Indenture. <br /> <br />Deposit and Use of Revenues in Redemption Fund. The Trustee shall establish and <br />maintain the Redemption Fund, into which the Trustee shall deposit a portion of the Revenues <br />received representing optional prepayments of the Installment Payments, in accordance with a
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