Agenda - Council - 04/27/2010 - Laserfiche WebLink

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(i) giving to the Trustee and the Remarketing Agent notice by written or printed, telex or other means of written or printed instantaneous communication delivered to the Trustee at its principal corporate trust office and the Remarketing Agent at its principal office (the "Optional Tender Notice") stating: (1) the principal amount of this Bond and the name of the holder hereof, and (2) the date on which this Bond is to be purchased (the "Optional Tender Date"), which date (i) so long as this Bond is accruing interest at the Weekly Rate or the Monthly Rate, shall be a Business Day on or next prior to the seventh calendar day next succeeding the date of the giving of the Optional Tender Notice and (ii) so long as this Bond is accruing interest at the Daily Rate, shall be the Business Day on which the Optional Tender Notice is given not later than 9:00 a.m. Minnesota time; and (ii) delivery of this Bond (with an appropriate instrument of transfer executed in blank) to the Trustee by 11:00 o'clock a.m., Minnesota time, on the Business Day prior to the Optional Tender Date. [11] On the Optional Tender Date the Trustee shall purchase this Bond from the Holder hereof using only funds available under the Indenture at a purchase price equal to the principal amount hereof plus accrued interest thereon. [12] A Mandatory Tender Date shall occur on the Fixed Rate Conversion Date and any date on which the Bonds are called for mandatory tender, in lieu of mandatory redemption, as hereinafter described. Subject to the provisions of (ii) below, the Holder hereof shall be required to tender this Bond to the Trustee on or before 12:00 o'clock Noon, Minnesota time on the Business Day prior to the Mandatory Tender Date, for purchase on the Mandatory Tender Date at a purchase price equal to the principal amount hereof plus accrued interest thereon, all as more fully provided herein and in the Indenture. (i) Notice of a Mandatory Tender Date (a "Mandatory Tender Notice") shall be given by the Trustee, by first class mail, to the Holder of this Bond at its address appearing on the registration books for the Bonds maintained by the Trustee, not less than thirty days prior to the Fixed Rate Conversion Date. Such Mandatory Tender Notice shall specify the Fixed Rate Conversion Date and state (a) the reason for the mandatory tender, (b) that all Bonds shall be purchased on the Fixed Rate Conversion Date at a purchase price equal to the principal amount thereof plus accrued interest thereon, and (c) that all Bonds must be tendered for purchase at or before 12:00 o'clock Noon, Minnesota time on the Business Day prior to the Mandatory Tender Date, together with an appropriate instrument of transfer executed in blank and any such Bond which is not tendered but for which there has been irrevocably deposited in the Special Account in the Bond Purchase Fund (as such term is defined in the Indenture) with the Trustee an amount sufficient to pay the purchase price thereof (an "Untendered Bond") shall not be entitled to receive interest on such Bond on and after the relevant Mandatory Tender Date. (ii) This Bond shall be tendered to the Trustee for purchase at or before 12:00 o'clock Noon, Minnesota time on the Business Day prior to the Mandatory Tender Date, by delivering this Bond to the Trustee together with an appropriate instrument of transfer 7 2496622v1