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Agenda - Council - 04/27/2010
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Agenda - Council - 04/27/2010
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3/18/2025 2:35:41 PM
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Meetings
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Agenda
Meeting Type
Council
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04/27/2010
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duly executed in blank, and on the Mandatory Tender Date, the Trustee shall purchase <br />this Bond or cause this Bond to be purchased at a purchase price equal to the principal <br />amount hereof plus accrued interest thereon from the most recent Variable Rate Interest <br />Payment Date. <br />(iii) If this Bond is not tendered on or before any Mandatory Tender Date, then <br />the Holder hereof shall not be entitled to receive interest on this Bond for any period <br />beginning on or after the Mandatory Tender Date and upon surrender of this Bond to the <br />Trustee, the Holder of this Bond shall be paid only an amount equal to the purchase price <br />of this Bond due on the Mandatory Tender Date. <br />[13] On or after November 1, 2001, the Bonds are subject to redemption in <br />whole or in part on any Business Day, at the option of the Company and with the consent of the <br />Bank, upon 35 days prior notice to the Trustee, at a Redemption Price equal to the principal <br />amount of the Bonds to be redeemed plus accrued interest thereon to the Redemption Date, <br />without premium. <br />[14] In the event of (a) damage to or destruction of the Project or any part <br />thereof or Condemnation of the Project or any part thereof or any changes in the Constitution or <br />laws of the United States of America or in the State of Minnesota and (b) termination of the Loan <br />Agreement; as provided in Section 8.4 of the Loan Agreement upon the occurrence of one of <br />those events, all Bonds shall be redeemed by the Issuer on the first Business Day for which <br />notice of redemption can properly be given, at a Redemption Price equal to the principal amount <br />of the Bonds to be redeemed plus accrued interest to the Redemption Date, without premium. <br />[15] During the Letter of Credit Period, as defined in the Indenture, the Bonds <br />are subject to mandatory redemption in whole at a Redemption Price equal to the principal <br />amount of the Bonds to be redeemed plus accrued interest to the Redemption Date on the date <br />established.pursuant to the Indenture, without premium, in the event that (a) the Company fails <br />to provide to the Trustee at least 35 days prior to the expiration of a Letter of Credit either an <br />extension of the existing Letter of Credit by the Bank or a commitment for an Alternate Letter of <br />Credit which shall be delivered at least five days prior to the expiration date; provided that in lieu <br />of redemption of the Bonds, the Company with the Bank's consent, or the Bank may require the <br />Bonds be tendered for purchase on the Redemption Date if certain conditions set forth in the <br />Indenture are satisfied; or (b) on the 60th day following the commencement of any proceeding <br />under any applicable insolvency, reorganization, or bankruptcy laws by or against the Bank, <br />unless the .Company provides an Alternate Letter of Credit to the Trustee at least 45 days <br />following the commencement of such proceedings. <br />[16] This Bond is subject to mandatory redemption in whole on the first <br />Business Day for which notice of redemption can properly be given as provided herein upon the <br />occurrence of a Determination of Taxability (as such term is defined in the Indenture) at a <br />Redemption Price equal to the principal amount of this Bond plus accrued interest thereon to the <br />Redemption Date, without premium. <br />[17] This Bond is subject to mandatory sinking fund redemption on December <br />1 in each of the following years and in the following principal amounts at a Redemption Price <br />8 <br />2496622v1 <br />
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