Agenda - Council - 07/12/2022 - Laserfiche WebLink

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any excess shall be so credited against future sinking fund redemption obligations on such Bonds in chronological order. In the event the Company shall avail itself of the provisions of clause (i) of the first sentence of this paragraph, the certificate required by the first sentence of this paragraph shall be accompanied by the Bonds to be canceled. SECTION 3.2. Notice of Redemption. (a) With respect to a notice of redemption under sections 3.1(a),(b), or (c), notice of the call for any redemption, identifying the Bonds or portions thereof to be redeemed, shall be given to the Trustee at least twenty-five (25) days prior to the date fixed for redemption (or such shorter time as may be agreed upon by the Trustee) and given by the Trustee by mailing a copy of the redemption notice by first-class mail at least twenty(20) days and not more than forty-five(45) days prior to the date fixed for redemption to the Registered Owner of each Bond to be redeemed in whole or in part at the address shown on the registration books; provided, however, that failure to give such notice by mailing,or any defect therein, shall not affect the validity of any proceedings for the redemption of any Bond with respect to which no such failure has occurred; and provided also that no such notice,with respect to a redemption pursuant to Section 3.1(a) or(b)hereof, shall be mailed unless (i) such notice is a Conditional Redemption(as defined in subsection(b)below), or (ii) the Trustee has sufficient money and/or Governmental Obligations on deposit, which may be evidenced by the report of an Independent Accountant or other qualified professional, (or has received evidence that an escrow bank has sufficient money and/or Governmental Obligations on deposit) to pay the principal of, premium, if any, and interest on the Bonds being so redeemed. The notice of redemption shall set forth the complete title of the issue (including series designation), CUSIP number, the date of the issue, maturity, the date fixed for redemption, the redemption price to be paid and, if less than all of the Bonds of any one maturity then Outstanding shall be called for redemption, the distinctive numbers and letters of such Bonds to be redeemed and, in the case of Bonds to be redeemed in part only, the portion of the principal amount thereof to be redeemed, and the place or places of redemption, including the name, address and phone number of a contact person. The Trustee shall provide a notice of redemption with respect to a mandatory sinking fund redemption under Section 3.1(d) (b) In the case of an optional redemption pursuant to Section 3.1(a), or (b) hereof, the notice may state (i) that it is conditioned upon the deposit of money, in an amount equal to the redemption price of the Bonds to be redeemed and prepaid, with the Trustee on or before the redemption date or (ii) that the Company retains the right to rescind such notice on or prior to the scheduled redemption date (in either case, a "Conditional Redemption"), and such notice and optional redemption shall be of no effect if such money is not so deposited or if the notice is rescinded as hereinafter described. On or before the redemption date, funds sufficient to redeem such Bonds, including accrued interest thereon to the redemption date, shall be deposited with the Trustee. The Bonds thus called shall not, on or after the specified redemption date, bear any interest and, except for the purpose of payment, shall not be entitled to the lien of this Indenture. Any Conditional Redemption may be rescinded in whole, not in part, at any time on or before the redemption date if the Company delivers a certificate of the Company to the Issuer and the Trustee at least five (5) days prior to the redemption date instructing the Trustee to rescind the redemption notice. A certificate of the Company delivered by the Company to the Issuer and the Trustee less than five (5) days prior to the redemption date will have no force and effect and will not rescind any Conditional Redemption. The Trustee shall give prompt notice of any properly tendered notice 33 735810810