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1996-042
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1996-042
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Last modified
10/19/2015 3:53:36 PM
Creation date
10/15/2015 2:28:16 PM
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Resolutions
Resolution Number
1996-042
Approved Date
03/19/1996
Resolution Type
Sale of water and sewer revenue bonds
Subject
Bonb Purchase Contract
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MUNICIPAL BOND INSURANCE AND DEBT SERVICE RESERVE FUND POLICY <br />Bond Insurance <br />The following information under this heading has been furnished by the Bond Insurer for use in this <br />Official Statement. Reference is made to Appendix F for a specimen of the Bond Insurer's policy. <br />Concurrently with the issuance of the Series 1996 Bonds, the Bond Insurer will issue its Municipal Bond <br />New Issue Insurance Policy for the Series 1996 Bonds (the "Policy"). The Policy unconditionally guarantees the <br />payment of that portion of the principal of and interest on the Series 1996 Bonds which has become due for <br />payment, but shall be unpaid by reasons of nonpayment by the County. The Bond Insurer will make such pay- <br />ments to State Street Bank and Trust Company, NA., or its successor as its agent (the "Fiscal Agent"), on the <br />later of the date on which such principal and interest is due or on the business day next following the day on <br />which the Bond Insurer shall have received telephonic or telegraphic notice, subsequently confirmed in writing, <br />or written notice by registered or certified mail, from an Owner of Series 1996 Bonds or the Paying Agent of <br />the nonpayment of such amount by the County. The Fiscal Agent will disburse such amount due on any Series <br />1996 Bond to its Owner upon receipt by the Fiscal Agent of evidence satisfactory to the Fiscal Agent of the <br />Owner's right to receive payment of the principal and interest due for payment and evidence, including any <br />appropriate instruments of assignment, that all of such Owner's rights to payment of such principal and interest <br />shall be vested in the Bond Insurer. The term "nonpayment" in respect of a Series 1996 Bond includes any <br />payment of principal or interest made to an Owner of a Series 1996 Bond which has been recovered from such <br />Owner pursuant to the United States Bankruptcy Code by a trustee in bankruptcy in accordance with a final, <br />nonappealable order of a court having competent jurisdiction. <br />The Policy is non -cancellable and the premium will be fully paid at the time of delivery of the Series <br />1996 Bonds. The Policy covers failure to pay principal of the Series 1996 Bonds on their respective stated <br />maturity dates or dates on which the same shall have been duly called for mandatory sinking fund redemption, <br />and not on any other date on which the Series 1996 Bonds may have been otherwise called for redemption, <br />accelerated or advanced in maturity, and covers the failure to pay an installment of interest on the stated date <br />for its payment. <br />Generally, in connection with its insurance of an issue of municipal securities, the Bond Insurer requires, <br />among other things, (i) that it be granted the power to exercise any rights granted to the holders of such <br />securities upon the occurrence of an event of default, without the consent of such holders, and that such holders <br />may not exercise such rights without the Bond Insurer's consent, in each case so long as the Bond Insurer has <br />not failed to comply with its payment obligations under its insurance policy; and (ii) that any amendment or <br />supplement to or other modification of the principal legal documents be subject to the Bond Insurer's consent. <br />The specific rights, if any, granted to the Bond Insurer in connection with its insurance of the Series 1996 Bonds <br />are set forth in the description of the principal legal documents appearing elsewhere in this Official Statement. <br />Reference should be made as well to such description for a discussion of the circumstances, if any, under which <br />the County is required to provide additional or substitute credit enhancement, and related matters. <br />The Policy is not covered by the Property/Casualty Insurance Security Fund specified in Article 76 of <br />the New York Insurance Law or by the Florida Insurance Guaranty Association. <br />Debt Senice Reserve Fund Polky <br />Concurrently with the issuance of the Series 1996 Bonds, Financial Guaranty Insurance Company <br />(*Financial Gu ranty") will issue its Municipal Bond Debt Service Reserve Fund Policy (the "Reserve Policy). <br />The Reserve Policy unconditionally guarantees the payment of that portion of the principal of and interest on <br />the Series 1996 Bonds which has become due for payment, but shall be unpaid by reason of nonpayment by the <br />County, provided that the aggregate amount paid under the Reserve Policy may not exceed the maximum amount <br />13 <br />
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