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6097 (EXHIBIT A - E) (2)
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6097 (EXHIBIT A - E) (2)
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12/6/2004 2:47:14 PM
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Certificate Payment Fund are required to be sufficient to redeem and pay, and the City must redeem and pay, <br />on February 1 in each of the following years, the following principal of such Term Certificates: <br /> <br /> Principal <br />Year Amount* <br /> <br />2013 <br />2014 <br />2015 <br />2016 <br />2017+ <br /> <br />+Final maturity. <br /> <br /> Extraordinary Optional Prepayment in the Event of Damage, Destruction or Condemnation. The <br />Certificates are subject to prepayment in whole on such Payment Date as the Trustee determines as described <br />below, at a Prepayment Price equal to 100% of the principal amount to be prepaid, together with accrued <br />interest thereon to the date fixed for prepayment, but without premium, in the event that (1) the Leased <br />Property is damaged or destroyed, in whole or in part, or is taken in a condemnation proceeding, or certain <br />events occur with respect to the title to the Leased Property, (2) the Net Proceeds of any insurance policy or <br />condemnation award, plus all amounts required to be paid as deductibles thereunder, made available by reason <br />of one or more such occurrences, are insufficient to pay in full the cost of repairing, restoring, modifying, <br />improving or replacing the affected portion of the Leased Property, and (3) the City elects, pursuant to the <br />Lease, to apply such Net Proceeds to the payment of the Option Price applicable on the next occurring <br />Optional Prepayment Date together with such other money as the City is required to provide pursuant to the <br />Lease to assure that sufficient money is available to pay the Option Price in full. If so called for prepayment, <br />Certificates will be subject to prepayment on the next Payment Date for which timely notice of prepayment is <br />given as provided in the Indenture. See "SUMMARY OF CERTAIN PROVISIONS OF THE LEASE -- <br />Damage, Destruction and Condemnation" in AppendixA hereto. <br /> <br /> Mandatory Prepayment with Excess Construction Proceeds. The Certificates are subject to <br />mandatory prepayment at any time and to the extent of money on deposit in the Construction Fund if the City <br />Council determines that sufficient money is not available to complete the Project. Certificates to be prepaid in <br />accordance with this provision will be prepaid in inverse order of maturity at a prepayment price of 100% of <br />the principal component of Base Rentals represented by such Certificates to be prepaid, plus an amount equal <br />to the interest component of the Base Rentals accrued to the prepayment date, without premium. <br /> <br /> Partial Prepayment of Certificates. Certificates will be prepaid only in the principal amount of <br />$5,000 each or integral multiples thereof. In the case of a partial prepayment of Certificates when Certificates <br />of denominations greater than $5,000 are then outstanding, each $5,000 of principal amount will be treated as <br />though it were a separate Certificate of the denomination of $5,000. If it is determined that one or more, but <br />not all, of the $5,000 units of face value represented by any Certificate is to be called for prepayment, then <br />upon notice of intention to prepay such $5,000 unit or units, the owner of that Certificate must, without delay, <br />surrender such Certificate to the Trustee fo~ ~1) payment of the prepayment price of the $5,000 unit or units of <br />face value called for prepayment and (2) exchange, without charge to the owner thereof, for a new Certificate <br />or Certificates in any of the authorized denominations, at the option of the owner thereof, of the aggregate <br />principal amount of the unpaid balance of the principal component of Base Rentals represented by the <br />Certificate to be partially prepaid. If the owner of any such Certificate of a denomination greater than $5,000 <br />fails to present such Certificate to the Trustee for payment and exchange, the Base Rentals to be prepaid with <br /> <br />* Preliminary; subject to change. <br /> <br />-6- <br /> <br /> <br />
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