Continuing Disclosure Undertaking. Pursuant to Sections 1001(1) and 1512 of the Master Indenture, for purposes of the Bonds and for any bonds issued under the Master Indenture after the date hereof, Article XV is hereby deleted in its entirety.
Continuing Disclosure Undertaking. The School Board hereby agrees to comply with the terms of the Continuing Disclosure Certificate. Notwithstanding any other provision of the Series 2004-1 Lease, failure of the School Board to comply with the Continuing Disclosure Certificate shall not be considered an Event of Default; however, the Trustee may (and, at the request of any participating underwriter or the Holders of at least 25% aggregate principal amount in Outstanding Series 2004C Certificates, Outstanding Series 2012A Certificates or Series 2014A Certificates, shall) or any Holder of the Series 2004C Certificates, Series 2012A Certificates or Series 2014A Certificates or Beneficial Owner may take such actions as may be necessary and appropriate, including seeking specific performance by court order, to cause the School Board to comply with its obligations under this Section 9D. For purposes of this Section, “Beneficial Owner” means any person which (a) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Series 2004C Certificates, Series 2012A Certificates or Series 2014A Certificates (including persons holding Series 2004C Certificates, Series 2012A Certificates or Series 2014A Certificates through nominees, depositories or other intermediaries), or (b) is treated as the owner of any Series 2004C Certificates, Series 2012A Certificates or Series 2014A Certificates for federal income tax purposes.
Continuing Disclosure Undertaking. The continuing disclosure undertaking or agreement, if any, entered into by the Issuer with respect to the Securities in accordance with Rule 15c2-12 (which may be a separate document or may be included in the Bond Legislation or another Issuer Document).
Continuing Disclosure Undertaking. (i) This paragraph (cc) constitutes the written undertaking of the State for the benefit of the Certificate holders (which, for the purposes of this paragraph only, include the beneficial owners of the Certificates); such written undertaking is required in order to allow the Purchaser of the Certificates to comply with Rule 15c2-12 promulgated by the Securities and Exchange Commission (the "SEC") under the Securities Exchange Act of 1934, as amended, (17 CFR Part 240 (S) 240.15c2-12) (the "Rule").
(ii) For purposes of this paragraph (cc), following definitions apply:
Continuing Disclosure Undertaking. An executed copy of the Continuing Disclosure Undertaking, substantially in the form presented in the Preliminary Official Statement as Appendix D thereto;
Continuing Disclosure Undertaking. As used in this Section, the following terms have the meanings ascribed to such terms below:
Continuing Disclosure Undertaking. So long as any Bonds are outstanding, the Company will comply with its Continuing Disclosure Agreement dated as of the Issue Date, entered into by the Company for the benefit of the Bondholders in accordance with Securities and Exchange Commission Rule 15c2-12 under the Securities Exchange Act of 1934, as amended.
Continuing Disclosure Undertaking. Subject to annual appropriation to cover the costs of preparing and mailing thereof, the City shall comply with and carry out all of the provisions of the Continuing Disclosure Undertaking, dated , 2016 (the “Continuing Disclosure Agreement”). Notwithstanding any other provision of this Series 2016 Purchase Agreement, failure of the City to comply with the Continuing Disclosure Agreement shall not be considered a Purchase Event of Default, an Indenture Event of Default or other event of default; however, the Trustee (at the request of the registered holders of at least 25 percent aggregate principal amount in Outstanding Series 2016 Obligations and receipt of indemnity to its satisfaction) shall take such actions as may be necessary and appropriate, including seeking specific performance by court order, to cause the City to comply with its obligations under this Section.
Continuing Disclosure Undertaking. The Borrower hereby agrees, in accordance with the provisions of the Rule, to provide or cause to be provided, to each nationally recognized municipal securities information repository ("NRMSIR") designated by the Securities and Exchange Commission (the "Commission") in accordance with the Rule, and to the appropriate state information depository ("SID"), if any, designated by the State of Florida, the following annual financial information and operating data (the "Annual Information"), commencing with the fiscal year ended December 31, 1996: the annual 10-K report of Apartment Investment Management Company ("AIMCO") as filed with the Securities and Exchange Commission utilizing generally accepted accounting principles, except as may be modified from time to time and described in such report and other information regarding the Borrower and the Project in a manner consistent with the presentation of such information under the heading "THE OWNER AND THE PROJECT" in the Official Statement for the Bonds. The information in the preceding paragraph will be available on or before July 15th of each year for the preceding fiscal year and will be made available, in addition to the NRMSIR's and the SID, to each holder of Bonds who requests such information. If audited financial statements are not available by the said July 15 of any year, then the Borrower will make available unaudited financial statements. The audited financial statements are generally available within six months after the end of the fiscal year of AIMCO. The Borrower agrees to provide or cause to be provided, in a timely manner, to (i) each NRMSIR or to the Municipal Securities Rulemaking Board ("MSRB") and (ii) the SID, notice of the occurrence of any of the following events with respect to the Bonds, if material:
(a) principal and interest payment delinquencies;
(b) non-payment related defaults;
(c) unscheduled draws on debt service reserves reflecting financial difficulties;
(d) unscheduled draws on credit enhancements reflecting financial difficulties;
(e) substitution of credit or liquidity providers, or their failure to perform;
(f) adverse tax opinions or events affecting the tax-exempt status of the Bonds;
(g) modifications to rights of holders of the Bonds;
(h) bond calls;
(i) defeasance;
(j) release, substitution, or sale of any security securing repayment of the Bonds;
(k) rating changes, if any. The Borrower agrees to provide or cause to be provided, in a timely manner, to (i) each NRMS...
Continuing Disclosure Undertaking. The Corporation shall comply with any continuing disclosure undertaking entered into with respect to any Bonds pursuant to Rule 15c2-12 of the Securities and Exchange Commission. Notwithstanding anything herein to the contrary, the sole remedy for any failure by the Corporation to comply with any such continuing disclosure undertaking shall be specific performance pursuant to such continuing disclosure undertaking.
