Common use of General Provisions for Issuance of Bonds Clause in Contracts

General Provisions for Issuance of Bonds. (a) Bonds of any Series shall be authorized by a Supplemental Trust Agreement, which shall be authorized by the Governor and Council, and which shall specify: (i) The authorized principal amount, designation, manner of numbering and lettering and Series of such Bonds; (ii) the provisions of Section 203(b), (c), (d), (e), (f), (g) and/or (h) applicable to such Series of Bonds; (iii) the purpose for which such Bonds are being issued, which shall be one or more of the purposes specified in Sections 205, 206 or Section 207; (iv) the date of such Bonds and the date or dates of maturity thereof; (v) the Redemption Price or Prices and the time or times and other terms of redemption, if any, of any of such Bonds; (vi) the amount and date of each Sinking Fund Payment, if any, required to be paid for the retirement of any of such Bonds of like maturity, expressed as an amount payable on an interest payment date of such Bonds sufficient to redeem or pay at the applicable Redemption Price thereof on said date a specified principal amount of the Bonds of said maturity; (vii) the manner in which the proceeds of such Bonds are to be applied; (viii) if so determined by the State Treasurer, provisions for sale of such Bonds; (ix) the additions and variations, if any, to the form of the Bonds as set forth in Article XII applicable to the amortization and redemption provisions of such Bonds; (x) any provisions required or, if so determined by the State Treasurer, permitted by Section 203; (xi) specification of record dates or provisions with respect thereto for purposes of determining the registered owners to whom interest shall be paid; and (xii) any other provisions deemed advisable by the State Treasurer not in conflict with this Trust Agreement; provided that any Applicable Supplemental Trust Agreement may delegate to the State Treasurer the power to determine any of the matters referenced in this Section 204(a) at or prior to the date of issuance of the applicable Series of Bonds. (b) Each Applicable Supplemental Trust Agreement shall provide for Principal Installments sufficient to retire all Bonds of the Series authorized not later than the last maturity date of such Series and shall otherwise mature in amounts and at such dates consistent with the Act and other provisions of law establishing the term for Bonds issued under the Act. (c) The Bonds of each Series shall be executed by the State Treasurer and the Governor and delivered to the Paying Agent for such Series of Bonds and by it authenticated and delivered to or upon the order of the State, but only upon notification by the Trustee that it has received: (i) A Bond Counsel’s opinion to the effect that (a) the State has the right and power under the Act to enter into this Trust Agreement and the Applicable Supplemental Trust Agreement and each has been duly and lawfully executed on behalf of the State by the State Treasurer, this Trust Agreement and the Applicable Supplemental Trust Agreement are in full force and effect and are valid and binding upon the State and enforceable in accordance with their terms, and no other authorization for this Trust Agreement and the Applicable Supplemental Trust Agreement is required, (b) this Trust Agreement creates the valid pledge which it purports to create of the Pledged Funds in the manner and to the extent provided herein and the Applicable Supplemental Trust Agreement and (c) the Bonds of such Series are valid and binding special obligations of the State, enforceable in accordance with their terms and the terms of this Trust Agreement and entitled to the benefits of the Act and this Trust Agreement; (ii) A written order of an Authorized Officer as to the authentication and delivery of such Bonds; (iii) This Trust Agreement and the Applicable Supplemental Trust Agreement executed by the State Treasurer and the Trustee; (iv) The instruments or agreements evidencing or representing any Credit Enhancement or Liquidity Facility required by the Applicable Supplemental Trust Agreement; and (v) Such further documents and moneys as are required by Sections 205, 206, 207 or Article IX or by the Applicable Supplemental Trust Agreement.

Appears in 1 contract

Samples: Trust Agreement

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General Provisions for Issuance of Bonds. (a) Bonds of any Series shall be authorized by a Supplemental Trust Agreement, which shall be authorized by the Governor and Council, and Agreement which shall specify: (i) The authorized principal amount, designation, manner of numbering and lettering and Series of such Bonds; (ii) the provisions of Section 203(b), (c), (d), (e), (f), (g) and/or (hg) applicable to such Series of Bonds; (iii) the purpose for which such Bonds are being issued, which shall be one or more of the purposes specified in Sections 205, 206 or Section 207; (iv) whether such Bonds are being issued as Senior Bonds or as Subordinated Bonds; (v) the date of such Bonds and the date or dates of maturity Debt Service Payment Dates thereof; (vvi) the Redemption Price or Prices and the time or times and other terms of redemption, if any, of any of such Bonds; (vivii) the amount and date of each Sinking Fund Payment, if any, required to be paid for the retirement of any of such Bonds of like maturity, expressed as an amount payable on an interest payment date a Debt Service Payment Date of such Bonds sufficient to redeem or pay at the applicable Redemption Price thereof on said date a specified principal amount of the Bonds of said maturity; (viiviii) the Series Debt Service Reserve Fund Requirement, if any; (ix) the manner in which the proceeds of such Bonds are to be applied; (viiix) if so determined by the State TreasurerAuthority, provisions for sale of such Bonds; (ixxi) the additions and variations, if any, to the form of such Bonds or the Bonds as set forth in Article XII applicable to manner of determining the amortization and redemption provisions of such Bondssame; (xxii) any provisions required or, if so determined by the State TreasurerAuthority, permitted by Section 203; (xixiii) specification of record dates or provisions with respect thereto for purposes of determining the registered owners Registered Owners to whom interest shall be paid; and (xiixiv) any other provisions deemed advisable by the State Treasurer Authority not in conflict with this Trust Agreement; provided that any Applicable Supplemental Trust Agreement may delegate to the State Treasurer the power to determine any of the matters referenced in this Section 204(a) at or prior to the date of issuance of the applicable Series of Bonds. (b) Each Applicable Supplemental Trust Agreement shall provide for Principal Installments sufficient to retire all Bonds of the Series authorized not later than the last maturity date of such Series and shall otherwise mature in amounts and at such dates consistent with the Act and other provisions of law establishing the term for Bonds issued under the ActSeries. (c) The Bonds of each Series shall be executed by the State Treasurer and the Governor Authority and delivered to the Paying Agent Trustee for such Series of Bonds authentication and delivery by it authenticated and delivered the Trustee to or upon the order of the StateAuthority, but only upon notification receipt by the Trustee that it has receivedof: (i) A Bond Counsel’s opinion addressed to the Trustee (or a letter of reliance thereon) to the effect that (a) the State Authority has the right and power under the Act to enter into this Trust Agreement and the Applicable Supplemental Trust Agreement and each has been duly and lawfully executed on behalf of the State by the State Treasurer, Authority; (b) this Trust Agreement and the Applicable Supplemental Trust Agreement are in full force and effect and are valid and binding upon the State Authority and enforceable in accordance with their terms, and no other authorization for this Trust Agreement and the Applicable Supplemental Trust Agreement is required, ; (bc) this Trust Agreement creates the valid pledge which it purports to create of the Pledged Funds Trust Estate in the manner and to the extent provided herein and the Applicable Supplemental Trust Agreement Agreement; and (cd) the Bonds of such Series are valid and binding special obligations of the StateAuthority, enforceable in accordance with their terms and the terms of this Trust Agreement and entitled the Applicable Supplemental Trust Agreement, provided that such opinion of Bond Counsel may take an exception on account of the laws of bankruptcy and insolvency and of other laws affecting creditors’ rights generally and to the benefits exercise of the Act and this Trust Agreement;judicial discretion in accordance with general equitable principles. (ii) A written order of an Authorized Officer as to the authentication and delivery of such Bonds; (iii) This Trust Agreement and the Applicable Supplemental Trust Agreement executed by an Authorized Officer on behalf of the State Treasurer Authority and the Trustee; (iv) The instruments or agreements evidencing or representing any Credit Enhancement or Liquidity Facility required by the Applicable Supplemental Trust Agreement; and (v) Such further documents and moneys as are required by Sections 205, 206, 207 or Article IX or by the Applicable Supplemental Trust Agreement.

Appears in 1 contract

Samples: Trust Agreement

General Provisions for Issuance of Bonds. The Authority may at any time by Supplemental Indenture establish one or more Series of Bonds, payable from the Revenues as provided herein and secured by a pledge of and charge and lien upon the Revenues as provided herein. The Bonds shall be executed by the Authority for issuance and delivery to the Trustee and thereupon shall be authenticated by the Trustee and delivered to the purchasers thereof upon written order of the Authority [with the consent of the County], but only upon receipt by the Trustee of the following: (a) Bonds An original executed copy of any Series shall be authorized by a the Supplemental Trust AgreementIndenture authorizing such Bonds, which shall be authorized by the Governor and Council, and which Supplemental Indenture shall specify: (i) The authorized the purpose for which such Series of Bonds is being issued; (ii) whether such Bonds shall bear interest at a fixed or variable rate, and, if variable, the method of determining such rate; (iii) whether the interest on such Bonds shall be federally taxable or tax- exempt; (iv) the Series of such Bonds, the date or dates, the Interest Payment Dates, the principal amount, designation, manner of numbering payment dates and lettering and Series the maturity date or dates of such Bonds; (ii) the provisions of Section 203(b), (c), (d), (e), (f), (g) and/or (h) applicable to such Series of Bonds; (iii) the purpose for which such Bonds are being issued, which shall be one or more of the purposes specified in Sections 205, 206 or Section 207; (iv) the date of such Bonds and the date or dates of maturity thereof; (v) the Redemption Price or Prices manner of dating and the time or times and other terms of redemption, if any, of any of numbering such Bonds; (vi) the place or places of payment of the principal or redemption, tender or purchase price, and the manner of payment of interest on, such Bonds; (vii) any redemption, tender or purchase provisions for such Bonds; (viii) the amount and due date of each Mandatory Sinking Fund Payment, if any, required to be paid for the retirement of any of such Bonds of like maturity, expressed as an amount payable on an interest payment date of such Bonds sufficient to redeem or pay at the applicable Redemption Price thereof on said date a specified principal amount of the Bonds of said maturity; (vii) the manner in which the proceeds of such Bonds are to be applied; (viii) if so determined by the State Treasurer, provisions for sale of such Bonds; (ix) the additions amounts to be deposited in the funds and variations, if any, to accounts created and established by this Indenture and the form of the Bonds as set forth in Article XII applicable to the amortization and redemption provisions of Supplemental Indenture authorizing such Bonds; (x) any provisions required or, if so determined by the State Treasurer, permitted by Section 203; (xi) specification of record dates or provisions with respect thereto for purposes of determining the registered owners to whom interest shall be paid; and (xii) any other provisions deemed advisable by the State Treasurer Authority that are not in conflict with this Trust Agreement; provided that any Applicable Supplemental Trust Agreement may delegate to the State Treasurer the power to determine any of the matters referenced in this Section 204(a) at or prior to the date of issuance of the applicable Series of Bonds.provisions hereof; (b) Each Applicable Supplemental Trust Agreement shall provide for Principal Installments sufficient to retire all Bonds An opinion of Bond Counsel, dated the Series authorized not later than the last maturity date of such Series and shall otherwise mature in amounts and at such dates consistent with the Act and other provisions of law establishing the term for Bonds issued under the Act. (c) The Bonds of each Series shall be executed by the State Treasurer and the Governor and delivered delivery thereof, to the Paying Agent for such Series of Bonds and by it authenticated and delivered to or upon the order of the State, but only upon notification by the Trustee that it has received: effect that: (i) A Bond Counsel’s opinion to the effect that (a) the State has the right and power under the Act to enter into this Trust Agreement and the Applicable such Supplemental Trust Agreement and each has been duly and lawfully executed on behalf of the State by the State Treasurer, this Trust Agreement and the Applicable Supplemental Trust Agreement are in full force and effect and are Indenture is a valid and binding upon the State and enforceable in accordance with their terms, and no other authorization for this Trust Agreement and the Applicable Supplemental Trust Agreement is required, (b) this Trust Agreement creates the valid pledge which it purports to create obligation of the Pledged Funds in the manner and to the extent provided herein and the Applicable Supplemental Trust Agreement and (c) the Bonds of such Series are valid and binding special obligations of the State, enforceable in accordance with their terms and the terms of this Trust Agreement and entitled to the benefits of the Act and this Trust Agreement; (ii) A written order of an Authorized Officer as to the authentication and delivery of such Bonds; (iii) This Trust Agreement and the Applicable Supplemental Trust Agreement executed by the State Treasurer and the Trustee; (iv) The instruments or agreements evidencing or representing any Credit Enhancement or Liquidity Facility required by the Applicable Supplemental Trust Agreement; Authority and (v) Such further documents and moneys as are required by Sections 205, 206, 207 or Article IX or by the Applicable Supplemental Trust Agreement.

Appears in 1 contract

Samples: Master Indenture

General Provisions for Issuance of Bonds. All (abut not less than all) Bonds of any Series shall be authorized by a Supplemental Trust Agreement, which shall be authorized by the Governor and Council, and which shall specify: (i) The authorized principal amount, designation, manner of numbering and lettering and Series of such Bonds; (ii) the provisions of Section 203(b), (c), (d), (e), (f), (g) and/or (h) applicable to such Series of Bonds; (iii) the purpose for which such Bonds are being issued, which shall be one or more of the purposes specified in Sections 205, 206 or Section 207; (iv) the date of such Bonds and the date or dates of maturity thereof; (v) the Redemption Price or Prices and the time or times and other terms of redemption, if any, of any of such Bonds; (vi) the amount and date of each Sinking Fund Payment, if any, required to be paid for the retirement of any of such Bonds of like maturity, expressed as an amount payable on an interest payment date of such Bonds sufficient to redeem or pay at the applicable Redemption Price thereof on said date a specified principal amount of the Bonds of said maturity; (vii) the manner in which the proceeds of such Bonds are to be applied; (viii) if so determined by the State Treasurer, provisions for sale of such Bonds; (ix) the additions and variations, if any, to the form of the Bonds as set forth in Article XII applicable to the amortization and redemption provisions of such Bonds; (x) any provisions required or, if so determined by the State Treasurer, permitted by Section 203; (xi) specification of record dates or provisions with respect thereto for purposes of determining the registered owners to whom interest shall be paid; and (xii) any other provisions deemed advisable by the State Treasurer not in conflict with this Trust Agreement; provided that any Applicable Supplemental Trust Agreement may delegate to the State Treasurer the power to determine any of the matters referenced in this Section 204(a) at or prior to the date of issuance of the applicable Series of Bonds. (b) Each Applicable Supplemental Trust Agreement shall provide for Principal Installments sufficient to retire all Bonds of the Series authorized not later than the last maturity date of such Series and shall otherwise mature in amounts and at such dates consistent with the Act and other provisions of law establishing the term for Bonds issued under the Act. (c) The Bonds of each Series shall be executed by the State Treasurer and the Governor Authority for issuance under this 2015 Bond Resolution and delivered to the Paying Agent for such Series of Bonds Trustee and by it thereupon shall be authenticated and delivered by the Trustee to the Authority or upon the order of the Stateits order, but only upon notification the receipt by the Trustee that it has receivedof: 1. A written order as to the delivery of such Bonds, signed by an Authority Officer; 2. A copy of this 2015 Bond Resolution authorizing such Bonds, certified by an Authority Officer; 3. A Counsel's Opinion (which shall be addressed to the Authority and the Trustee) to the effect that: (i) A Bond Counsel’s opinion to the effect that (a) the State Authority has the right and power under the Act to enter into adopt this Trust Agreement 2015 Bond Resolution and the Applicable Supplemental Trust Agreement and each this 2015 Bond Resolution has been duly and lawfully executed on behalf of the State adopted by the State TreasurerAuthority, this Trust Agreement and the Applicable Supplemental Trust Agreement are is in full force and effect and are is valid and binding upon the State and enforceable Authority in accordance with their its terms, and no other authorization for this Trust Agreement and the Applicable Supplemental Trust Agreement 2015 Bond Resolution is required, ; (bii) this Trust Agreement 2015 Bond Resolution creates the valid pledge which it purports to create of the Pledged Funds in the manner moneys, securities and to the extent provided herein and the Applicable Supplemental Trust Agreement funds held or set aside under this 2015 Bond Resolution; and (ciii) the Bonds of such Series are legal, valid and binding special obligations of the StateAuthority as provided in this 2015 Bond Resolution, enforceable in accordance with their terms and the terms of this Trust Agreement 2015 Bond Resolution and entitled of the Act, as amended to the benefits date of such Counsel's Opinion, and such Bonds have been duly and validly authorized and issued in accordance with law, including the Act Act, as amended to the date of such Counsel's Opinion, and in accordance with this Trust Agreement; (ii) A written order of an Authorized Officer 2015 Bond Resolution; provided, that such Counsel's Opinion may take exception for limitations imposed by or resulting from bankruptcy, insolvency, moratorium, reorganization or other laws or equitable principles relating to creditors' rights generally and state that no Counsel's Opinion is being rendered as to the authentication availability of any particular remedy; 4. The amounts specified in this 2015 Bond Resolution authorizing the Bonds to be deposited in any Fund under this 2015 Bond Resolution; 5. Such further documents, moneys and securities as the Trustee shall reasonably require for delivery of such the Bonds; (iii) This Trust Agreement and the Applicable Supplemental Trust Agreement executed by the State Treasurer and the Trustee; (iv) The instruments or agreements evidencing or representing any Credit Enhancement or Liquidity Facility required by the Applicable Supplemental Trust Agreement; and (v) Such further documents and moneys as are required by Sections 205, 206, 207 or Article IX or by the Applicable Supplemental Trust Agreement.

Appears in 1 contract

Samples: Resolution

General Provisions for Issuance of Bonds. (aA) Bonds of any Series shall be authorized by a Supplemental Trust Agreement, which shall be authorized by the Governor and Council, and Agreement which shall specify: (i1) The the authorized principal amount, designation, manner of numbering and lettering and Series of such Bonds; (ii2) the provisions of Section 203(b2.3(B), (cC), (dD), (e), (f), (gE) and/or (hF) applicable to such Series of Bonds; (iii3) the purpose for which such Bonds are being issued, which shall be one or more of the purposes specified in Sections 2052.5, 206 2.6 or Section 2072.7; (iv4) the date of such Bonds and the date or dates of maturity Debt Service Payment Dates thereof; (v5) the Redemption Price or Prices and the time or times and other terms of redemption, if any, of any of such Bonds; (vi6) the amount and date of each Sinking Fund Payment, if any, required to be paid for the retirement of any of such Bonds of like maturity, expressed as an amount payable on an interest payment date a Debt Service Payment Date of such Bonds sufficient to redeem or pay at the applicable Redemption Price thereof on said date a specified principal amount of the Bonds of said maturity; (vii7) the Series Debt Service Reserve Fund Requirement, if any; (8) the manner in which the proceeds of such Bonds are to be applied, including the Borrowers and Loans to be funded with Bond proceeds; (viii9) if so determined by the State TreasurerTrust, provisions for sale of such Bonds; (ix10) the additions and variations, if any, to the form of such Bonds or the Bonds as set forth in Article XII applicable to manner of determining the amortization and redemption provisions of such Bondssame; (x) any provisions required or, if so determined by the State Treasurer, permitted by Section 203; (xi11) specification of record dates or provisions with respect thereto for purposes of determining the registered owners Registered Owners to whom interest shall be paid; and (xii12) any other provisions deemed advisable by the State Treasurer Trust not in conflict with this Trust Agreement; provided that any Applicable Supplemental Trust Agreement may delegate to the State Treasurer the power to determine any of the matters referenced in this Section 204(a) at or prior to the date of issuance of the applicable Series of Bonds. (bB) Each Applicable applicable Supplemental Trust Agreement shall provide for Principal Installments principal installments sufficient to retire all Bonds of the Series authorized not later than the last maturity date of such Series and shall otherwise mature in amounts and at such dates consistent with the Act and other provisions of law establishing the term for Bonds issued under the ActSeries. (cC) The Bonds of each Series shall be executed by the State Treasurer and the Governor Trust and delivered to the Paying Agent Master Trustee for such Series of Bonds authentication and delivery by it authenticated and delivered the Master Trustee to or upon the order of the StateTrust, but only upon notification receipt by the Master Trustee that it has receivedof: (i1) A Bond Counsel’s opinion addressed to the Master Trustee (or a letter of reliance thereon) to the effect that (a) the State Trust has the right and power under the Act to enter into this Trust Agreement and the Applicable applicable Supplemental Trust Agreement and each has been duly and lawfully executed on behalf of the State by the State Treasurer, Trust; (b) this Trust Agreement and the Applicable applicable Supplemental Trust Agreement are in full force and effect and are valid and binding upon the State Trust and enforceable in accordance with their terms, and no other authorization for this Trust Agreement and the Applicable applicable Supplemental Trust Agreement is required, ; (bc) this Trust Agreement creates the valid pledge which it purports to create of the Pledged Funds Trust Estate in the manner and to the extent provided herein and the Applicable Supplemental Trust Agreement and (c) the Bonds of such Series are valid and binding special obligations of the State, enforceable in accordance with their terms and the terms of this Trust Agreement and entitled to the benefits of the Act and this Trust Agreement; (ii) A written order of an Authorized Officer as to the authentication and delivery of such Bonds; (iii) This Trust Agreement and the Applicable Supplemental Trust Agreement executed by the State Treasurer and the Trustee; (iv) The instruments or agreements evidencing or representing any Credit Enhancement or Liquidity Facility required by the Applicable applicable Supplemental Trust Agreement; and (v) Such further documents and moneys as are required by Sections 205, 206, 207 or Article IX or by the Applicable Supplemental Trust Agreement.

Appears in 1 contract

Samples: Master Trust Agreement

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General Provisions for Issuance of Bonds. (aA) Bonds of any Series shall be authorized by a Supplemental Trust Agreement, which shall be authorized by the Governor and Council, and which shall specify: (i) The authorized principal amount, designation, manner of numbering and lettering and Series of such Bonds; (ii) the provisions of Section 203(b), (c), (d), (e), (f), (g) and/or (h) applicable to such Series of Bonds; (iii) the purpose for which such Bonds are being issued, which shall be one or more of the purposes specified in Sections 205, 206 or Section 207; (iv) the date of such Bonds and the date or dates of maturity thereof; (v) the Redemption Price or Prices and the time or times and other terms of redemption, if any, of any of such Bonds; (vi) the amount and date of each Sinking Fund Payment, if any, required to be paid for the retirement of any of such Bonds of like maturity, expressed as an amount payable on an interest payment date of such Bonds sufficient to redeem or pay at the applicable Redemption Price thereof on said date a specified principal amount of the Bonds of said maturity; (vii) the manner in which the proceeds of such Bonds are to be applied; (viii) if so determined by the State Treasurer, provisions for sale of such Bonds; (ix) the additions and variations, if any, to the form of the Bonds as set forth in Article XII applicable to the amortization and redemption provisions of such Bonds; (x) any provisions required or, if so determined by the State Treasurer, permitted by Section 203; (xi) specification of record dates or provisions with respect thereto for purposes of determining the registered owners to whom interest shall be paid; and (xii) any other provisions deemed advisable by the State Treasurer not in conflict with this Trust Agreement; provided that any Applicable Supplemental Trust Agreement may delegate to the State Treasurer the power to determine any of the matters referenced in this Section 204(a) at or prior to the date of issuance of the applicable Series of Bonds. (b) Each Applicable Supplemental Trust Agreement shall provide for Principal Installments sufficient to retire all Bonds of the Series authorized not later than the last maturity date of such Series and shall otherwise mature in amounts and at such dates consistent with the Act and other provisions of law establishing the term for Bonds issued under the Act. (c) The Bonds of each Series shall be executed by the State Treasurer and the Governor XXXXXX and delivered to the Paying Agent Trustee and thereupon shall be authenticated by the Trustee and delivered to SANDAG or upon its order, but only upon the receipt by the Trustee, at or prior to such authentication, of: (1) A Counsel’s Opinion regarding the validity and enforceability of such Bonds and the federal income tax treatment of the interest on such Bonds. (2) A written order as to the delivery of such Bonds signed by an Authorized Officer, which order shall direct, among other things, the application of the proceeds of such Bonds. (3) In the case of the 2019 Bonds, an executed copy of this Indenture; and in the case of each Series of Refunding Bonds, an executed copy of the Supplemental Indenture authorizing such Bonds, which shall specify: (a) The authorized principal amount, designation and Series of such Bonds. (b) The purposes for which such Series of Bonds and by it authenticated and delivered to or upon the order of the State, but only upon notification by the Trustee that it has received:is being issued. (i) A Bond Counsel’s opinion to the effect that (a) the State has the right and power under the Act to enter into this Trust Agreement and the Applicable Supplemental Trust Agreement and each has been duly and lawfully executed on behalf of the State by the State Treasurer, this Trust Agreement and the Applicable Supplemental Trust Agreement are in full force and effect and are valid and binding upon the State and enforceable in accordance with their terms, and no other authorization for this Trust Agreement and the Applicable Supplemental Trust Agreement is required, (b) this Trust Agreement creates the valid pledge which it purports to create of the Pledged Funds in the manner and to the extent provided herein and the Applicable Supplemental Trust Agreement and (c) The date, and the maturity date or dates, of the Bonds of such (d) The interest rate or rates of the Bonds of such Series, or the manner of determining such rate or rates, and the Interest Payment Dates and Record Dates therefor. (e) The Authorized Denominations and the manner of dating, numbering and lettering of the Bonds of such Series. (f) The Redemption Price or Prices, if any, and any redemption dates and terms for the Bonds of such Series are valid not determined herein. (g) The amount and binding special obligations date of each Sinking Fund Installment, if any, for Bonds of like maturity of such Series, provided that the aggregate of such Sinking Fund Installments shall equal the aggregate principal amount of all such Bonds less the principal amount scheduled to be retired at maturity. (4) The amount of the State, enforceable in accordance with their terms and the terms of this Trust Agreement and entitled to the benefits of the Act and this Trust Agreement; (ii) A written order of an Authorized Officer as to the Debt Service Reserve Requirement calculated by SANDAG immediately after such authentication and delivery and, except as otherwise provided by Section 506(D)(1), evidence of the deposit of sufficient funds to the Debt Service Reserve Fund to cause the amount on deposit therein on the date of such Bonds;authentication and delivery to equal the Debt Service Reserve Requirement. (iii) This Trust Agreement and the Applicable Supplemental Trust Agreement executed by the State Treasurer and the Trustee; (iv) The instruments or agreements evidencing or representing any Credit Enhancement or Liquidity Facility required by the Applicable Supplemental Trust Agreement; and (v5) Such further documents documents, moneys and moneys securities as are required by Sections 205, 206, 207 the provisions of this Indenture or Article IX or by the Applicable any Supplemental Trust AgreementIndenture.

Appears in 1 contract

Samples: Trust Indenture

General Provisions for Issuance of Bonds. (aA) Bonds of any Series shall be authorized by a Supplemental Trust Agreement, which shall be authorized by the Governor and Council, and Agreement which shall specify: (i1) The the authorized principal amount, designation, manner of numbering and lettering and Series of such Bonds; (ii2) the provisions of Section 203(b2.3(B), (cC), (dD), (e), (f), (gE) and/or (hF) applicable to such Series of Bonds; (iii3) the purpose for which such Bonds are being issued, which shall be one or more of the purposes specified in Sections 2052.5, 206 2.6 or Section 2072.7; (iv4) the date of such Bonds and the date or dates of maturity Debt Service Payment Dates thereof; (v5) the Redemption Price or Prices and the time or times and other terms of redemption, if any, of any of such Bonds; (vi6) the amount and date of each Sinking Fund Payment, if any, required to be paid for the retirement of any of such Bonds of like maturity, expressed as an amount payable on an interest payment date a Debt Service Payment Date of such Bonds sufficient to redeem or pay at the applicable Redemption Price thereof on said date a specified principal amount of the Bonds of said maturity; (vii7) the Series Debt Service Reserve Fund Requirement, if any; (8) the manner in which the proceeds of such Bonds are to be applied, including the Borrowers and Loans to be funded with Bond proceeds; (viii9) if so determined by the State TreasurerTrust, provisions for sale of such Bonds; (ix10) the additions and variations, if any, to the form of such Bonds or the Bonds as set forth in Article XII applicable to manner of determining the amortization and redemption provisions of such Bondssame; (x) any provisions required or, if so determined by the State Treasurer, permitted by Section 203; (xi11) specification of record dates or provisions with respect thereto for purposes of determining the registered owners Registered Owners to whom interest shall be paid; and (xii12) any other provisions deemed advisable by the State Treasurer Trust not in conflict with this Trust Agreement; provided that any Applicable Supplemental Trust Agreement may delegate to the State Treasurer the power to determine any of the matters referenced in this Section 204(a) at or prior to the date of issuance of the applicable Series of Bonds. (bB) Each Applicable applicable Supplemental Trust Agreement shall provide for Principal Installments principal installments sufficient to retire all Bonds of the Series authorized not later than the last maturity date of such Series and shall otherwise mature in amounts and at such dates consistent with the Act and other provisions of law establishing the term for Bonds issued under the ActSeries. (cC) The Bonds of each Series shall be executed by the State Treasurer and the Governor Trust and delivered to the Paying Agent Master Trustee for such Series of Bonds authentication and delivery by it authenticated and delivered the Master Trustee to or upon the order of the StateTrust, but only upon notification receipt by the Master Trustee that it has receivedof: (i1) A Bond Counsel’s opinion addressed to the Master Trustee (or a letter of reliance thereon) to the effect that (a) the State Trust has the right and power under the Act to enter into this Trust Agreement and the Applicable applicable Supplemental Trust Agreement and each has been duly and lawfully executed on behalf of the State by the State Treasurer, Trust; (b) this Trust Agreement and the Applicable applicable Supplemental Trust Agreement are in full force and effect and are valid and binding upon the State Trust and enforceable in accordance with their terms, and no other authorization for this Trust Agreement and the Applicable applicable Supplemental Trust Agreement is required, ; (bc) this Trust Agreement creates the valid pledge which it purports to create of the Pledged Funds Trust Estate in the manner and to the extent provided herein and the Applicable applicable Supplemental Trust Agreement Agreement; and (cd) the Bonds of such Series are valid and binding special obligations of the StateTrust, enforceable in accordance with their terms and the terms of this Trust Agreement and entitled the applicable Supplemental Trust Agreement, provided that such opinion of Bond Counsel may take an exception on account of the laws of bankruptcy and insolvency and of other laws affecting creditors’ rights generally and to the benefits exercise of the Act and this Trust Agreement;judicial discretion in accordance with general equitable principles. (ii2) A written order of an Authorized Officer as to the authentication and delivery of such Bonds; (iii3) This Trust Agreement and the Applicable applicable Supplemental Trust Agreement executed by an Authorized Officer on behalf of the State Treasurer Trust and the Master Trustee; (iv4) The instruments or agreements evidencing or representing any Credit Enhancement or Liquidity Facility required by the Applicable applicable Supplemental Trust Agreement; and (v5) Such further documents and moneys as are required by Sections 205, 206, 207 or Article IX or by the Applicable Supplemental Trust Agreement.by

Appears in 1 contract

Samples: Master Trust Agreement

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