Common use of Provision of Annual Reports Clause in Contracts

Provision of Annual Reports. (a) The County shall, or shall cause the Dissemination Agent to, provide to XXXX not later than [three hundred sixty five (365)][two hundred seventy (270)] days after the close of its Fiscal Year, beginning with the Fiscal Year ending December 31, 2021, an Annual Report. (b) The Annual Report shall consist of the County’s annual audited financial statements. (c) Not later than five (5) Business Days prior to the dates specified in subsection (a) above for providing the Annual Report, the County shall provide the Annual Report, as applicable, in PDF format, word-searchable, to the Dissemination Agent, together with a certificate of compliance substantially in the form of Exhibit B hereto and with instructions to file such report as specified in subsection (a) above or provide a written certification to the Dissemination Agent that the County has provided the Annual Report to EMMA. (d) If the Dissemination Agent has not received the Annual Report and instructions or the written certification of the County as provided in subsection (c) above by the date specified in subsection (a) above, the Dissemination Agent shall send to XXXX timely notice of such in substantially the form of Exhibit A hereto. (e) The Dissemination Agent shall have no obligation to disclose information except as expressly provided herein. (f) If on the seventh day prior to each filing date of any Annual Report the Dissemination Agent has not received a copy of such report, the Dissemination Agent shall contact the County by telephone and in writing (which may be by e-mail) to remind the County of its undertaking to provide such report pursuant to Section 3(b) (above). Upon such reminder, the County shall either (i) provide the Dissemination Agent with an electronic copy of the report in accordance with Section 3(b) (above), or (ii) instruct the Dissemination Agent in writing that the County will not be able to file such report within the time required under this Undertaking, state the date by which the report will be provided and instruct the Dissemination Agent immediately send a notice to XXXX in substantially the form attached as Exhibit A hereto.

Appears in 2 contracts

Samples: Continuing Disclosure Agreement, Continuing Disclosure Agreement

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Provision of Annual Reports. (a) The County shall, or shall cause the Dissemination Agent to, provide to XXXX not later than [three hundred sixty five (365)][two hundred seventy (270)] days seven months after the close end of its Fiscal Yearthe County’s fiscal year (presently June 30), beginning commencing with the Fiscal Year fiscal year ending December 31June 30, 2021, 2014 provide to each Repository an Annual ReportReport which is consistent with the requirements of Section 4 hereof. The Annual Report may be submitted as a single document or as separate documents comprising a package, and may include by reference other information as provided in Section 4 hereof; provided that the audited financial statements of the County may be submitted separately from the balance of the Annual Report and later than the date required above for the filing of the Annual Report if they are not available by that date. If the County’s fiscal year changes, it shall give notice of such change in the same manner as for a Listed Event under Section 5. (b) The Annual Report shall consist of the County’s annual audited financial statements. (c) Not later than five fifteen (515) Business Days business days prior to the dates date specified in subsection (aSection 3(a) above for providing the Annual ReportReport to Repositories, the County shall provide the Annual Report, as applicable, in PDF format, word-searchable, Report to the Dissemination Agent, together with a certificate of compliance substantially in the form of Exhibit B hereto and with instructions to file if such report as specified in subsection (a) above or provide a written certification to the Dissemination Agent that the County has provided the Annual Report to EMMAis appointed. (dc) If the Dissemination Agent has not received County is unable to provide to the Repositories an Annual Report and instructions or the written certification of the County as provided in subsection (c) above by the date specified required in subsection (a) above, the Dissemination Agent shall send to XXXX timely notice of such in substantially the form of Exhibit A hereto. (e) The Dissemination Agent shall have no obligation to disclose information except as expressly provided herein. (f) If on the seventh day prior to each filing date of any Annual Report the Dissemination Agent has not received a copy of such report, the Dissemination Agent shall contact the County by telephone and in writing (which may be by e-mail) to remind the County of its undertaking to provide such report pursuant to Section 3(b) (above3(a). Upon such reminder, the County shall either (i) provide the Dissemination Agent with an electronic copy of the report in accordance with Section 3(b) (above), or (ii) instruct the Dissemination Agent in writing that the County will not be able to file such report within the time required under this Undertaking, state the date by which the report will be provided and instruct the Dissemination Agent immediately send a notice to XXXX the National Repositories, the Municipal Securities Rulemaking Board and the State Depository, if any, in substantially the form attached as Exhibit A heretoSchedule I. (d) The Dissemination Agent shall: (i) determine each year prior to the date for providing the Annual Report the name and address of each National Depository and the State Repository, if any; and (ii) file a report with the County certifying that the Annual Report has been provided pursuant to this Disclosure Undertaking, stating the date it was provided and listing all the Repositories to which it was provided.

Appears in 2 contracts

Samples: Second Supplement to Lease Agreement, Lease Agreement

Provision of Annual Reports. (a) The County shall, or shall cause the Dissemination Agent to, provide to XXXX not later than [three hundred sixty five (365)][two hundred seventy (270)] days seven months after the close end of its Fiscal Yearthe County’s fiscal year (presently June 30), beginning commencing with the Fiscal Year fiscal year ending December 31June 30, 2021, 2017 provide to each Repository an Annual ReportReport which is consistent with the requirements of Section 4 hereof. The Annual Report may be submitted as a single document or as separate documents comprising a package, and may include by reference other information as provided in Section 4 hereof; provided that the audited financial statements of the County may be submitted separately from the balance of the Annual Report and later than the date required above for the filing of the Annual Report if they are not available by that date. If the County’s fiscal year changes, it shall give notice of such change in the same manner as for a Listed Event under Section 5. (b) The Annual Report shall consist of the County’s annual audited financial statements. (c) Not later than five fifteen (515) Business Days business days prior to the dates date specified in subsection (aSection 3(a) above for providing the Annual ReportReport to Repositories, the County shall provide the Annual Report, as applicable, in PDF format, word-searchable, Report to the Dissemination Agent, together with a certificate of compliance substantially in the form of Exhibit B hereto and with instructions to file if such report as specified in subsection (a) above or provide a written certification to the Dissemination Agent that the County has provided the Annual Report to EMMAis appointed. (dc) If the Dissemination Agent has not received County is unable to provide to the Repositories an Annual Report and instructions or the written certification of the County as provided in subsection (c) above by the date specified required in subsection (a) above, the Dissemination Agent shall send to XXXX timely notice of such in substantially the form of Exhibit A hereto. (e) The Dissemination Agent shall have no obligation to disclose information except as expressly provided herein. (f) If on the seventh day prior to each filing date of any Annual Report the Dissemination Agent has not received a copy of such report, the Dissemination Agent shall contact the County by telephone and in writing (which may be by e-mail) to remind the County of its undertaking to provide such report pursuant to Section 3(b) (above3(a). Upon such reminder, the County shall either (i) provide the Dissemination Agent with an electronic copy of the report in accordance with Section 3(b) (above), or (ii) instruct the Dissemination Agent in writing that the County will not be able to file such report within the time required under this Undertaking, state the date by which the report will be provided and instruct the Dissemination Agent immediately send a notice to XXXX the National Repositories, the Municipal Securities Rulemaking Board and the State Depository, if any, in substantially the form attached as Exhibit A heretoSchedule I. (d) The Dissemination Agent shall: (i) determine each year prior to the date for providing the Annual Report the name and address of each National Depository and the State Repository, if any; and (ii) file a report with the County certifying that the Annual Report has been provided pursuant to this Disclosure Undertaking, stating the date it was provided and listing all the Repositories to which it was provided.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

Provision of Annual Reports. (a) The County shall, or shall cause the Dissemination Agent to, provide to XXXX not later than [three two hundred sixty five (365)][two hundred seventy 365seventy (270)] ) days after the close of its Fiscal Year, beginning with the Fiscal Year ending [December 31, 2021], an Annual Report. (b) The Annual Report shall consist of the County’s annual audited financial statements. (c) Not later than five (5) Business Days prior to the dates specified in subsection (a) above for providing the Annual Report, the County shall provide the Annual Report, as applicable, in PDF format, word-searchable, to the Dissemination Agent, together with a certificate of compliance substantially in the form of Exhibit B hereto and with instructions to file such report as specified in subsection (a) above or provide a written certification to the Dissemination Agent that the County has provided the Annual Report to EMMA. (d) If the Dissemination Agent has not received the Annual Report and instructions or the written certification of the County as provided in subsection (c) above by the date specified in subsection (a) above, the Dissemination Agent shall send to XXXX EMMA timely notice of such in substantially the form of Exhibit A hereto. (e) The Dissemination Agent shall have no obligation to disclose information except as expressly provided herein. (f) If on the seventh day prior to each filing date of any Annual Report the Dissemination Agent has not received a copy of such report, the Dissemination Agent shall contact the County by telephone and in writing (which may be by e-mail) to remind the County of its undertaking to provide such report pursuant to Section 3(b) (above). Upon such reminder, the County shall either (i) provide the Dissemination Agent with an electronic copy of the report in accordance with Section 3(b) (above), or (ii) instruct the Dissemination Agent in writing that the County will not be able to file such report within the time required under this Undertaking, state the date by which the report will be provided and instruct the Dissemination Agent immediately send a notice to XXXX in substantially the form attached as Exhibit A hereto.

Appears in 1 contract

Samples: Continuing Disclosure Agreement

Provision of Annual Reports. (a) The County shallIssuer shall provide, or shall cause the Dissemination Agent toto provide, provide to XXXX not later than [three hundred sixty five (365)][two hundred seventy (270)] 120 days after the close end of its each Fiscal Year, beginning commencing with the report for the Fiscal Year ending December 31June 30, 20212010, to EMMA, an Annual ReportReport which is consistent with the requirements of Section 4 of this Agreement. In each case, the Annual Report may be submitted as a single document or as separate documents comprising a package, and may cross-reference other information as provided in Section 4 of this Agreement. If the Fiscal Year of the University changes, the Issuer shall notify the Dissemination Agent and the Bond Trustee in writing of such change and, upon receipt of such notice, the Dissemination Agent will notify XXXX in writing of such change. (b) The Annual Report shall consist of the County’s annual audited financial statements. (c) Not later than five fifteen (515) Business Days prior to the dates date specified in subsection (a) for providing the Annual Reports to XXXX, the Issuer shall provide the Annual Report to the Dissemination Agent. If, by such date, the Dissemination Agent has not received a copy of an Annual Report, the Dissemination Agent shall contact the Issuer to determine if the Issuer is in compliance with subsection (a) above. (c) If the Issuer determines to provide the Annual Report directly to XXXX, it shall provide the Dissemination Agent with written notice of such determination prior to the date specified in subsection (a) above for providing filing the Annual Report, the County shall provide the Annual Report, as applicable, in PDF format, word-searchable, to the Dissemination Agent, together with a certificate of compliance substantially in the form of Exhibit B hereto and with instructions to file such report as specified in subsection (a) above or provide a written certification to the Dissemination Agent that the County has provided the Annual Report to EMMA. (d) . If the Dissemination Agent has not received the is unable to verify that an Annual Report and instructions or the written certification of the County as has been provided in subsection (c) above to XXXX by the date specified required in subsection (a) above, the Dissemination Agent shall send to XXXX timely notice of such in substantially the form of Exhibit A hereto. (e) The Dissemination Agent shall have no obligation to disclose information except as expressly provided herein. (f) If on the seventh day prior to each filing date of any Annual Report the Dissemination Agent has not received a copy of such report, the Dissemination Agent shall contact the County by telephone and in writing (which may be by e-mail) to remind the County of its undertaking to provide such report pursuant to Section 3(b) (above). Upon such reminder, the County shall either (i) provide the Dissemination Agent with an electronic copy of the report in accordance with Section 3(b) (above), or (ii) instruct the Dissemination Agent in writing that the County will not be able to file such report within the time required under this Undertaking, state the date by which the report will be provided and instruct the Dissemination Agent immediately send a notice to XXXX in substantially the form attached hereto as Exhibit A heretoA, with a copy to the Issuer and the University. (d) The Dissemination Agent shall, if and to the extent the Issuer has provided the Annual Report to the Dissemination Agent, file a report with the Bond Trustee (if the Dissemination Agent is not the Bond Trustee) certifying that the Annual Report has been provided pursuant to this Agreement and stating the date it was provided.

Appears in 1 contract

Samples: Continuing Disclosure Undertaking

Provision of Annual Reports. (a) The County shall, or shall cause the Dissemination Agent to, provide to XXXX not later than [three hundred sixty five (365)][two hundred seventy (270)] days nine months after the close end of its the County’s fiscal year (presently June 30), commencing with the report for the 2009-10 Fiscal Year, beginning provide to the Repository an Annual Report which is consistent with the Fiscal Year ending December 31requirements of Section 4 of this Disclosure Agreement. The Annual Report must be submitted in electronic format, 2021accompanied by such identifying information as is prescribed by the Repository, an and may include by reference other information as provided in Section 4 of this Disclosure Agreement; provided, that the audited financial statements of the County may be submitted separately from the balance of the Annual ReportReport and later than the date required above for the filing of the Annual Report if they are not available by that date. If the County’s fiscal year changes, it shall give notice of such change in the same manner as for a Listed Event under Section 5(f). (b) The Annual Report shall consist of the County’s annual audited financial statements. (c) Not later than five thirty (530) days (not more than sixty (60) days) prior to the date on which the Annual Report is to be provided pursuant to subsection (a), the Dissemination Agent shall give notice to the County that the Annual Report is so required to be filed in accordance with the terms of this Disclosure Agreement. Not later than fifteen (15) Business Days prior to the dates specified in subsection (a) above for providing the Annual Report, the County shall provide the Annual Report, as applicable, in PDF format, word-searchable, to the Dissemination Agent, together with a certificate of compliance substantially in the form of Exhibit B hereto and with instructions to file such report as specified in subsection (a) above or provide a written certification to the Dissemination Agent that the County has provided the Annual Report to EMMA. (d) If the Dissemination Agent has not received the Annual Report and instructions or the written certification of the County as provided in subsection (c) above by the date specified in subsection (a) abovefor providing the Annual Report to the Repository, the County shall provide the Annual Report to the Dissemination Agent shall send to XXXX timely notice of such in substantially (if other than the form of Exhibit A hereto. (e) The Dissemination Agent shall have no obligation to disclose information except as expressly provided herein. (f) County). If on the seventh day prior to each filing date of any Annual Report by said date, the Dissemination Agent has not received a copy of such reportthe Annual Report, the Dissemination Agent shall contact the County by telephone and in writing (which may be by e-mail) to remind notify the County of its undertaking such failure to receive the Annual Report. (c) If the County is unable to provide such report pursuant to Section 3(b) (above). Upon such reminder, the County shall either (i) provide the Dissemination Agent with an electronic copy of Annual Report by the report date required in accordance with Section 3(b) subsection (abovea), or (ii) instruct the Dissemination Agent in writing that the County will not be able is irrevocably instructed to file such report within a notice, in electronic format, to the time required under this Undertaking, state the date by which the report will be provided and instruct the Dissemination Agent immediately send a notice to XXXX Repository in substantially the form attached hereto as Exhibit A heretoA. The Dissemination Agent shall file a report with the County stating that the Annual Report has been provided pursuant to this Disclosure Agreement and stating the date it was provided.

Appears in 1 contract

Samples: Continuing Disclosure Agreement

Provision of Annual Reports. (ai) The County FWC shall, or shall cause the Dissemination Agent to, provide to XXXX not later than [three hundred sixty five (365)][two hundred seventy (270)] 120 days after the close end of its Fiscal YearFWC’s fiscal year, beginning commencing with the Fiscal Year report for FWC’s fiscal year ending December 31, 20212000, provide to the Issuer and to each Repository an Annual Report. (b) The Annual Report shall consist which is consistent with the requirements of the County’s annual audited financial statements. clause (c) Not later than five (5) Business Days prior to the dates specified in subsection (a) above for providing the Annual Reportof this Continuing Disclosure Covenant; provided, however, the County shall provide the Annual Report, as applicable, in PDF format, word-searchable, to the Dissemination Agent, together with a certificate of compliance substantially in the form of Exhibit B hereto and with instructions to file such report as specified in subsection (a) above or provide a written certification to the Dissemination Agent that the County has provided the Annual Report to EMMA. (d) If the Dissemination Agent has not received the Annual Report and instructions or the written certification of the County as provided in subsection (c) above by the date specified in subsection (a) above, the Dissemination Agent shall send to XXXX timely notice of such in substantially the form of Exhibit A hereto. (e) The Dissemination Agent shall have no obligation to disclose examine said Annual Report as to its form, substance, or compliance with clause (c) below. In each case, the Annual Report may be submitted as a single document or as separate documents comprising a package, and may crossreference other information except as expressly provided hereinin clause (c) of this Continuing Disclosure Covenant; provided that the audited financial statements of FWC may be submitted separately from the balance of the Annual Report and later than the date required above for the filing of the Annual Report if they are not available by that date. If the fiscal year of FWC shall change, FWC shall give notice of such change in the same manner as for a Listed Event under clause (d)(vi) of this Continuing Disclosure Covenant. (fii) If on the seventh day Not later than thirty (30) Business Days prior to each filing the date specified in subclause (i) of any this clause (b) for providing the Annual Report to the Repositories, FWC shall provide sufficient copies of the Annual Report to the Issuer, the Dissemination Agent and the Trustee (if the Trustee is not the Dissemination Agent) for each of the Repositories. If by such date the Trustee has not received a copy of such reportthe Annual Report, the Trustee shall contact FWC and the Dissemination Agent shall contact (if the County by telephone and in writing (which may be by e-mailTrustee is not the Dissemination Agent) to remind determine if FWC is in compliance with the County first sentence of its undertaking this subclause (ii). (iii) If the Trustee is unable to provide such report pursuant verify that an Annual Report has been provided to Section 3(b) (above). Upon such reminder, the County shall either Issuer and the Repositories by the date required in subclause (i) provide the Dissemination Agent with an electronic copy of the report in accordance with Section 3(b) this clause (aboveb), or (ii) instruct the Dissemination Agent in writing that the County will not be able to file such report within the time required under this Undertaking, state the date by which the report will be provided and instruct the Dissemination Agent immediately Trustee shall send a notice to XXXX the Issuer and to each Repository in substantially the form attached set forth below: Name of Issuer: VILLAGE OF XXXXXXX, ILLINOIS Name of Bond Issue: RESOURCE RECOVERY REVENUE BONDS (XXXXXXX RESOURCE RECOVERY PARTNERS, L.P. PROJECT), $ SERIES 1999C AND $ SERIES 1999D Name of Obligated Person: XXXXXXX RESOURCE RECOVERY PARTNERS, L.P. Original Date of Issuance: NOVEMBER 23, 1994 Date of First Exchange: OCTOBER 15, 1996 Date of Most Recent Exchange: , 2000 NOTICE IS HEREBY GIVEN that FWC has not provided an Annual Report with respect to the above-named Bonds as Exhibit A heretorequired by the Continuing Disclosure Covenant contained in the Exit Funding Agreement dated October 15, 1999 between the Dissemination Agent and FWC. [FWC has advised the undersigned that it anticipates that the Annual Report will be filed by [INSERT DATE].] Dated: SunTrust Bank, Central Florida, National Association, as Dissemination Agent on behalf of FWC cc: FWC Issuer (iv) The Dissemination Agent shall: (1) determine each year prior to the date for providing the Annual Report the name and address of each National Repository and the State Repository, if any; and (2) file a report with the Company, the Issuer and (if the Dissemination Agent is not the Trustee) the Trustee certifying that the Annual Report, in the form furnished to it by FWC, has been provided pursuant to this Continuing Disclosure Covenant, stating the date it was provided, and listing all the Repositories to which it was provided.

Appears in 1 contract

Samples: Exit Funding Agreement (Foster Wheeler Inc)

Provision of Annual Reports. (a) The County shall, or shall cause the Dissemination Agent to, provide to XXXX not later than [three hundred sixty five (365)][two hundred seventy (270)] days nine months after the close end of its Fiscal Yearthe County’s fiscal year (which shall be February 1 of each year, beginning so long as the County’s fiscal year ends on June 30), commencing with the Fiscal Year ending December 31report for the 2008-09 fiscal year (which is due not later than February 1, 20212010), provide to the MSRB an Annual ReportReport which is consistent with the requirements of Section 4 of this Disclosure Agreement. The Annual Report must be submitted in electronic format, accompanied by such identifying information as is prescribed by the MSRB, and may cross-reference other information as provided in Section 4 of this Disclosure Agreement; provided, that the audited financial statements of the County may be submitted separately from the balance of the Annual Report and later than the date required above for the filing of the Annual Report if they are not available by that date. If the County’s fiscal year changes, it shall give notice of such change in the same manner as for a Listed Event under Section 5(c). The Annual Report shall be submitted on a standard form in use by industry participants or other appropriate form and shall identify the Bonds by name and CUSIP number. (b) The Annual Report shall consist of the County’s annual audited financial statements. (c) Not later than five (5) Business Days 15 business days prior to the dates specified in subsection (a) above for providing the Annual Reportsaid date, the County shall provide the Annual Report, as applicable, in PDF format, word-searchable, to the Dissemination Agent, together with a certificate of compliance substantially in the form of Exhibit B hereto and with instructions to file such report as specified in subsection (a) above or provide a written certification Report to the Dissemination Agent that and the County has provided Trustee (if the Annual Report to EMMA. (d) If Trustee is not the Dissemination Agent has not received the Annual Report and instructions or the written certification of the County as provided in subsection (c) above Agent). If by the date specified in subsection (a) abovesuch date, the Dissemination Agent shall send to XXXX timely notice of such in substantially the form of Exhibit A hereto. (e) The Dissemination Agent shall have no obligation to disclose information except as expressly provided herein. (f) If on the seventh day prior to each filing date of any Annual Report the Dissemination Agent Trustee has not received a copy of such reportAnnual Report, the Trustee shall contact the County and the Dissemination Agent (if other than the Trustee) to determine if the County has provided its Annual Report. The Dissemination Agent and the Trustee may conclusively rely upon such receipt as a certification by the County that such Annual Report constitutes the Annual Report required to be filed with it by the County hereunder. The Trustee and the Dissemination Agent shall contact have no duty or obligation to review such Annual Report. If the County Trustee is unable to verify that the applicable Annual Report has been provided to the MSRB by telephone and the date required in writing subsection (which may be by e-mail) to remind the County of its undertaking to provide such report pursuant to Section 3(b) (abovea). Upon such reminder, the County Trustee shall either (i) provide the Dissemination Agent with an electronic copy of the report in accordance with Section 3(b) (above), or (ii) instruct the Dissemination Agent in writing that the County will not be able to file such report within the time required under this Undertaking, state the date by which the report will be provided and instruct the Dissemination Agent immediately send a notice to XXXX the MSRB in substantially the form attached as Exhibit A hereto. (c) The Dissemination Agent shall, upon verification of filing, file a report with the County and the Trustee certifying that the Annual Report has been provided pursuant to this Disclosure Agreement, stating the date it was provided to the MSRB.

Appears in 1 contract

Samples: Continuing Disclosure Agreement

Provision of Annual Reports. (a) The County City shall, or shall cause the Dissemination Agent to, provide to XXXX not later than [three hundred sixty five (365)][two hundred seventy (270)] days after February 15 of each year, commencing February 15, 2014, provide to the close of its Fiscal Year, beginning MSRB and the Participating Underwriter an Annual Report which is consistent with the Fiscal Year ending December 31requirements of Section 4 of this Disclosure Agreement. The Annual Report may be submitted as a single document or as separate documents comprising a package, 2021, an Annual Reportand may include by reference other information as provided in Section 4 of this Disclosure Agreement. (b) The Annual Report shall consist of the County’s annual audited financial statements. (c) Not later than five fifteen (515) Business Days prior to the dates specified in subsection (a) above for providing the Annual Report, the County shall provide the Annual Report, as applicable, in PDF format, word-searchable, to the Dissemination Agent, together with a certificate of compliance substantially in the form of Exhibit B hereto and with instructions to file such report as specified in subsection (a) above or provide a written certification to the Dissemination Agent that the County has provided the Annual Report to EMMA. (d) If the Dissemination Agent has not received the Annual Report and instructions or the written certification of the County as provided in subsection (c) above by the date specified in subsection (a) abovefor providing the Annual Report to the MSRB, the Dissemination Agent City shall send to XXXX timely notice of such in substantially provide the form of Exhibit A hereto. (e) The Dissemination Agent shall have no obligation to disclose information except as expressly provided herein. (f) If on the seventh day prior to each filing date of any Annual Report to the Dissemination Agent. If by such date, the Dissemination Agent has not received a copy of such reportthe Annual Report, the Dissemination Agent shall contact the County by telephone and City to determine if the City is in writing compliance with the first sentence of this subsection (which may be by e-mail) to remind the County of its undertaking to provide such report pursuant to Section 3(b) (aboveb). Upon such reminder, the County The City shall either (i) provide a written certification with each Annual Report furnished to the Dissemination Agent with an electronic copy to the effect that such Annual Report constitutes the Annual Report required to be furnished by it hereunder. The Dissemination Agent may conclusively rely upon such certification of the report in accordance with Section 3(bCity and shall have no duty or obligation to review such Annual Report. (c) (above), or (ii) instruct If the Dissemination Agent in writing is unable to verify that an Annual Report has been provided to the County will not be able to file such report within the time required under this Undertaking, state MSRB by the date by which the report will be provided and instruct required in subsection (a), the Dissemination Agent immediately shall send a notice to XXXX the MSRB in substantially the form attached as Exhibit A heretoA. (d) The Dissemination Agent shall, to the extent information is known to it, file a report with the Authority and (if the Dissemination Agent is not the Trustee) the Trustee certifying that the Annual Report has been provided pursuant to this Disclosure Agreement, stating the date it was provided.

Appears in 1 contract

Samples: Continuing Disclosure Agreement

Provision of Annual Reports. (a) The County Obligated Party shall, or shall cause the Dissemination Agent to, provide to XXXX not later than [three hundred sixty five six (365)][two hundred seventy (270)] days 6) months after the close end of its Fiscal Yeareach fiscal year of the Obligated Party, beginning commencing with the Fiscal Year Obligated Party’s fiscal year ending December 31September 30, 20212024, provide to the MSRB an Annual Report. Report which is consistent with the requirements of Section 4 of this Disclosure Agreement. On or prior to said date (b) The Annual Report shall consist of except that in the County’s annual audited financial statements. (c) Not later than event the Obligated Party elects to have the Dissemination Agent file such report, five (5) Business Days prior to such date) such Annual Report shall be provided by the dates Obligated Party to the Dissemination Agent together with either (i) a letter authorizing the Dissemination Agent to file the Annual Report with the MSRB, or (ii) a certificate stating that the Obligated Party has provided the Annual Report to the MSRB and the date on which such Annual Report was provided. In each case, the Annual Report may be submitted as a single document or as separate documents comprising a package, and may cross-reference other information as provided in Section 4 of this Disclosure Agreement; provided that the audited financial statements of the Obligated Party may be submitted separately from the balance of the Annual Report in accordance with Section 4 of this Disclosure Agreement. The Obligated Party shall promptly notify the Dissemination Agent of any change in the Obligated Party’s fiscal year. Unless otherwise provided by law, any continuing disclosure information filed pursuant to this Disclosure Agreement shall be provided to the MSRB in an electronic format as prescribed by the MSRB, and shall be accompanied by such identifying information as prescribed by the MSRB. As of the date hereof, XXXX is the electronic format prescribed by the MSRB. (b) If by 15 days prior to the date specified in subsection (a) above for providing the Annual Report, the County shall provide the Annual Report, as applicable, in PDF format, word-searchable, Report to the Dissemination AgentMSRB, together with a certificate of compliance substantially in the form of Exhibit B hereto and with instructions to file such report as specified in subsection (a) above or provide a written certification to the Dissemination Agent that the County has provided the Annual Report to EMMA. (d) If the Dissemination Agent has not received a copy of the Annual Report and instructions or Report, the written certification of Dissemination Agent shall contact the County as provided in subsection Obligated Party to request a report regarding compliance with the provisions governing the Annual Report. (c) above If the Dissemination Agent is unable to verify that an Annual Report has been provided to the MSRB by the date specified required in subsection (a) above, the Dissemination Agent shall send a reminder notice to XXXX timely notice of such in substantially the form of Exhibit A hereto. (e) The Dissemination Agent Obligated Party and the Issuer and shall have no obligation to disclose information except as expressly provided herein. (f) If on the seventh day prior to each filing date of any Annual Report the Dissemination Agent has not received a copy of such report, the Dissemination Agent shall contact the County by telephone and in writing (which may be by e-mail) to remind the County of its undertaking to provide such report pursuant to Section 3(b) (above). Upon such reminder, the County shall either (i) provide the Dissemination Agent with an electronic copy of the report in accordance with Section 3(b) (above), or (ii) instruct the Dissemination Agent in writing that the County will not be able to file such report within the time required under this Undertaking, state the date by which the report will be provided and instruct the Dissemination Agent immediately send a notice to XXXX the MSRB in substantially the form attached as Exhibit A hereto. (d) The Dissemination Agent shall file a report with the Obligated Party, the Issuer, the Lessor, and the Trustee (if the Dissemination Agent is not the Trustee) certifying that the Obligated Party has filed a report (directly or through the Dissemination Agent) purporting to be an Annual Report pursuant to this Disclosure Agreement, and stating the date it was provided (if such report was provided).

Appears in 1 contract

Samples: Facilities Lease Agreement

Provision of Annual Reports. (a) The County Issuer shall, or upon written direction shall cause the Dissemination Agent to, provide to XXXX not later than [three hundred sixty five the April 1 following the end of the Issuer’s Fiscal Year (365)][two hundred seventy (270)] days after the close of its Fiscal Year, beginning June 30) commencing with the Fiscal Year ending December 31report due by April 1, 2021, provide to the Repository, in an electronic format and accompanied by identifying information as prescribed by the MSRB, an Annual Report which is consistent with the requirements of Section 4 of this Disclosure Agreement. The Annual Report may be submitted as a single document or as separate documents comprising a package, and may include by reference other information as provided in Section 4 of this Disclosure Agreement; provided that the audited financial statements of the Issuer and the District, if any exist, may be submitted separately from the balance of the Annual Report and later than the date required above for the filing of the Annual Report if they are not available by that date. If the Issuer’s or the District’s fiscal year changes, the Issuer shall give notice of such change in the same manner as for a Listed Event under Section 5(a). The Issuer shall provide a written certification with each Annual Report furnished to the Dissemination Agent and the Trustee to the effect that such Annual Report constitutes the Annual Report required to be furnished by it hereunder. The Dissemination Agent and Trustee may conclusively rely upon such certification of the Issuer and shall have no duty or obligation to review such Annual Report. (b) The Annual Report shall consist of the County’s annual audited financial statements. (c) Not later than five (515) Business Days prior to the dates specified in subsection (a) above for providing the Annual Report, the County shall provide the Annual Report, as applicable, in PDF format, word-searchable, to the Dissemination Agent, together with a certificate of compliance substantially in the form of Exhibit B hereto and with instructions to file such report as specified in subsection (a) above or provide a written certification to the Dissemination Agent that the County has provided the Annual Report to EMMA. (d) If the Dissemination Agent has not received the Annual Report and instructions or the written certification of the County as provided in subsection (c) above by the date specified in subsection (a) abovefor providing the Annual Report to the Repository, the Issuer shall provide the Annual Report to the Dissemination Agent shall send to XXXX timely notice of such in substantially the form of Exhibit A hereto. Agent. If by fifteen (e15) The Dissemination Agent shall have no obligation to disclose information except as expressly provided herein. (f) If on the seventh day Business Days prior to each filing date of any Annual Report such date, the Dissemination Agent has not received a copy of such reportthe Annual Report, the Dissemination Agent shall contact the County by telephone and Issuer to inquire if the Issuer is in writing compliance with subsection (which may be by e-maila). (c) to remind the County of its undertaking to provide such report pursuant to Section 3(b) (above). Upon such reminder, the County shall either (i) provide If the Dissemination Agent with is unable to verify that an electronic copy of Annual Report has been provided to the report Repository by the date required in accordance with Section 3(b) subsection (abovea), or (ii) instruct the Dissemination Agent in writing that the County will not be able to file such report within the time required under this Undertaking, state the date by which the report will be provided and instruct the Dissemination Agent immediately a timely manner shall send a notice to XXXX the Municipal Securities Rulemaking Board in substantially the form attached as Exhibit A heretoA. (d) The Dissemination Agent shall: (i) determine each year prior to date for providing the Annual Report the name and address of the Repository; and (ii) file a report with the Issuer certifying that the Annual Report has been provided pursuant to this Disclosure Agreement, stating the date it was provided and listing the Repository(ies) to which it was provided.

Appears in 1 contract

Samples: Continuing Disclosure Agreement

Provision of Annual Reports. (a) The County With respect to the 2022 Bonds, NCPA shall, or shall cause the Dissemination Agent to, provide to XXXX not later than [three hundred sixty five (365)][two hundred seventy (270)] 180 days after the close end of its Fiscal Yeareach fiscal year of NCPA (which presently ends on June 30), beginning commencing with the report for the Fiscal Year ending December 31June 30, 20212022, provide to the MSRB through the EMMA System, in an electronic format and accompanied by identifying information all as prescribed by the MSRB, an Annual ReportReport which is consistent with the requirements of Section 4 of this Disclosure Agreement. The Annual Report may be submitted as a single document or as separate documents comprising a package, and may include by reference other information as provided in Section 4 of this Disclosure Agreement; provided, that the audited financial statements of NCPA may be submitted separately from the balance of the Annual Report and later than the date required above for the filing of the Annual Report if they are not available by that date. If the fiscal year changes for NCPA, NCPA shall give notice of such change prior to the next date by which NCPA otherwise would be required to provide its Annual Report pursuant to this Section and in the manner provided for giving notices under Section 5 hereof. (b) The Annual Report shall consist of the County’s annual audited financial statements. (c) Not later than five fifteen (515) Business Days days prior to the dates date specified in subsection paragraph (a) above of this Section 3 for providing the Annual ReportReport to the MSRB, the County NCPA shall provide the its Annual Report, as applicable, in PDF format, word-searchable, Report to the Dissemination Agent. If by such date, together with a certificate of compliance substantially in the form of Exhibit B hereto and with instructions to file such report as specified in subsection (a) above or provide a written certification to the Dissemination Agent that the County has provided the Annual Report to EMMA. (d) If the Dissemination Agent has not received the Annual Report and instructions or the written certification of the County as provided in subsection (c) above by the date specified in subsection (a) above, the Dissemination Agent shall send to XXXX timely notice of such in substantially the form of Exhibit A hereto. (e) The Dissemination Agent shall have no obligation to disclose information except as expressly provided herein. (f) If on the seventh day prior to each filing date of any Annual Report the Dissemination Agent has not received a copy of such reportthe Annual Report from NCPA, the Dissemination Agent shall contact the County by telephone and NCPA to determine if NCPA is in writing compliance with paragraph (which may be by e-maila) to remind the County of its undertaking to provide such report pursuant to this Section 3(b3. (c) (above). Upon such reminder, the County shall either (i) provide If the Dissemination Agent with an electronic the Dissemination Agent has not received a copy of the report Annual Report from NCPA by the date required in accordance with paragraph (a) of this Section 3(b) (above), or (ii) instruct 3 and the Dissemination Agent in writing is unable to verify that an Annual Report has been provided to the County will not be able to file such report within the time required under this Undertaking, state MSRB by the date by which the report will be provided and instruct required in paragraph (a) of this Section 3, the Dissemination Agent immediately shall send a notice to XXXX the MSRB through the EMMA System in substantially the form attached hereto as Exhibit A heretoA. (d) Upon the provision by the Dissemination Agent of any Annual Report to the MSRB pursuant to paragraph (a) of this Section 3, the Dissemination Agent shall deliver a confirmation in writing to NCPA certifying that the Annual Report has been provided to the MSRB pursuant to this Disclosure Agreement and stating the date it was provided.

Appears in 1 contract

Samples: Continuing Disclosure Agreement

Provision of Annual Reports. (a) The County Council shall, or shall cause the Dissemination Agent to, provide to XXXX not later than [three hundred sixty five (365)][two hundred seventy (270)] days six months after the close end of its Fiscal Yearthe Council’s fiscal year (which currently ends on September 30 of each year), beginning commencing with the Fiscal Year ending December 31report for the fiscal year ended September 30, 20212015, provide to the MSRB, via EMMA, an Annual ReportReport which is consistent with the requirements of Section 4 of this Disclosure Agreement. The Council shall provide a written certificate with the Annual Report furnished to the Dissemination Agent to the effect that such Annual Report constitutes the Annual Report required to be furnished by the Council hereunder. In each case, the Annual Report may be submitted as a single document or as separate documents comprising a package, and may cross-reference other information as provided in Section 4 of this Disclosure Agreement; provided that the audited financial statements of the Council may be submitted separately from the balance of the Annual Report and later than the date required above for the filing of the Annual Report if they are not available by that date. If the Council’s fiscal year changes, it shall give notice of such change in the same manner as for an Occurrence Event under Section 5(a) of this Disclosure Agreement. (b) The Annual Report shall consist of the County’s annual audited financial statements. (c) Not later than five fifteen (515) Business Days prior to the dates specified in subsection (a) above for providing the Annual Report, the County shall provide the Annual Report, as applicable, in PDF format, word-searchable, to the Dissemination Agent, together with a certificate of compliance substantially in the form of Exhibit B hereto and with instructions to file such report as specified in subsection (a) above or provide a written certification to the Dissemination Agent that the County has provided the Annual Report to EMMA. (d) If the Dissemination Agent has not received the Annual Report and instructions or the written certification of the County as provided in subsection (c) above by the date specified in subsection (a) abovefor providing the Annual Report to the MSRB, the Council shall provide the Annual Report and written certificate described in subsection (a) to the Dissemination Agent shall send with instructions to XXXX timely notice of such in substantially file the form of Exhibit A hereto. (e) The Dissemination Agent shall have no obligation to disclose information except as expressly provided herein. (f) If on the seventh day prior to each filing date of any Annual Report as specified in subsection (a) or a written certification that the Council has provided the Annual Report to the MSRB. If by such date the Dissemination Agent has not received a copy of such reportthe Annual Report, certificate and instructions or the certification from the Council that it has provided an Annual Report to the MSRB by the date required in subsection (a), the Dissemination Agent shall contact the County by telephone Council and in writing request that the Council comply with the first sentence of this subsection (which may be by e-mailb). (c) to remind the County of its undertaking to provide such report pursuant to Section 3(b) (above). Upon such reminder, the County shall either (i) provide If the Dissemination Agent with has not received an electronic copy of Annual Report, certificate and instructions or the report written certification from the Council that it has provided an Annual Report to the MSRB by the date required in accordance with Section 3(b) subsection (abovea), or (ii) instruct the Dissemination Agent in writing that the County will not be able to file such report within the time required under this Undertaking, state the date by which the report will be provided and instruct the Dissemination Agent immediately shall send a notice to XXXX each of the Participating Underwriters and to the MSRB, via EMMA, if any, in substantially the form attached as Exhibit A heretoA. (d) The Dissemination Agent shall: (i) notify the Council each year not later than 90 days prior to the date for providing the Annual Report to the MSRB, of the date on which its Annual Report must be provided to the Dissemination Agent or the MSRB; and (ii) unless the Council has certified in writing that the Council (or another entity on behalf of the Council) has provided the Annual Report to the MSRB, then promptly following receipt of the Annual Report, certificate and instructions required in subsection (b) above, provide the Annual Report to the MSRB as set forth in subsection (a) above and file a report with the Council certifying that the Annual Report has been provided pursuant to this Disclosure Agreement, stating the date it was provided.

Appears in 1 contract

Samples: Continuing Disclosure Agreement

Provision of Annual Reports. (a) The County Issuer shall, or or, upon written direction, shall cause the Dissemination Agent to, provide to XXXX not later than [three hundred sixty five (365)][two hundred seventy (270)] days six months after the close end of its Fiscal Yearthe Issuer's fiscal year (currently December 31), beginning commencing with the Fiscal Year report for the fiscal year ending December 31, 20212017, provide to each Repository an Annual ReportReport that is consistent with the requirements of Section 4 of this Disclosure Agreement. In each case, the Annual Report may be submitted as a single document or as separate documents comprising a package, and may cross-reference other information as provided in Section 4 of this Disclosure Agreement; provided that the audited financial statements of the Issuer may be submitted separately from the balance of the Annual Report and later than the date required above for the filing of the Annual Report if they are not available by that date. If the Issuer's fiscal year changes, it shall give notice of such change in the same manner as for a Listed Event under Section 6(e). It is expressly agreed that the Dissemination Agent has no duty or liability whatsoever to determine whether the Issuer has satisfied Section 4 of this Disclosure Agreement and will be fully indemnified by the Issuer in connection with the Dissemination Agent's obligations hereunder. (b) The Annual Report shall consist of the County’s annual audited financial statements. (c) Not later than five fifteen (515) Business Days prior to the dates specified in subsection (a) above for providing the Annual Report, the County shall provide the Annual Report, as applicable, in PDF format, word-searchable, to the Dissemination Agent, together with a certificate of compliance substantially in the form of Exhibit B hereto and with instructions to file such report as specified in subsection (a) above or provide a written certification to the Dissemination Agent that the County has provided the Annual Report to EMMA. (d) If the Dissemination Agent has not received the Annual Report and instructions or the written certification of the County as provided in subsection (c) above by the date specified in subsection (a) abovefor providing the Annual Report to the Repositories, the Issuer shall provide the Annual Report to the Dissemination Agent shall send to XXXX timely notice of and the Trustee (if the Trustee is not the Dissemination Agent). If by such in substantially the form of Exhibit A hereto. (e) The Dissemination Agent shall have no obligation to disclose information except as expressly provided herein. (f) If on the seventh day prior to each filing date of any Annual Report the Dissemination Agent has not received a copy of such reportthe Annual Report, the Dissemination Agent shall contact the County by telephone and Issuer to determine if the Issuer is in writing compliance with subsection (which may be by e-mail) to remind the County of its undertaking to provide such report pursuant to Section 3(b) (abovea). Upon The Dissemination Agent has no duty to review such reminder, the County shall either Annual Report. (ic) provide If the Dissemination Agent with is unable to verify that an electronic copy of Annual Report has been provided to the report Repositories by the date required in accordance with Section 3(b) subsection (aboveb), or (ii) instruct the Dissemination Agent in writing that the County will not be able to file such report within the time required under this Undertaking, state the date by which the report will be provided and instruct the Dissemination Agent immediately Trustee shall send a notice to XXXX the Issuer and each Repository in substantially the form attached as Exhibit A heretoA, no later than the date specified in subsection (a) for providing the Annual Report to the Repositories. (d) The Dissemination Agent shall file a report with the Issuer, with the Issuer and the Trustee (if the Trustee is not the Dissemination Agent) certifying that the Annual Report has been provided pursuant to this Disclosure Agreement, stating the date it was provided to the Repositories.

Appears in 1 contract

Samples: Continuing Disclosure Agreement

Provision of Annual Reports. (a) The County Borrower shall, or shall cause the Dissemination Agent Agent, to, provide to XXXX not later than [three one hundred sixty five twenty (365)][two hundred seventy (270)] 120) days after the close end of its Fiscal Yearfiscal year (currently December 31), beginning commencing with the Fiscal Year report for the fiscal year ending December 31, 20211998, provide to each Repository an annual report containing the information set forth in Section 4 of this Disclosure Agreement. Not later than fifteen (15) Business Days prior to said date, the Borrower shall provide the Annual Report to the Dissemination Agent and the Trustee (if the Trustee is not the Dissemination Agent). In each case, the Annual Report may be submitted as a single document or as separate documents comprising a package, and may cross-reference other information as provided in Section 4 of this Disclosure Agreement. The foregoing notwithstanding, while the audited financial statements of the Borrower are expected to be available within one hundred twenty (120) days after the end of the Borrower's fiscal year, such financial statements may be submitted separately from the balance of the Annual Report, and later than the date required above for the filing of the Annual Report if not available by that date. (b) The Annual Report shall consist of the County’s annual audited financial statements. (c) Not later than five (5) Business Days prior to the dates specified in subsection (a) above for providing the Annual Report, the County shall provide the Annual Report, as applicable, in PDF format, word-searchable, to the Dissemination Agent, together with a certificate of compliance substantially in the form of Exhibit B hereto and with instructions to file such report as specified in subsection (a) above or provide a written certification to the Dissemination Agent that the County has provided the Annual Report to EMMA. (d) If the Dissemination Agent has not received the Annual Report and instructions or the written certification of the County as provided in subsection (c) above by the date specified in subsection (a) above, the Dissemination Agent shall send to XXXX timely notice of such in substantially the form of Exhibit A hereto. (e) The Dissemination Agent shall have no obligation to disclose information except as expressly provided herein. (f) If on the seventh day prior to each filing date of any Annual Report the Dissemination Agent has not received a copy of such reportthe Annual Report by the fifteenth (15th) Business Day prior to the date specified in subsection (a) for providing the Annual Report to the Repositories, the Dissemination Agent shall contact the County by telephone and Borrower to determine if the Borrower is in writing compliance with subsection (which may be by e-maila). (c) to remind the County of its undertaking to provide such report pursuant to Section 3(b) (above). Upon such reminder, the County shall either (i) provide If the Dissemination Agent with is unable to verify that an electronic copy of Annual Report has been provided to the report Repositories by the date required in accordance with Section 3(b) subsection (abovea), or (ii) instruct the Dissemination Agent in writing that the County will not be able to file such report within the time required under this Undertaking, state the date by which the report will be provided and instruct the Dissemination Agent immediately Trustee shall send a notice to XXXX each Repository or to the MSRB in substantially the form attached as Exhibit A heretoA. (d) The Dissemination Agent shall: (i) prior to the date for providing each Annual Report determine the name and address of each National Repository and each State Repository, if any; and (ii) file a report with the Borrower, the Issuer and (if the Dissemination Agent is not the Trustee) the Trustee certifying that the Annual Report has been provided pursuant to this Disclosure Agreement, stating the date it was provided, and listing all the Repositories to which it was provided.

Appears in 1 contract

Samples: Continuing Disclosure Agreement (El Conquistador Partnership Lp Se)

Provision of Annual Reports. (a) The County Commission shall, or or, upon furnishing the Annual Report to the Dissemination Agent, shall cause the Dissemination Agent to, provide to XXXX the MSRB through the EMMA System, in an electronic format and accompanied by identifying information all as prescribed by the MSRB, an Annual Report which is consistent with the requirements of Section 3 hereof, not later than [three hundred sixty five (365)][two hundred seventy (270)] days after the close of its Fiscal YearAnnual Report Date, beginning commencing with the Fiscal Year ending December 31report for the 2009-10 fiscal year. The Annual Report may be submitted as a single document or as separate documents comprising a package, 2021and may include by reference other information as provided in Section 3 hereof; provided, an however, that the audited financial statements of the Commission, if any, may be submitted separately from the balance of the Annual Report, and later than the date required above for the filing of the Annual Report if not available by that date. If the Commission’s fiscal year changes, it shall give notice of such change in the same manner as for a Listed Event under subsection (e) of Section 4 hereof. (b) The Annual Report shall consist of the County’s annual audited financial statements. (c) Not later than five (5) Business Days 15 business days prior to the dates specified in subsection (a) above for providing the Annual Report, the County shall provide the Annual Report, as applicable, in PDF format, word-searchable, to the Dissemination Agent, together with a certificate of compliance substantially in the form of Exhibit B hereto and with instructions to file such report as specified in subsection (a) above or provide a written certification to the Dissemination Agent that the County has provided the Annual Report to EMMA. (d) If the Dissemination Agent has not received the Annual Report and instructions or the written certification of the County as provided in subsection (c) above by the date specified in subsection (a) abovefor the providing of the Annual Report to the MSRB, the Commission shall provide the Annual Report to the Dissemination Agent shall send to XXXX timely notice of such in substantially and the form of Exhibit A hereto. Trustee (e) The Dissemination Agent shall have no obligation to disclose information except as expressly provided herein. (f) If on if the seventh day prior to each filing date of any Annual Report Trustee is not the Dissemination Agent Agent). If by such date, the Trustee has not received a copy of such reportthe Annual Report, the Trustee shall contact the Commission and the Dissemination Agent shall contact to inquire if the County Commission is in compliance with the first sentence of this subsection (b). (c) If the Trustee is unable to verify that an Annual Report has been provided to the MSRB by telephone and the date required in writing subsection (which may be by e-maila) to remind the County of its undertaking to provide such report pursuant to Section 3(b) (above). Upon such reminderthis Section, the County Trustee shall either (i) provide the Dissemination Agent with an electronic copy of the report in accordance with Section 3(b) (above), or (ii) instruct the Dissemination Agent in writing that the County will not be able to file such report within the time required under this Undertaking, state the date by which the report will be provided and instruct the Dissemination Agent immediately send a notice to XXXX the MSRB through the EMMA System in substantially the form attached as Exhibit A heretoA. (d) The Dissemination Agent shall: (i) provide any Annual Report received by it to the MSRB, as provided herein; and (ii) file a report with the Commission and (if the Dissemination Agent is not the Trustee) the Trustee certifying that the Annual Report has been provided pursuant to this Disclosure Agreement and stating the date it was so provided.

Appears in 1 contract

Samples: Continuing Disclosure Agreement

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Provision of Annual Reports. (a) The County District shall, or shall cause the Dissemination Agent to, provide to XXXX not later than [three hundred sixty five (365)][two hundred seventy (270)] days January 15 after the close end of its Fiscal Yearthe District's fiscal year, beginning commencing with the Fiscal Year fiscal year ending December 31June 30, 20212010 (for the report due January 15, 2011), provide to the MSRB an Annual ReportReport which is consistent with the requirements of Section 3 of this Disclosure Agreement. The Annual Report may be submitted as a single document or as separate documents comprising a package, and may include by reference other information as provided in Section 3 of this Disclosure Agreement. Not later than fifteen (15) Business Days prior to said date, the District shall provide the Annual Report to the Dissemination Agent. The District shall provide an Officer’s Certificate with each Annual Report furnished to the Dissemination Agent to the effect that such Annual Report constitutes the Annual Report required to be furnished by the District hereunder. The Dissemination Agent may conclusively rely upon such Officer’s Certificate of the District. (b) The Annual Report shall consist of the County’s annual audited financial statements. If by fifteen (c) Not later than five (515) Business Days prior to the dates specified in subsection (a) above for providing the Annual Report, the County shall provide the Annual Report, as applicable, in PDF format, word-searchable, to the Dissemination Agent, together with a certificate of compliance substantially in the form of Exhibit B hereto and with instructions to file such report as specified in subsection (a) above or provide a written certification to the Dissemination Agent that the County has provided the Annual Report to EMMA. (d) If the Dissemination Agent has not received the Annual Report and instructions or the written certification of the County as provided in subsection (c) above by the date specified in subsection (a) above, for providing the Dissemination Agent shall send to XXXX timely notice of such in substantially the form of Exhibit A hereto. (e) The Dissemination Agent shall have no obligation to disclose information except as expressly provided herein. (f) If on the seventh day prior to each filing date of any Annual Report to the MSRB, the Dissemination Agent has not received a copy of such reportthe Annual Report, the Dissemination Agent shall contact the County by telephone and District to determine if the District is in writing compliance with subsection (which may be by e-maila). (c) to remind The Dissemination Agent shall file a report with the County of its undertaking to provide such report District certifying that the Annual Report has been provided pursuant to Section 3(b) (above)this Disclosure Agreement, stating the date it was provided to the MSRB. Upon such reminder, the County shall either (i) provide If the Dissemination Agent with is unable to verify that an electronic copy of Annual Report has been provided to the report MSRB by the date required in accordance with Section 3(b) subsection (abovea), or (ii) instruct the Dissemination Agent in writing that shall immediately notify the County will not be able to file such report within the time required under this Undertaking, state the date by which the report will be provided and instruct the Dissemination Agent immediately send a notice to XXXX in substantially the form attached as Exhibit A heretoDistrict.

Appears in 1 contract

Samples: Continuing Disclosure Agreement

Provision of Annual Reports. (a) The County District shall, or shall cause the Dissemination Agent to, provide to XXXX not later than [three hundred sixty five (365)][two hundred seventy (270)] days after the close December 31 of its Fiscal Yeareach year, beginning with the Fiscal Year ending commencing December 31, 20212014, provide to the MSRB and the Participating Underwriter an Annual ReportReport which is consistent with the requirements of Section 4 of this Disclosure Agreement. The Annual Report may be submitted as a single document or as separate documents comprising a package, and may include by reference other information as provided in Section 4 of this Disclosure Agreement. (b) The Annual Report shall consist of the County’s annual audited financial statements. (c) Not later than five fifteen (515) Business Days prior to the dates specified in subsection (a) above for providing the Annual Report, the County shall provide the Annual Report, as applicable, in PDF format, word-searchable, to the Dissemination Agent, together with a certificate of compliance substantially in the form of Exhibit B hereto and with instructions to file such report as specified in subsection (a) above or provide a written certification to the Dissemination Agent that the County has provided the Annual Report to EMMA. (d) If the Dissemination Agent has not received the Annual Report and instructions or the written certification of the County as provided in subsection (c) above by the date specified in subsection (a) abovefor providing the Annual Report to the MSRB, the Dissemination Agent District shall send to XXXX timely notice of such in substantially provide the form of Exhibit A hereto. (e) The Dissemination Agent shall have no obligation to disclose information except as expressly provided herein. (f) If on the seventh day prior to each filing date of any Annual Report to the Dissemination Agent. If by such date, the Dissemination Agent has not received a copy of such reportthe Annual Report, the Dissemination Agent shall contact the County by telephone and District to determine if the District is in writing compliance with the first sentence of this subsection (which may be by e-mail) to remind the County of its undertaking to provide such report pursuant to Section 3(b) (aboveb). Upon such reminder, the County The District shall either (i) provide a written certification with each Annual Report furnished to the Dissemination Agent with an electronic copy to the effect that such Annual Report constitutes the Annual Report required to be furnished by it hereunder. The Dissemination Agent may conclusively rely upon such certification of the report in accordance with Section 3(bDistrict and shall have no duty or obligation to review such Annual Report. (c) (above), or (ii) instruct If the Dissemination Agent in writing is unable to verify that an Annual Report has been provided to the County will not be able to file such report within the time required under this Undertaking, state MSRB by the date by which the report will be provided and instruct required in subsection (a), the Dissemination Agent immediately shall send a notice to XXXX the MSRB in substantially the form attached as Exhibit A heretoA. (d) The Dissemination Agent shall, to the extent information is known to it, file a report with the Authority and (if the Dissemination Agent is not the Trustee) the Trustee certifying that the Annual Report has been provided pursuant to this Disclosure Agreement, stating the date it was provided.

Appears in 1 contract

Samples: Continuing Disclosure Agreement

Provision of Annual Reports. (a) The County shallshall provide, or shall cause the Dissemination Agent toto provide, provide to XXXX the MSRB not later than [three hundred sixty five (365)][two hundred seventy (270)] days after the close of its Fiscal Year, beginning with the Fiscal Year ending December 31, 2021Filing Date, an Annual ReportReport which is consistent with the requirements of Section 4 of this Disclosure Agreement. The Annual Report shall be submitted in electronic format, accompanied by such identifying information as is prescribed by the MSRB, and may include by reference other information as provided in Section 4 of this Disclosure Agreement; provided, that the audited financial statements of the County may be submitted separately from the balance of the Annual Report and later than the date required above for the filing of the Annual Report if they are not available by that date. If the County’s Fiscal Year changes, it shall give notice of such change in the same manner as for a Specified Event under Section 5. (b) The Annual Report shall consist of the County’s annual audited financial statements. (c) Not later than five thirty (530) days prior to each Filing Date, the Dissemination Agent shall give notice to the County that the Annual Report is so required to be filed in accordance with the terms of this Disclosure Agreement. Not later than fifteen (15) Business Days prior to the dates specified in subsection (a) above for providing the Annual ReportFiling Date, the County shall provide the Annual Report, as applicable, in PDF format, word-searchable, to the Dissemination Agent, together with a certificate of compliance substantially in the form of Exhibit B hereto and with instructions to file such report as specified in subsection (a) above or provide a written certification Report to the Dissemination Agent that (if other than the County has provided the Annual Report to EMMA. (d) County). If the Dissemination Agent has not received the Annual Report and instructions or the written certification of the County as provided in subsection (c) above by the date specified in subsection (a) abovesaid date, the Dissemination Agent shall send to XXXX timely notice of such in substantially the form of Exhibit A hereto. (e) The Dissemination Agent shall have no obligation to disclose information except as expressly provided herein. (f) If on the seventh day prior to each filing date of any Annual Report the Dissemination Agent has not received a copy of such reportthe Annual Report, the Dissemination Agent shall contact the County by telephone and in writing (which may be by e-mail) to remind notify the County of its undertaking such failure to receive the Annual Report. (c) The Dissemination Agent shall: 1. If the County is unable to provide such report pursuant to Section 3(b) (above). Upon such reminder, the County shall either (i) provide the Dissemination Agent with an electronic copy of Annual Report by the report in accordance with Section 3(b) (above)Filing Date, or (ii) instruct and if not previously filed by the Dissemination Agent in writing that the County will not be able to file such report within the time required under this UndertakingCounty, state the date by which the report will be provided and instruct the Dissemination Agent immediately send a notice in a timely manner, in electronic format, to XXXX the MSRB in substantially the form attached hereto as Exhibit A heretoA. 2. File a report with the County certifying that the Annual Report has been provided pursuant to this Disclosure Agreement and stating the date it was provided.

Appears in 1 contract

Samples: Continuing Disclosure Agreement

Provision of Annual Reports. (a) The County shallshall provide, or shall cause the Dissemination Agent toto provide, provide to XXXX the MSRB not later than [three hundred sixty five (365)][two hundred seventy (270)] days after the close of its Fiscal Year, beginning with the Fiscal Year ending December 31, 2021Filing Date, an Annual ReportReport which is consistent with the requirements of Section 4 of this Disclosure Agreement. The Annual Report shall be submitted in electronic format, accompanied by such identifying information as is prescribed by the MSRB, and may include by reference other information as provided in Section 4 of this Disclosure Agreement; provided, that the audited financial statements of the County may be submitted separately from the balance of the Annual Report and later than the date required above for the filing of the Annual Report if they are not available by that date. If the County’s Fiscal Year changes, it shall give notice of such change in the same manner as for a Specified Event under Section 5. (b) The Annual Report shall consist of the County’s annual audited financial statements. (c) Not later than five thirty (530) days (nor more than sixty (60) days) prior to each Filing Date, the Dissemination Agent shall give notice to the County that the Annual Report is so required to be filed in accordance with the terms of this Disclosure Agreement. Not later than fifteen (15) Business Days prior to the dates specified in subsection (a) above for providing the Annual ReportFiling Date, the County shall provide the Annual Report, as applicable, in PDF format, word-searchable, to the Dissemination Agent, together with a certificate of compliance substantially in the form of Exhibit B hereto and with instructions to file such report as specified in subsection (a) above or provide a written certification Report to the Dissemination Agent that (if other than the County has provided the Annual Report to EMMA. (d) County). If the Dissemination Agent has not received the Annual Report and instructions or the written certification of the County as provided in subsection (c) above by the date specified in subsection (a) abovesaid date, the Dissemination Agent shall send to XXXX timely notice of such in substantially the form of Exhibit A hereto. (e) The Dissemination Agent shall have no obligation to disclose information except as expressly provided herein. (f) If on the seventh day prior to each filing date of any Annual Report the Dissemination Agent has not received a copy of such reportthe Annual Report, the Dissemination Agent shall contact the County by telephone and in writing (which may be by e-mail) to remind notify the County of its undertaking such failure to receive the Annual Report. (c) The Dissemination Agent shall: 1. If the County is unable to provide such report pursuant to Section 3(b) (above). Upon such reminder, the County shall either (i) provide the Dissemination Agent with an electronic copy of Annual Report by the report in accordance with Section 3(b) (above)Filing Date, or (ii) instruct and if not previously filed by the Dissemination Agent in writing that the County will not be able to file such report within the time required under this UndertakingCounty, state the date by which the report will be provided and instruct the Dissemination Agent immediately send a notice notice, in electronic format, to XXXX the MSRB in substantially the form attached hereto as Exhibit A heretoA. 2. File a report with the County certifying that the Annual Report has been provided pursuant to this Disclosure Agreement and stating the date it was provided.

Appears in 1 contract

Samples: Continuing Disclosure Agreement

Provision of Annual Reports. (a) The County shall, or shall cause the Dissemination Agent to, provide to XXXX not later than [three hundred sixty five (365)][two hundred seventy (270)] 365) days after the close of its Fiscal Year, beginning with the Fiscal Year ending [December 31, 2021], an Annual Report. (b) The Annual Report shall consist of the County’s annual audited financial statements. (c) Not later than five (5) Business Days prior to the dates specified in subsection (a) above for providing the Annual Report, the County shall provide the Annual Report, as applicable, in PDF format, word-searchable, to the Dissemination Agent, together with a certificate of compliance substantially in the form of Exhibit B hereto and with instructions to file such report as specified in subsection (a) above or provide a written certification to the Dissemination Agent that the County has provided the Annual Report to EMMA. (d) If the Dissemination Agent has not received the Annual Report and instructions or the written certification of the County as provided in subsection (c) above by the date specified in subsection (a) above, the Dissemination Agent shall send to XXXX EMMA timely notice of such in substantially the form of Exhibit A hereto. (e) The Dissemination Agent shall have no obligation to disclose information except as expressly provided herein. (f) If on the seventh day prior to each filing date of any Annual Report the Dissemination Agent has not received a copy of such report, the Dissemination Agent shall contact the County by telephone and in writing (which may be by e-mail) to remind the County of its undertaking to provide such report pursuant to Section 3(b) (above). Upon such reminder, the County shall either (i) provide the Dissemination Agent with an electronic copy of the report in accordance with Section 3(b) (above), or (ii) instruct the Dissemination Agent in writing that the County will not be able to file such report within the time required under this Undertaking, state the date by which the report will be provided and instruct the Dissemination Agent immediately send a notice to XXXX in substantially the form attached as Exhibit A hereto.

Appears in 1 contract

Samples: Continuing Disclosure Agreement

Provision of Annual Reports. (a) The County Issuer shall, or upon written direction shall cause the Dissemination Agent to, provide to XXXX not later than [three hundred sixty five (365)][two hundred seventy (270)] days January 31 after the close end of its the Issuer’s Fiscal Year, beginning Year (currently June 30) commencing with the Fiscal Year ending December report due by January 31, 20212025, provide to the Repository an Annual Report which is consistent with the requirements of Section 4 of this Disclosure Agreement. The Annual Report may be submitted as a single document or as separate documents comprising a package, and may include by reference other information as provided in Section 4 of this Disclosure Agreement; provided that the audited financial statements of the Issuer and the City, if any exist, may be submitted separately from the balance of the Annual Report and later than the date required above for the filing of the Annual Report if they are not available by that date. If the fiscal year of the Issuer or the City changes, the Issuer shall give notice of such change in the same manner as for a Listed Event under Section 5(d). The Issuer shall provide a written certification with each Annual Report furnished to the Dissemination Agent to the effect that such Annual Report constitutes the Annual Report required to be furnished by it hereunder. The Dissemination Agent may conclusively rely upon such certification of the Issuer and shall have no duty or obligation to review such Annual Report. (b) The Annual Report shall consist of the County’s annual audited financial statements. (c) Not later than five (515) Business Days business days prior to the dates specified in subsection (a) above for providing the Annual Report, the County shall provide the Annual Report, as applicable, in PDF format, word-searchable, to the Dissemination Agent, together with a certificate of compliance substantially in the form of Exhibit B hereto and with instructions to file such report as specified in subsection (a) above or provide a written certification to the Dissemination Agent that the County has provided the Annual Report to EMMA. (d) If the Dissemination Agent has not received the Annual Report and instructions or the written certification of the County as provided in subsection (c) above by the date specified in subsection (a) abovefor providing the Annual Report to the Repository, the Issuer shall provide the Annual Report to the Dissemination Agent shall send to XXXX timely notice of such in substantially the form of Exhibit A hereto. Agent. If by fifteen (e15) The Dissemination Agent shall have no obligation to disclose information except as expressly provided herein. (f) If on the seventh day business days prior to each filing date of any Annual Report such date, the Dissemination Agent has not received a copy of such reportthe Annual Report, the Dissemination Agent shall contact the County Issuer to inquire if the Issuer is in compliance with subsection (a). (c) If the Dissemination Agent is unable to verify that an Annual Report has been provided to the Repository by telephone the date required in subsection (a), the Dissemination Agent shall send a notice in a timely manner to the Repository, in the form required by the Repository. If the Issuer is the Dissemination Agent and in writing (which may be by e-mail) to remind the County of its undertaking Issuer is unable to provide such report pursuant to Section 3(b) the Repository an Annual Report by the date required in subsection (abovea). Upon such reminder, the County Issuer shall either send a notice in a timely manner to the Repository, in the form required by the Repository. (d) The Dissemination Agent shall: (i) provide determine each year prior to date for providing the Dissemination Agent with an electronic copy Annual Report the name and address of the Repository if other than the MSRB; and (ii) file a report with the Issuer certifying that the Annual Report has been sent to the Repository and the date it was provided. (e) Notwithstanding any other provision of this Disclosure Agreement, all filings shall be made in accordance with Section 3(b) (above), the MSRB’s EMMA system or (ii) instruct in another manner approved under the Dissemination Agent in writing that the County will not be able to file such report within the time required under this Undertaking, state the date by which the report will be provided and instruct the Dissemination Agent immediately send a notice to XXXX in substantially the form attached as Exhibit A heretoRule.

Appears in 1 contract

Samples: Continuing Disclosure Agreement

Provision of Annual Reports. (a) The County City shall, or shall cause the Dissemination Agent to, provide to XXXX the MSRB an Annual Report that is consistent with the requirements of Section 3 hereof, not later than the Annual Report Date, commencing with the report for the [three hundred sixty five (365)][two hundred seventy (270)2016-17] days after the close of its Fiscal Year. The Annual Report may include by reference other information as provided in Section 3 hereof; provided, beginning however, that the audited financial statements of the City, if any, may be submitted separately from the balance of the Annual Report, and later than the date required above for the filing of the Annual Report if they are not available by that date. If the City’s Fiscal Year changes, it shall, or it shall instruct the Dissemination Agent to, give notice of such change in a filing with the Fiscal Year ending December 31, 2021, an Annual ReportMSRB. (b) The Annual Report shall consist of the County’s annual audited financial statements. (c) Not later than five (5) Business Days 15 business days prior to the dates specified in subsection (a) above for providing the Annual Report, the County shall provide the Annual Report, as applicable, in PDF format, word-searchable, to the Dissemination Agent, together with a certificate of compliance substantially in the form of Exhibit B hereto and with instructions to file such report as specified in subsection (a) above or provide a written certification to the Dissemination Agent that the County has provided the Annual Report to EMMA. (d) If the Dissemination Agent has not received the Annual Report and instructions or the written certification of the County as provided in subsection (c) above by the date specified in subsection (a) aboveof this Section for the providing of the Annual Report to the MSRB, the City shall provide the Annual Report to the Dissemination Agent shall send to XXXX timely notice of such in substantially and the form of Exhibit A hereto. Trustee (e) The Dissemination Agent shall have no obligation to disclose information except as expressly provided herein. (f) If on if the seventh day prior to each filing date of any Annual Report Trustee is not the Dissemination Agent Agent). If by such date, the Trustee has not received a copy of such reportthe Annual Report, the Trustee shall contact the City and the Dissemination Agent shall contact to determine if the County City is in compliance with the first sentence of this subsection (b). (c) If the Trustee is unable to verify that an Annual Report has been provided to the MSRB by telephone and the date required in writing subsection (which may be by e-maila) to remind the County of its undertaking to provide such report pursuant to Section 3(b) (above). Upon such reminderthis Section, the County shall either (i) provide the Dissemination Agent with an electronic copy of the report Trustee shall, in accordance with Section 3(b) (above)a timely manner, or (ii) instruct the Dissemination Agent in writing that the County will not be able to file such report within the time required under this Undertaking, state the date by which the report will be provided and instruct the Dissemination Agent immediately send a notice to XXXX the MSRB in substantially the form attached as Exhibit A heretoA. (d) The Dissemination Agent shall: (i) provide each Annual Report received by it to the MSRB, as provided herein; and (ii) file a report with the City and (if the Dissemination Agent is not the Trustee) the Trustee certifying that such Annual Report has been provided pursuant to this Disclosure Agreement and stating the date it was provided to the MSRB.

Appears in 1 contract

Samples: Continuing Disclosure Agreement

Provision of Annual Reports. (a) The County Manager shall, or shall cause the Dissemination Agent to, provide to XXXX the MSRB an Annual Report that is consistent with the requirements of Section 3 hereof, not later than [three hundred sixty five (365)][two hundred seventy (270)] days after the close of its Fiscal YearAnnual Report Date, beginning commencing with the report for Fiscal Year ending December 3120 - . The Annual Report may include by reference other information as provided in Section 3 hereof; provided, 2021however, an that the audited financial statements of the Manager, may be submitted separately from the balance of the Annual Report, and later than the date required above for the filing of the Annual Report if they are not available by that date. If the Manager’s Fiscal Year changes, it shall, or it shall instruct the Dissemination Agent to, give notice of such change in a filing with the MSRB. (b) The Annual Report shall consist of the County’s annual audited financial statements. (c) Not later than five fifteen (515) Business Days business days prior to the dates date specified in subsection (a) above of this Section for the providing of the Annual Report to the MSRB, the Manager shall provide the Annual Report to the Dissemination Agent. If by such date, the Dissemination Agent has not received a copy of the Annual Report, the County Dissemination Agent shall provide contact the Annual Report, as applicable, Manager to determine if the Manager is in PDF format, word-searchable, to compliance with the Dissemination Agent, together with a certificate first sentence of compliance substantially in the form of Exhibit B hereto and with instructions to file such report as specified in this subsection (a) above or provide a written certification to the Dissemination Agent that the County has provided the Annual Report to EMMAb). (dc) If the Dissemination Agent has not received a copy of the Annual Report and instructions or from the written certification of the County as provided in subsection (c) above Manager by the date specified in subsection (a) aboveof this Section, the Dissemination Agent shall send to XXXX shall, in a timely notice of such in substantially the form of Exhibit A hereto. (e) The Dissemination Agent shall have no obligation to disclose information except as expressly provided herein. (f) If on the seventh day prior to each filing date of any Annual Report the Dissemination Agent has not received a copy of such reportmanner, the Dissemination Agent shall contact the County by telephone and in writing (which may be by e-mail) to remind the County of its undertaking to provide such report pursuant to Section 3(b) (above). Upon such reminder, the County shall either (i) provide the Dissemination Agent with an electronic copy of the report in accordance with Section 3(b) (above), or (ii) instruct the Dissemination Agent in writing that the County will not be able to file such report within the time required under this Undertaking, state the date by which the report will be provided and instruct the Dissemination Agent immediately send a notice to XXXX the MSRB in substantially the form attached as Exhibit A heretoA. (d) The Dissemination Agent shall: (i) provide each Annual Report received by it to the MSRB, as provided herein; and (ii) file a report with the Manager and the Trustee certifying that such Annual Report has been provided pursuant to this Disclosure Agreement and stating the date it was provided to the MSRB.

Appears in 1 contract

Samples: Continuing Disclosure Agreement

Provision of Annual Reports. (a) The County While any Bonds are outstanding, the Obligated Party shall, or shall cause the Dissemination Agent to, provide the Annual Financial Information on or before Febru- ary1 of each year (the "Report Date"), beginning on or before February1, 1998, to XXXX each then existing NRMSIR, the SID, if any, and Financial Security. If the Dissemination Agent is to provide the Annual Financial Informa- tion, not later than [three hundred sixty five (365)][two hundred seventy (270)] days after 15 Business Days prior to said date, the close Obligated Party shall provide the Annual Financial Information to the Dissemination Agent. The Obligated Party shall include with each such submission of its Fiscal YearAnnual Financial Information to the Dissemination Agent a written representation addressed to the Dissemina- tion Agent, beginning upon which the Dissemination Agent may conclusively rely, to the effect that the Annual Financial Information is the Annual Financial Information required to be provided by it pursuant to this Disclosure Agree- ment and that it complies with the Fiscal Year ending December 31applicable requirements of this Disclosure Agreement. In each case, 2021the Annual Financial Information may be submitted as a single document or as a set of documents, an and all or any part of such Annual ReportFinancial Information may be provided by specific crossreference to other documents previously provided to each NRMSIR and the SID, if any, or filed with the Securities and Exchange Commis- sion and, if such a document is a final official statement within the meaning of the Rule, available from the Municipal Securities Rulemaking Board, as provided in the definition of Annual Financial Information. The Audited Financial Statements, if any, may, but are not required to be, provided as a part of the Annual Financial Information. (b) The Annual Report shall consist If not provided as part of the County’s annual audited financial statementsAnnual Financial Information, the Obligated Party shall, or, upon furnishing such Audited Financial Statements to the Dissemination Agent, shall cause the Dissemination Agent to, provide Audited Financial Statements when and if available while any Bonds are Outstanding to each then existing NRMSIR and the SID, if any. (c) Not later than five (5) If by 15 Business Days prior to the dates specified in subsection (a) above for providing the Annual Report, the County shall provide the Annual Report, as applicable, in PDF format, word-searchable, to the Dissemination Agent, together with a certificate of compliance substantially in the form of Exhibit B hereto and with instructions to file such report as specified in subsection (a) above or provide a written certification to the Dissemination Agent that the County has provided the Annual Report to EMMA. (d) If the Dissemination Agent has not received the Annual Report and instructions or the written certification of the County as provided in subsection (c) above by the date specified in subsection (a) above, the Dissemination Agent shall send to XXXX timely notice of such in substantially the form of Exhibit A hereto. (e) The Dissemination Agent shall have no obligation to disclose information except as expressly provided herein. (f) If on the seventh day prior to each filing date of any Annual Report Date the Dissemination Agent has not received a copy of such reportthe Annual Financial Information, the Dissemination Agent shall contact the County Obligated Party to give notice that the Dissemination Agent has not received the Annual Financial Information and that such information must be provided to the NRMSIRS and SID, if any, by telephone and in writing the applicable Report Date. (which may be by e-maild) to remind the County of its undertaking to provide such report pursuant to Section 3(b) (above). Upon such reminder, the County shall either The Dissemination Agent shall: (i) provide determine prior to the Report Date the name and address of each NRMSIR and each SID, if any; and (ii) to the extent the Obligated Party has provided the Annual Financial Information to the Dissemination Agent, file a report with the Obligated Party certifying that the Annual Financial Information has been provided by the Dissemination Agent with an electronic copy of the report in accordance with Section 3(b) (above)to each NRMSIR and SID, or (ii) instruct the Dissemination Agent in writing that the County will not be able if any, pursuant to file such report within the time required under this UndertakingDisclosure Agree- ment, state stating the date by which the report will be it was provided and instruct listing each then existing NRMSIR and the Dissemination Agent immediately send a notice SID, if any, to XXXX in substantially the form attached as Exhibit A heretowhich it was provided.

Appears in 1 contract

Samples: Continuing Disclosure Agreement

Provision of Annual Reports. (a) The County District shall, or shall cause the Dissemination Agent to, provide to XXXX not later than [three hundred sixty five (365)][two hundred seventy (270)] days after the close December 31 of its Fiscal Yeareach year, beginning with the Fiscal Year ending commencing December 31, 20212013, provide to the MSRB and the Participating Underwriter an Annual ReportReport which is consistent with the requirements of Section 4 of this Disclosure Agreement. The Annual Report may be submitted as a single document or as separate documents comprising a package, and may include by reference other information as provided in Section 4 of this Disclosure Agreement. (b) The Annual Report shall consist of the County’s annual audited financial statements. (c) Not later than five fifteen (515) Business Days prior to the dates specified in subsection (a) above for providing the Annual Report, the County shall provide the Annual Report, as applicable, in PDF format, word-searchable, to the Dissemination Agent, together with a certificate of compliance substantially in the form of Exhibit B hereto and with instructions to file such report as specified in subsection (a) above or provide a written certification to the Dissemination Agent that the County has provided the Annual Report to EMMA. (d) If the Dissemination Agent has not received the Annual Report and instructions or the written certification of the County as provided in subsection (c) above by the date specified in subsection (a) abovefor providing the Annual Report to the MSRB, the Dissemination Agent District shall send to XXXX timely notice of such in substantially provide the form of Exhibit A hereto. (e) The Dissemination Agent shall have no obligation to disclose information except as expressly provided herein. (f) If on the seventh day prior to each filing date of any Annual Report to the Dissemination Agent. If by such date, the Dissemination Agent has not received a copy of such reportthe Annual Report, the Dissemination Agent shall contact the County by telephone and District to determine if the District is in writing compliance with the first sentence of this subsection (which may be by e-mail) to remind the County of its undertaking to provide such report pursuant to Section 3(b) (aboveb). Upon such reminder, the County The District shall either (i) provide a written certification with each Annual Report furnished to the Dissemination Agent with an electronic copy to the effect that such Annual Report constitutes the Annual Report required to be furnished by it hereunder. The Dissemination Agent may conclusively rely upon such certification of the report in accordance with Section 3(bDistrict and shall have no duty or obligation to review such Annual Report. (c) (above), or (ii) instruct If the Dissemination Agent in writing is unable to verify that an Annual Report has been provided to the County will not be able to file such report within the time required under this Undertaking, state MSRB by the date by which the report will be provided and instruct required in subsection (a), the Dissemination Agent immediately shall send a notice to XXXX the MSRB in substantially the form attached as Exhibit A heretoA. (d) The Dissemination Agent shall, to the extent information is known to it, file a report with the Authority and (if the Dissemination Agent is not the Trustee) the Trustee certifying that the Annual Report has been provided pursuant to this Disclosure Agreement, stating the date it was provided.

Appears in 1 contract

Samples: Continuing Disclosure Agreement

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