Provision of Annual Reports. (a) The City shall, not later than 180 days after the end of the City’s Fiscal Year, commencing with the year ending December 31, 2020, file with the MSRB, through EMMA, the following financial information and operating data (the “Annual Report”): (1) The audited financial statements of the City for the prior Fiscal Year, prepared in accordance with accounting principles generally accepted in the United States. If audited financial statements are not available by the time the Annual Report is required to be provided pursuant to this Section, the Annual Report shall contain unaudited financial statements in a format similar to the financial statements contained in the final Official Statement relating to the 2020 Certificates, and the audited financial statements shall be provided in the same manner as the Annual Report promptly after they become available. (2) Updates as of the end of the Fiscal Year of certain financial information and operating data contained in the final Official Statement related to the 2020 Certificates, as described in Exhibit A, in substantially the same format contained in the final Official Statement with such adjustments to formatting or presentation determined to be reasonable by the City. Any or all of the items listed above may be included by specific reference to other documents, including official statements of debt issues with respect to which the City is an “obligated person” (as defined by the Rule), which have been provided to the MSRB and are available through EMMA or the Securities and Exchange Commission. If the document included by reference is a final official statement, it must be available from the MSRB on EMMA. The City shall clearly identify each such other document so included by reference. 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 this Section; p rovided that the audited financial statements of the City 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 give notice of such change in the same manner as for a Material Event under Section 3. (b) The Annual Report shall be filed with the MSRB in such manner and format as is prescribed by the MSRB.
Appears in 2 contracts
Samples: Fourth Supplemental Lease Purchase Agreement, Fourth Supplemental Lease Purchase Agreement
Provision of Annual Reports. (a) The City Provided the Dissemination Agent shall have been timely provided with the same (at least 15 Business Days prior to any date due as provided below), the Dissemination Agent shall, not later than 180 December 31 of each year, commencing December 31, 2014, for the report for the 2013-14 Fiscal Year, or if the City’s fiscal year-end changes from June 30, not later than 210 days after the end of the City’s Fiscal Yearfiscal year, commencing with provide to MSRB through the year ending December 31, 2020, file with the MSRB, through EMMA, the following financial information and operating data (the “Annual Report”):
(1) The audited financial statements of the City for the prior Fiscal Year, prepared in accordance with accounting principles generally accepted in the United States. If audited financial statements are not available by the time the Annual Report is required to be provided pursuant to this SectionEMMA System, the Annual Report shall contain unaudited financial statements in a format similar delivered to the financial statements contained in the final Official Statement relating to the 2020 Certificates, and the audited financial statements shall be provided in the same manner as the Annual Report promptly after they become available.
(2) Updates as of the end of the Fiscal Year of certain financial information and operating data contained in the final Official Statement related to the 2020 Certificates, as described in Exhibit A, in substantially the same format contained in the final Official Statement with such adjustments to formatting or presentation determined to be reasonable it by the City. Any or all of the items listed above may be included by specific reference to other documents, including official statements of debt issues with respect to which ; provided that the City is an “obligated person” (as defined by shall deliver information satisfying the Rule), which have been provided to the MSRB and are available through EMMA or the Securities and Exchange Commission. If the document included by reference is a final official statement, it must be available from the MSRB on EMMArequirements of Section 4 of this Disclosure Agreement. The City shall clearly identify each such other document so included by reference. In each case, deliver to the Trustee the Annual Report may be submitted either as a single document or as separate documents comprising a package, and may cross-reference other information as provided in Section 4 of this SectionDisclosure Agreement; p rovided provided that the audited financial statements of the City 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 fiscal year changes, it shall give notice of such change in the same manner as for a Material Listed Event under Section 35(d). It is expressly agreed that the Dissemination Agent shall have no duty or liability whatsoever to determine whether the City shall have satisfied Section 4 of this Disclosure Agreement and shall be fully indemnified by the City in connection with the Dissemination Agent’s obligations hereunder.
(b) The Not later than 15 Business Days prior to the date specified in paragraph (a), the City shall provide its Annual Report to the Dissemination Agent and the Trustee (if the Trustee is not the Dissemination Agent). If by such date, the Dissemination Agent has not received a copy of the Annual Report, the Dissemination Agent shall be filed contact the City to inquire if the City is in compliance with the MSRB in first sentence of this paragraph (b). The Dissemination Agent shall have no duty to review such manner and format as Annual Report. If the City is prescribed unable to provide to the Dissemination Agent an Annual Report by the MSRBdate required in paragraph (a), the City shall provide a notice to the Dissemination Agent for distribution to MRSB through the EMMA System in substantially the form attached as Exhibit A.
(c) The Dissemination Agent shall confirm in writing to the City that the Annual Report has been filed as required hereunder, stating the date filed.
Appears in 2 contracts
Samples: Continuing Disclosure Agreement, Continuing Disclosure Agreement
Provision of Annual Reports. (a) The City shall, or shall cause the Dissemination Agent to, not later than 180 days after the end of the City’s Fiscal Year, commencing with the year ending December 31, 2020, file with the MSRB, through EMMA, the following financial information and operating data (the “Annual Report”):
(1) The audited financial statements of the City report for the prior 2009-10 Fiscal Year, prepared in accordance with accounting principles generally accepted in the United States. If audited financial statements are not available by the time the Annual Report is required to be provided pursuant to this Section, the Annual Report shall contain unaudited financial statements in a format similar to the financial statements contained in the final Official Statement relating to the 2020 Certificates, and the audited financial statements shall be provided in the same manner as the Annual Report promptly after they become available.
(2) Updates as of the end of the Fiscal Year of certain financial information and operating data contained in the final Official Statement related to the 2020 Certificates, as described in Exhibit A, in substantially the same format contained in the final Official Statement with such adjustments to formatting or presentation determined to be reasonable by the City. Any or all of the items listed above may be included by specific reference to other documents, including official statements of debt issues with respect to which the City is an “obligated person” (as defined by the Rule), which have been provided provide to the MSRB and are available through EMMA or an Annual Report which is consistent with the Securities and Exchange Commission. If the document included by reference is a final official statement, it must be available from the MSRB on EMMArequirements of Section 4 of this Disclosure Agreement. The City shall clearly identify each such other document so included by reference. In each case, the Annual Report may be submitted as a single document or as separate documents comprising a package, and may cross-include by reference other information as provided in Section 4 of this SectionDisclosure Agreement; p rovided provided, that the audited financial statements of the City City’s Water and Electric Utility Enterprise Funds 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 changeschanges for the City, it the City shall give notice of such change in the same manner as for a Material Event provided under Section 35 hereof.
(b) The Not later than fifteen (15) Business Days prior to the date specified in subsection
(a) for providing the Annual Report to the MSRB, the City shall be filed provide its Annual Report to the Dissemination Agent. If by fifteen (15) Business Days prior to such date, the Dissemination Agent has not received a copy of the Annual Report from the City, the Dissemination Agent shall contact the City to determine if the City is in compliance with subsection (a).
(c) If the Dissemination Agent is unable to verify that an Annual Report of the City has been provided to the MSRB by the date required in subsection (a), the Dissemination Agent shall send a notice to the MSRB in substantially the form attached hereto as Exhibit A.
(d) The Dissemination Agent shall:
(i) determine prior to the date for providing the Annual Report for such manner year the electronic filing address of, and format as is prescribed by the then-current procedure for, submitting Annual Reports to the MSRB; and
(ii) file a report with the City (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. The Dissemination Agent shall have no responsibility for the content of any Annual Report.
Appears in 1 contract
Samples: Continuing Disclosure Agreement
Provision of Annual Reports. (a) The City shall, or shall cause the Dissemination Agent to, provide to the MSRB an Annual Report that is consistent with the requirements of Section 3 hereof, not later than 180 days after the end of the City’s Fiscal YearAnnual Report Date, commencing with the year ending December 31, 2020, file with the MSRB, through EMMA, the following financial information and operating data (the “Annual Report”):
(1) The audited financial statements of the City report for the prior 2020-21 Fiscal Year, prepared in accordance with accounting principles generally accepted in the United States. If audited financial statements are not available by the time the Annual Report is required to be provided pursuant to this Section, the Annual Report shall contain unaudited financial statements in a format similar to the financial statements contained in the final Official Statement relating to the 2020 Certificates, and the audited financial statements shall be provided in the same manner as the Annual Report promptly after they become available.
(2) Updates as of the end of the Fiscal Year of certain financial information and operating data contained in the final Official Statement related to the 2020 Certificates, as described in Exhibit A, in substantially the same format contained in the final Official Statement with such adjustments to formatting or presentation determined to be reasonable by the City. Any or all of the items listed above may be included by specific reference to other documents, including official statements of debt issues with respect to which the City is an “obligated person” (as defined by the Rule), which have been provided to the MSRB and are available through EMMA or the Securities and Exchange Commission. If the document included by reference is a final official statement, it must be available from the MSRB on EMMA. The City shall clearly identify each such other document so included by reference. In each case, the Annual Report may be submitted as a single document or as separate documents comprising a package, and may cross-include by reference other information as provided in this SectionSection 3 hereof; p rovided provided, however, that the audited financial statements of the City may be submitted separately from the balance of the Annual Report 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 same manner as for a Material Event under Section 3MSRB.
(b) The Not later than 15 business days prior to the date specified in subsection (a) of this Section for the providing of the Annual Report to the MSRB, the City shall be filed 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 Dissemination Agent shall contact the City to determine if the City is in compliance with the first sentence of this subsection (b).
(c) If the Dissemination Agent has not received a copy of the Annual Report from the City by the date specified in subsection (a) of this Section, the Dissemination Agent shall, in a timely manner, send a notice to the MSRB in substantially the form attached as Exhibit A.
(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 the Trustee certifying that such manner Annual Report has been provided pursuant to this Disclosure Agreement and format as is prescribed by stating the date it was provided to the MSRB.
Appears in 1 contract
Samples: Continuing Disclosure Agreement
Provision of Annual Reports. (a) The City Issuer shall, or shall cause the Dissemination Agent to, not later than 180 days after the end of the CityIssuer’s Fiscal Yearfiscal year, commencing with the year ending December 31, 20202010, file with provide to the MSRB, through via EMMA, the following financial information and operating data (the “Annual Report”):
(1) The audited financial statements of the City Issuer for the prior Fiscal Yearfiscal year, prepared in accordance with accounting principles generally accepted in the United Statesaccounting principles. If audited financial statements are not available by the time the Annual Report is required to be provided filed pursuant to this Section, the Annual Report shall contain unaudited financial statements in a format similar to the financial statements contained in the final Official Statement relating to the 2020 CertificatesBonds, and the audited financial statements shall be provided in the same manner as the Annual Report promptly after they become available.
(2) Updates as of the end of the Fiscal Year fiscal year of certain financial information and operating data contained in the final Official Statement related to the 2020 CertificatesStatement, as described in Exhibit A, in substantially the same format contained in the final Official Statement with such adjustments to formatting or presentation determined to be reasonable by the CityStatement. Any or all of the items listed above may be included by specific reference to other documents, including official statements of debt issues with respect to which the City Issuer is an “obligated person” (as defined by the Rule), which have been provided to the MSRB and are is available through EMMA or to the Securities and Exchange Commission. If the document included by reference is a final official statement, it must be available from the MSRB on EMMAMSRB. The City Issuer shall clearly identify each such other document so included by reference. 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 this Section; p rovided provided that the audited financial statements of the City 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 CityIssuer’s Fiscal Year fiscal year changes, it shall give notice of such change in the same manner as for a Material Event under Section 3.
(b) The Dissemination Agent shall notify the Issuer each year not later than 90 days prior to the date for providing the Annual Report to the Repositories, of the date on which its Annual Report must be provided to the Dissemination Agent or Repositories.
(c) Not later than the date specified in subsection (a) for providing the Annual Report to the MSRB, the Issuer shall be filed either (1) provide the Annual Report to the Dissemination Agent, with written instructions to file the Annual Report as specified in subsection (a), or (2) provide written notice to the Dissemination Agent that the Issuer has provided the Annual Report to the MSRB (or will do so prior to the deadline specified in subsection (a).
(d) If the Dissemination Agent has not received either an Annual Report with filing instructions or a written notice from the Issuer that it has provided an Annual Report to the MSRB by the date required in subsection (a), the Dissemination Agent shall send a notice to the MSRB in such manner substantially the form attached as Exhibit B.
(e) The Dissemination Agent shall, unless the Issuer has provided the Annual Report to the MSRB, promptly following receipt of the Annual Report and format as is prescribed by instructions required in subsection (b) above, provide the Annual Report to the MSRB and file a report with the Issuer certifying that the Annual Report has been provided pursuant to this Continuing Disclosure Agreement, stating the date it was provided to the MSRB.
(f) In addition to the foregoing requirements of this Section, the Issuer agrees to provide copies of the most recent Annual Report to any requesting Beneficial Owner or prospective Beneficial Owner, but only after the same have been delivered to the MSRB.
Appears in 1 contract
Samples: Continuing Disclosure Agreement
Provision of Annual Reports. (a) The City shall, or shall cause the Dissemination Agent to, not later than 180 days after June 30th immediately following the end of the City’s Fiscal Year, commencing with the year ending December 31, 2020, file with the MSRB, through EMMA, the following financial information and operating data (the “Annual Report”):
(1) The audited financial statements of the City for the prior Fiscal Year, prepared in accordance with the accounting principles generally accepted stated in the United Statesnotes to the financial statements attached as Appendix B to the Official Statement relating to the Bonds. If audited financial statements are not available by the time the Annual Report is required to be provided pursuant to this Section, the Annual Report shall contain unaudited financial statements in a format similar to the financial statements contained in the final Official Statement relating to the 2020 CertificatesBonds, and the audited financial statements shall be provided in the same manner as the Annual Report promptly after they become available.
(2) Updates as of the end of the Fiscal Year of certain financial information and operating data contained in the final Official Statement related to the 2020 CertificatesBonds, as described in Exhibit A, in substantially the same format contained in the final Official Statement with such adjustments to formatting or presentation determined to be reasonable by the City. Any or all of the items listed above may be included by specific reference to other documents, including official statements of debt issues with respect to which the City is an “obligated person” (as defined by the Rule), which have been provided to the MSRB and are available through EMMA or the Securities and Exchange Commission. If the document included by reference is a final official statement, it must be available from the MSRB on EMMA. The City shall clearly identify each such other document so included by reference. 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 this Section; p rovided provided that the audited financial statements of the City 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 give notice of such change in the same manner as for a Material Event under Section 3, and the Annual Report deadline provided above shall automatically become the last day of the sixth month after the end of the City’s new fiscal year.
(b) Not later than the date specified in subsection (a) for providing the Annual Report to the MSRB, the City shall either (1) provide the Annual Report to the Dissemination Agent, with written instructions to file the Annual Report as specified in subsection (a), or (2) provide written notice to the Dissemination Agent that the City has provided the Annual Report to the MSRB (or will do so prior to the deadline specified in subsection (a)).
(c) If the Dissemination Agent has not received either an Annual Report with filing instructions or a written notice from the City that it has provided an Annual Report to the MSRB by the date required in subsection (a), the Dissemination Agent shall send a notice to the MSRB in substantially the form attached as Exhibit B.
(d) The Dissemination Agent shall, unless the City has provided the Annual Report to the MSRB, promptly following receipt of the Annual Report and instructions required in subsection (b) above, provide the Annual Report to the MSRB and provide a report to the City certifying that the Annual Report has been provided pursuant to this Continuing Disclosure Agreement, stating the date it was provided to the MSRB.
(e) The Annual Report shall be filed with the MSRB in such manner and format as is prescribed by the MSRB.
Appears in 1 contract
Samples: Continuing Disclosure Agreement
Provision of Annual Reports. (a) The City shall, or shall cause the Dissemination Agent to, not later than 180 days after the end of the City’s Fiscal Year, commencing with the year ending December 31, 20202014, file with the MSRB, through EMMA, the following financial information and operating data (the “Annual Report”):
(1) The audited financial statements of the City for the prior Fiscal Year, prepared in accordance with accounting principles generally accepted in the United States. If audited financial statements are not available by the time the Annual Report is required to be provided pursuant to this Section, the Annual Report shall contain unaudited financial statements in a format similar to the financial statements information contained in the final Official Statement relating to the 2020 Certificates, and the audited financial statements shall be provided in the same manner as the Annual Report promptly after they become available.
(2) Updates as of the end of the Fiscal Year fiscal year of certain financial information and operating data contained in the final Official Statement related to the 2020 CertificatesStatement, as described in Exhibit A, in substantially the same format contained in the final Official Statement with such adjustments to formatting or presentation determined to be reasonable by the CityStatement. Any or all of the items listed above may be included by specific reference to other documents, including official statements of debt issues with respect to which the City is an “obligated person” (as defined by the Rule), which have been provided to the MSRB and are is available through EMMA or the Securities and Exchange Commission. If the document included by reference is a final official statement, it must be available from the MSRB on EMMA. The City shall clearly identify each such other document so included by reference. 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 this Section; p rovided provided that the audited financial statements of the City 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 fiscal year changes, it shall give notice of such change in the same manner as for a Material Event under Section 3.
(b) The Not later than the date specified in subsection (a) for providing the Annual Report shall be filed with the MSRB in such manner and format as is prescribed by to the MSRB., the City shall either (1) provide the Annual Report to the Dissemination Agent, with written instructions to file the Annual Report as specified in subsection (a), or
Appears in 1 contract
Samples: Continuing Disclosure Agreement
Provision of Annual Reports. (a) The City shall, or shall cause the Dissemination Agent to, not later than 180 days after the end of the City’s Fiscal YearAnnual Report Date, commencing with the year ending December 31report for the 2020-21 fiscal year, 2020, file with provide to the MSRB, through EMMA, the following financial information and operating data (the “Annual Report”):
(1) The audited financial statements of the City for the prior Fiscal Year, prepared in accordance with accounting principles generally accepted in the United States. If audited financial statements are not available an electronic format prescribed by the time MSRB, an Annual Report which is consistent with the requirements of Section 4. Not later than 15 Business Days prior to the Annual Report is required to be provided pursuant to this SectionDate, the City shall provide the Annual Report shall contain unaudited financial statements in a format similar to the financial statements contained in Dissemination Agent (if other than the final Official Statement relating City). If by 15 Business Days prior to the 2020 Certificates, and the audited financial statements shall be provided in the same manner as the Annual Report promptly after they become available.
Date the Dissemination Agent (2if other than the City) Updates as has not received a copy of the end of Annual Report, the Fiscal Year of certain financial information and operating data contained in Dissemination Agent shall contact the final Official Statement related City to the 2020 Certificates, as described in Exhibit A, in substantially the same format contained in the final Official Statement with such adjustments to formatting or presentation determined to be reasonable by the City. Any or all of the items listed above may be included by specific reference to other documents, including official statements of debt issues with respect to which determine if the City is an “obligated person” (as defined by in compliance with the Rule), which have been provided to the MSRB and are available through EMMA or the Securities and Exchange Commission. If the document included by reference is a final official statement, it must be available from the MSRB on EMMAprevious sentence. The City shall clearly identify each such other document so included by reference. In each case, the Annual Report may be submitted as a single document or as separate documents comprising a package, and may cross-include by reference other information as provided in this SectionSection 4; p rovided provided that the audited financial statements of the City may be submitted separately from the balance of the Annual Report 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 fiscal year changes, it shall give notice of such change in through the same manner as for MSRB. The City shall provide a Material Event under Section 3written 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 the City hereunder.
(b) The If the City is unable to provide to the Repositories an Annual Report by the date required in subsection (a), the City shall be filed with send a notice to the MSRB Municipal Securities Rulemaking Board and the appropriate State Repository, if any, in such manner substantially the form attached as Exhibit A.
(c) With respect to each Annual Report, the Dissemination Agent shall: (i) determine each year prior to the Annual Report Date the then-applicable rules and electronic format as is prescribed by the MSRBMSRB for the filing of annual continuing disclosure reports; and (ii) if the Dissemination Agent is other than the City, file a report with the City certifying that the Annual Report has been provided under this Disclosure Certificate, and stating the date it was provided and listing all the Repositories to which it was provided.
Appears in 1 contract
Samples: Financing Agreement
Provision of Annual Reports. (a) The City shall, or shall cause the Dissemination Agent to, not later than 180 days after the end of the City’s Fiscal YearYear (presently June 30), commencing with the year ending December 31, 2020, file with the MSRB, through EMMA, the following financial information and operating data (the “Annual Report”):
(1) The audited financial statements of the City report for the prior 2009-10 Fiscal Year, prepared in accordance with accounting principles generally accepted in the United States. If audited financial statements are not available by the time the Annual Report is required to be provided pursuant to this Section, the Annual Report shall contain unaudited financial statements in a format similar to the financial statements contained in the final Official Statement relating to the 2020 Certificates, and the audited financial statements shall be provided in the same manner as the Annual Report promptly after they become available.
(2) Updates as of the end of the Fiscal Year of certain financial information and operating data contained in the final Official Statement related to the 2020 Certificates, as described in Exhibit A, in substantially the same format contained in the final Official Statement with such adjustments to formatting or presentation determined to be reasonable by the City. Any or all of the items listed above may be included by specific reference to other documents, including official statements of debt issues with respect to which the City is an “obligated person” (as defined by the Rule), which have been provided provide to the MSRB and are available through EMMA or an Annual Report which is consistent with the Securities and Exchange Commission. If the document included by reference is a final official statement, it must be available from the MSRB on EMMArequirements of Section 4 of this Disclosure Agreement. The City shall clearly identify each such other document so included by reference. In each case, the Annual Report may be submitted as a single document or as separate documents comprising a package, and may cross-include by reference other information as provided in Section 4 of this SectionDisclosure Agreement; p rovided provided, that the audited financial statements of the City City’s Water and Electric Utility Enterprise Funds 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 changeschanges for the City, it the City shall give notice of such change in the same manner as for a Material Event provided under Section 35 hereof.
(b) The Not later than fifteen (15) Business Days prior to the date specified in subsection (a) for providing the Annual Report to the MSRB, the City shall be filed provide its Annual Report to the Dissemination Agent. If by fifteen (15) Business Days prior to such date, the Dissemination Agent has not received a copy of the Annual Report from the City, the Dissemination Agent shall contact the City to determine if the City is in compliance with subsection (a).
(c) If the Dissemination Agent is unable to verify that an Annual Report of the City has been provided to the MSRB by the date required in subsection (a), the Dissemination Agent shall send a notice to the MSRB in substantially the form attached hereto as Exhibit A.
(d) The Dissemination Agent shall:
(i) determine prior to the date for providing the Annual Report for such manner year the electronic filing address of, and format as is prescribed by the then-current procedure for, submitting Annual Reports to the MSRB; and
(ii) file a report with the City (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. The Dissemination Agent shall have no responsibility for the content of any Annual Report.
Appears in 1 contract
Samples: Continuing Disclosure Agreement
Provision of Annual Reports. (a) The City shall, or shall cause the Dissemination Agent to, not later than 180 days March 31 after the end of the City’s Fiscal Yearfiscal year of each year, commencing March 31, 2021 with the year ending December 31report for the 2019-2020 fiscal year, 2020, file with provide to the MSRB, through EMMA, the following financial in an electronic format accompanied by identifying information and operating data (the “Annual Report”):
(1) The audited financial statements of the City for the prior Fiscal Year, prepared in accordance with accounting principles generally accepted in the United States. If audited financial statements are not available as prescribed by the time the MSRB, an Annual Report which is required to be provided pursuant to consistent with the requirements of Section 4 of this Section, the Annual Report shall contain unaudited financial statements in a format similar to the financial statements contained in the final Official Statement relating to the 2020 Certificates, and the audited financial statements shall be provided in the same manner as the Annual Report promptly after they become available.
(2) Updates as of the end of the Fiscal Year of certain financial information and operating data contained in the final Official Statement related to the 2020 Certificates, as described in Exhibit A, in substantially the same format contained in the final Official Statement with such adjustments to formatting or presentation determined to be reasonable by the City. Any or all of the items listed above may be included by specific reference to other documents, including official statements of debt issues with respect to which the City is an “obligated person” (as defined by the Rule), which have been provided to the MSRB and are available through EMMA or the Securities and Exchange Commission. If the document included by reference is a final official statement, it must be available from the MSRB on EMMADisclosure Agreement. The City shall clearly identify each such other document so included by reference. In each case, the Annual Report may be submitted as a single document or as separate documents comprising a package, and may cross-include by reference other information as provided in Section 4 of this SectionDisclosure Agreement; p rovided provided that the audited financial statements of the City may be submitted separately from the balance of the Annual Report 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 fiscal year changes, it shall give notice of such change in the same manner as for a Material Listed Event under Section 35(b).
(b) The Not later than fifteen (15) business days prior to the date specified in subsection
(a) above for providing the Annual Report to the MSRB, the City shall provide the Annual Report to the Dissemination Agent (if other than the City). If by the date specified in subsection (a) above, the Dissemination Agent has not received a copy of the Annual Report, the Dissemination Agent shall contact the City to determine if the City is in compliance with the first sentence of this subsection (b). The City 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 filed with furnished by it hereunder.
(c) If the Dissemination Agent is unable to verify that an Annual Report has been provided to the MSRB by the date required in subsection (a), the Dissemination Agent shall send a notice, in a timely manner, to the MSRB in substantially the form attached as Exhibit A, or in such manner and format other form as is prescribed by the or acceptable to MSRB.
(d) The Dissemination Agent (if other than the City) shall, if and to the extent the City has provided an Annual Report in final form to the Dissemination Agent for dissemination, file a report with the City (which may be provided electronically on the Dissemination Agent’s website) 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 City shall, or shall cause the Dissemination Agent to, not later than 180 210 days after the end of the City’s Fiscal Year, commencing with the year ending December 31, 20202018, file with the MSRB, through EMMA, the following financial information and operating data (the “Annual Report”):
(1) The audited financial statements of the City for the prior Fiscal Year, prepared in accordance with accounting principles generally accepted in the United States. If audited financial statements are not available by the time the Annual Report is required to be provided pursuant to this Section, either (a) the Annual Report shall contain unaudited financial statements in a format similar to the financial statements contained in the final Official Statement relating to the 2020 Certificates, and the audited financial statements shall be provided filed in the same manner as the Annual Report promptly after they become available, or (b) the City shall instruct the Dissemination Agent to promptly send a notice to the MSRB of the failure of the City to include audited financial statements in the Annual Report, which notice shall be given by the City or the Dissemination Agent in accordance with Section 3.
(2) Updates as of the end of the Fiscal Year fiscal year of certain financial information and operating data contained in the final Official Statement related to the 2020 CertificatesStatement, as described in Exhibit A, in substantially the same format contained in the final Official Statement with such adjustments to formatting or presentation determined to be reasonable by the CityStatement. Any or all of the items listed above may be included by specific reference to other documents, including official statements of debt issues with respect to which the City is an “obligated person” (as defined by the Rule), which have been provided to the MSRB and are is available through EMMA or the Securities and Exchange Commission. If the document included by reference is a final official statement, it must be available from the MSRB on EMMA. The City shall clearly identify each such other document so included by reference. 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 this Section; p rovided provided that the audited financial statements of the City 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 fiscal year changes, it shall give notice of such change in the same manner as for a Material Event under Section 3.
(b) The Not later than the date specified in subsection (a) for providing the Annual Report shall be filed with the MSRB in such manner and format as is prescribed by to the MSRB., the City shall either (1) provide the Annual Report to the Dissemination Agent, with written instructions to file the Annual Report as specified in subsection (a), or
Appears in 1 contract
Samples: Continuing Disclosure Agreement
Provision of Annual Reports. (a) The City shall, Issuer shall not later than 180 days after the end of the CityIssuer’s Fiscal Year, commencing with the year ending December 31, 20202013, file with the MSRB, through EMMA, the following financial information and operating data (the “Annual Report”):
(1) The audited financial statements of the City Issuer for the prior Fiscal Year, Year prepared in accordance with the accounting principles generally accepted described in the United Statesnotes to the financial statements included as part of the final Official Statement for the Bonds and audited by its independent auditors. If audited financial statements are not available by the time the Annual Report is required to be provided pursuant to this Section, the Annual Report shall contain unaudited financial statements information in a format similar to the audited financial statements contained in the final Official Statement relating to the 2020 CertificatesBonds, and the audited financial statements shall be provided in the same manner as the Annual Report promptly after they become available.
(2) Updates as of the end of the Fiscal Year of certain financial information and operating data contained in the final Official Statement related to the 2020 CertificatesStatement, as described in Exhibit AA hereto, in substantially the same format contained in the final Official Statement with such adjustments modifications to the formatting or and general presentation determined to be reasonable thereof as deemed appropriate by the CityIssuer; provided, any substantive change to information provided shall be effected only in accordance with Section 6 hereof. Any or all of the items listed above may be included by specific reference to other documents, including official statements of debt issues with respect to which the City Issuer is an “obligated person” (as defined by the Rule), which have been provided to filed with the MSRB and are available through EMMA or the Securities and Exchange Commission. If the document included by reference is a final official statement, it must be available from the MSRB on EMMA. The City Issuer shall clearly identify each such other document so included by reference. 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 this Section; p rovided provided that the audited financial statements of the City 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 CityIssuer’s Fiscal Year changes, it shall give notice of such change in the same manner as for a Material Event under Section 33 hereof.
(b) In addition to the foregoing requirements of this Section, the Issuer agrees to provide copies of the most recent Annual Report to any requesting Beneficial Owner or prospective Beneficial Owner, but only after the same has been filed with the MSRB on XXXX.
(c) The Annual Report shall be filed with the MSRB in such manner and format as is prescribed by the MSRB.
Appears in 1 contract
Samples: Base Lease