Section Headings and References. The headings or titles of the several Sections hereof, and any table of contents appended to copies hereof, shall be solely for convenience of reference and shall not affect the meaning, construction or effect of this Appendix A-16. All references herein to “Sections” and other subdivisions are to the corresponding Sections or subdivisions of the Master Agreement and of this Appendix A-16; and the words “herein,” “hereof,” “hereunder” and other words of similar import refer to the Master Agreement, as supplemented and amended, as a whole and not to any particular Article, Section or subdivision hereof. $ No. R-C- INTEREST RATE MATURITY DATE DATED AS OF % March 1, 20 November , 2012 Registered Owner: Banc of America Public Capital Corp. Principal Sum: Dollars THE CITY OF SAN XXXX, a chartered city and municipal corporation organized and existing under the Constitution and laws of the State of California (herein called the “City”), for value received, hereby promises to pay (but only out of the General Airport Revenues hereinafter referred to) to the registered Owner set forth above, or registered assigns, on the maturity date set forth above (subject to any right of prior redemption hereinafter provided for), the principal sum set forth above in lawful money of the United States of America, and to pay interest thereon in like lawful money from the interest payment date next preceding the date of authentication of this Bond (unless this Bond is authenticated as of a day during the period from the 16th day of the month next preceding any interest payment date to and including such interest payment date, in which event it shall bear interest from such interest payment date), until payment of such principal sum, at the interest rate per annum stated above, payable on March 1, 2013, and on March 1 and September 1 in each year. The principal (or redemption price) hereof is payable to the registered Owner hereof upon the surrender hereof at the corporate trust office of The Bank of New York Mellon Trust Company, N.A., as trustee of the City (herein called the “Trustee”), in San Francisco, California or such other place as the Trustee shall determine. The interest hereon is payable to the person whose name appears on the bond registration books of the Trustee as the registered Owner hereof as of the close of business on the 15th day of the month immediately preceding an interest payment date, whether or not such day is a business day, such interest to be paid by check mailed by first class mail on such payment date to such registered Owner at the Owner’s address as it appears on such registration books (except that in the case of a registered Owner of one million dollars ($1,000,000) or more in principal amount, such payment may, at such registered Owner’s written request, be made by wire transfer of immediately available funds to the bank account number for such Owner on file with the Trustee prior to the 15th day of the month preceding such interest payment date). The Bonds (defined below) shall not be issued as Book-Entry Bonds. If the Bonds are subsequently held as Book-Entry Bonds and registered in the name of Cede & Co. or its registered assigns, payment shall be made by wire transfer of immediately available funds. Interest on this Bond shall be calculated on the basis of a 360-day year comprising twelve 30-day months. This Bond is a duly authorized revenue bond of the City designated as the “City of San Xxxx Airport Revenue Refunding Bonds, Series 2012 (Non-AMT)” (herein called the “Bonds”), and of a single, fully registered Bond without coupons in the aggregate principal amount of $49,140,000. The Bonds shall be dated as of their initial delivery date and shall mature on March 1, 2018. Interest on the Bonds shall be first payable on March 1, 2013, and thereafter on September 1 and March 1 in each year. The Bonds shall bear interest at a rate of [ ]%. Interest shall be computed on the basis of a 360-day year of twelve (12) 30-day months. Principal on the Bonds shall be due annually on March 1 of each year, commencing on March 1, 2013. The Bonds shall be issued under and pursuant to the provisions of Sections 200 and 1220 of the City Charter and the City of San Xxxx Airport Revenue Bond Law, Chapter 4.38 of the San Xxxx Municipal Code (herein collectively called the “Law”), and pursuant to the Master Trust Agreement, dated as of July 1, 2001 (the “Master Trust Agreement”) between the City and the Trustee, as amended and supplemented by a Ninth Supplemental Trust Agreement, dated as of November 1, 2012, between the City and the Trustee (the “Ninth Supplemental Trust Agreement” and, together with the Master Trust Agreement, the “Master Trust Agreement”) authorizing the issuance of the Bonds. All capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in the Master Trust Agreement. Reference is hereby made to the Master Trust Agreement and to the Law for a description of the terms on which the Bonds are issued, the provisions with regard to the nature and extent of the General Airport Revenues, as that term is defined in the Master Trust Agreement, the rights thereunder of the registered Owner of the Bonds, the rights, duties and immunities of the Trustee, and the rights and obligations of the City thereunder. All the terms of the Master Trust Agreement and the Law are hereby incorporated herein and constitute a contract between the City and the Owner of this Bond. By acceptance of this Bond, the Owner of this Bond consents and agrees to all the provisions the Bonds, the Master Trust Agreement and the Law. Each Owner hereof shall have recourse to all of the provisions of the Law and the Master Trust Agreement and shall be bound by all of the terms and conditions thereof. The Bonds are issued to refinance a portion of the costs of designing and constructing certain improvements to the Enterprise (as defined in the Master Trust Agreement). The Bonds are special obligations of the City and are payable, as to the principal thereof, interest thereon and any premiums upon the redemption of any thereof, from General Airport Revenues (which are more particularly defined in the Master Trust Agreement). All of the Bonds are equally secured by a pledge of, and charge and lien upon, all of the General Airport Revenues, and the General Airport Revenues constitute a trust fund for the security and payment of the interest on and principal of the Bonds; but nevertheless out of General Airport Revenues certain amounts may be applied for other purposes as provided in the Master Trust Agreement. Additional series of Bonds payable from the General Airport Revenues may be issued on a parity with the Bonds of this series, but only subject to the conditions and limitations contained in the Master Trust Agreement. The City will, at all times while any of the Bonds remain outstanding, manage its operations and establish, fix, prescribe and collect rentals, rates, fees and charges in connection with the services and facilities furnished by the Enterprise in each Fiscal Year so that the sum of (i) Net General Airport Revenues, plus (ii) any Other Available Funds, for such Fiscal Year, after making reasonable allowances for contingencies and errors in the estimates, will be at least sufficient to pay the amounts provided in the Master Trust Agreement. The rights and obligations of the City and the register Owner of the Bonds may be modified or amended at any time in the manner, to the extent and upon the terms provided in the Master Trust Agreement, but no such modification or amendment shall (1) extend the fixed maturity of this Bond or reduce the rate of interest hereon or extend the time of payment of interest, or reduce the amount of the principal hereof or reduce any premium payable upon the redemption hereof, without the consent of the Owner hereof, or (2) reduce the percentage of Bonds required for the affirmative vote or written consent to an amendment or modification of the Master Trust Agreement or (3) modify any of the rights or obligations of the Trustee without its written consent, all as more fully set forth in the Master Trust Agreement. The Bonds are subject to optional and mandatory redemption under the circumstances and upon the terms prescribed in the Master Trust Agreement and Ninth Supplemental Trust Agreement, which provisions are incorporated herein by reference. Notice of redemption of the Bonds shall be mailed to the registered Owner of any Bonds designated for redemption, at least thirty days prior to the redemption date. If this Bond is called for redemption and payment is duly provided therefor as specified in the Master Trust Agreement, interest shall cease to accrue hereon from and after the date fixed for redemption, except that the City shall have the option to rescind and cancel any notice of redemption at any time prior to the redemption date specified in such notice. If an Event of Default, as defined in the Master Trust Agreement, shall occur, the principal of all Bonds may be declared due and payable upon the conditions, in the manner and with the effect provided in the Master Trust Agreement, but such declaration and its consequences may be rescinded and annulled as further provided in the Master Trust Agreement. The Trustee shall assign each Bond authenticated and registered by it a distinctive letter, or number, or letter and number, and shall maintain a record thereof which shall be available to the City for inspection. Subject to the limitations and conditions and upon payment of the charges, if any, as provided in the Master Trust Agreement, the Bonds may be exchanged for a like aggregate principal amount of Bonds of the same series and maturity of other authorized denominations. This Bond is transferable by the registered Owner hereof, in person or by his attorney duly authorized in writing, at said office of the Trustee, but only in the manner, subject to the limitations and upon payment of the charges provided in the Section A-16.11 of the Master Trust Agreement, and upon surrender and cancellation of this Bond. Upon such transfer a new fully registered Bond or Bonds, of authorized denomination or denominations and of the same series and maturity date, for the same aggregate principal amount will be issued to the transferee in exchange herefor. The City and the Trustee may treat the registered Owner hereof as the absolute Owner hereof for all purposes, and the City and the Trustee shall not be affected by any notice to the contrary. It is hereby certified that all of the conditions, things and acts required to exist, to have happened or to have been performed precedent to and in the issuance of this Bond do exist, have happened or have been performed in due and regular time, form and manner as required by the Law and the laws of the State of California, and that the amount of this Bond, together with all other obligations of the City, does not exceed any limit prescribed by the Law or any laws of the State of California, and is not in excess of the amount of Bonds permitted to be issued under the Master Trust Agreement. This Bond shall not be entitled to any benefit under the Master Trust Agreement, or become valid or obligatory for any purpose, until the certificate of authentication and registration hereon endorsed shall have been signed by the Trustee.

Appears in 1 contract

Samples: Supplemental Trust Agreement

Section Headings and References. The headings or titles of the several Sections hereof, and any table of contents appended to copies hereof, shall be solely for convenience of reference and shall not affect the meaning, construction or effect of this Appendix ~~A-16~~A-17. All references herein to “Sections” and other subdivisions are to the corresponding Sections or subdivisions of the Master Agreement and of this Appendix ~~A-16~~A-17; and the words “herein,” “hereof,” “hereunder” and other words of similar import refer to the Master Agreement, as supplemented and amended, as a whole and not to any particular Article, Section or subdivision hereof. $ City of San Xxxx Airport Revenue Refunding Bonds, Series 2014A, Series 2014B and Series 2014C (Issue Date: October , 2014) Request No~~. R-C- INTEREST RATE MATURITY DATE DATED AS OF % March 1, 20 November , 2012 Registered Owner~~.: ~~Banc of America Public Capital Corp. Principal Sum: Dollars THE CITY OF SAN XXXX, a chartered city and municipal corporation organized and existing under the Constitution and laws~~ COI- (to be sequentially numbered) The undersigned authorized representatives of the ~~State~~ City of San José, California (~~herein called~~ the “City”), ~~for value received,~~ hereby promises to pay (but only out of the General Airport Revenues hereinafter referred to) to the registered Owner set forth above, or registered assigns, on the maturity date set forth above (subject to any right of prior redemption hereinafter provided for), the principal sum set forth above in lawful money of the United States of America, and to pay interest thereon in like lawful money from the interest payment date next preceding the date of authentication of this Bond (unless this Bond is authenticated as of a day during the period from the 16th day of the month next preceding any interest payment date to and including such interest payment date, in which event it shall bear interest from such interest payment date), until payment of such principal sum, at the interest rate per annum stated above, payable on March 1, 2013, and on March 1 and September 1 in each year. The principal (or redemption price) hereof is payable to the registered Owner hereof upon the surrender hereof at the corporate trust office of request The Bank of New York Mellon Trust Company, N.A., as trustee ~~of the City~~ (~~herein called~~ the “Trustee”), in San Francisco, California or such other place as the Trustee shall determine. The interest hereon is payable to the person whose name appears on the bond registration books of the Trustee as the registered Owner hereof as of the close of business on the 15th day of the month immediately preceding an interest payment date, whether or not such day is a business day, such interest to be paid by check mailed by first class mail on such payment date to such registered Owner at the Owner’s address as it appears on such registration books (except ) under that in the case of a registered Owner of one million dollars ($1,000,000) or more in principal amount, such payment may, at such registered Owner’s written request, be made by wire transfer of immediately available funds to the bank account number for such Owner on file with the Trustee prior to the 15th day of the month preceding such interest payment date). The Bonds (defined below) shall not be issued as Book-Entry Bonds. If the Bonds are subsequently held as Book-Entry Bonds and registered in the name of Cede & Co. or its registered assigns, payment shall be made by wire transfer of immediately available funds. Interest on this Bond shall be calculated on the basis of a 360-day year comprising twelve 30-day months. This Bond is a duly authorized revenue bond of the City designated as the “City of San Xxxx Airport Revenue Refunding Bonds, Series 2012 (Non-AMT)” (herein called the “Bonds”), and of a single, fully registered Bond without coupons in the aggregate principal amount of $49,140,000. The Bonds shall be dated as of their initial delivery date and shall mature on March 1, 2018. Interest on the Bonds shall be first payable on March 1, 2013, and thereafter on September 1 and March 1 in each year. The Bonds shall bear interest at a rate of [ ]%. Interest shall be computed on the basis of a 360-day year of twelve (12) 30-day months. Principal on the Bonds shall be due annually on March 1 of each year, commencing on March 1, 2013. The Bonds shall be issued under and pursuant to the provisions of Sections 200 and 1220 of the City Charter and the City of San Xxxx Airport Revenue Bond Law, Chapter 4.38 of the San Xxxx Municipal Code (herein collectively called the “Law”), and pursuant to the certain Master Trust Agreement, dated as of July 1, ~~2001 (the “Master Trust Agreement”)~~ 2001, between the City and the Trustee, as amended and supplemented by ~~a Ninth~~ the Tenth Supplemental Trust ~~Agreement,~~ Agreement dated as of ~~November~~ October 1, ~~2012~~2014, between the City and the Trustee (~~the “Ninth Supplemental Trust Agreement” and, together with the Master Trust Agreement~~collectively, the “~~Master~~ Trust Agreement”~~) authorizing the issuance of the Bonds. All capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in the Master Trust Agreement. Reference is hereby made~~ ), to pay to the ~~Master Trust Agreement and to the Law for a description of the terms~~ Persons listed on ~~which the Bonds are issued~~Schedule I attached hereto, the ~~provisions with regard to~~ amounts shown for the ~~nature and extent~~ purposes indicated from the 2014A Costs of ~~the General Airport Revenues, as that term is defined in the Master Trust Agreement~~Issuance Fund, the ~~rights thereunder~~ 2014B Costs of ~~the registered Owner of the Bonds, the rights, duties and immunities of the Trustee,~~ Issuance Fund and the ~~rights and obligations~~ 2014C Costs of Issuance Fund held under the City thereunder. All the terms of the Master Trust Agreement and the Law are hereby incorporated herein and constitute a contract between the City and the Owner of this Bond. By acceptance of this Bond, the Owner of this Bond consents and agrees to all the provisions the Bonds, the Master Trust Agreement and the Law. Each Owner hereof shall have recourse to all of the provisions of the Law and the Master Trust Agreement and shall be bound by all of the terms and conditions thereof. The Bonds are issued to refinance a portion of the costs of designing and constructing certain improvements to the Enterprise (as defined in the Master Trust Agreement). The Bonds are special obligations of the City and are payable, as to the principal thereof, interest thereon and any premiums upon the redemption of any thereof, from General Airport Revenues (which are more particularly defined in the Master Trust Agreement). All of the Bonds are equally secured by a pledge of, and charge and lien upon, all of the General Airport Revenues, and the General Airport Revenues constitute a trust fund for the security and payment of the interest on and principal of the Bonds; but nevertheless out of General Airport Revenues certain amounts may be applied for other purposes as provided in the Master Trust Agreement. Additional series of Bonds payable from the General Airport Revenues may be issued on a parity with the Bonds of this series, but only subject to the conditions and limitations contained in the Master Trust Agreement. The City will, at all times while any of the Bonds remain outstanding, manage its operations and establish, fix, prescribe and collect rentals, rates, fees and charges in connection with the services and facilities furnished by the Enterprise in each Fiscal Year so hereby certifies that ~~the sum of (i) Net General Airport Revenues, plus (ii) any Other Available Funds, for such Fiscal Year, after making reasonable allowances for contingencies and errors~~ obligations in the ~~estimates, will be at least sufficient to pay the~~ amounts ~~provided~~ stated in ~~the Master Trust Agreement. The rights and obligations of~~ this Requisition have been incurred by the City and the register Owner of the Bonds may be modified or amended at any time in the manner, to the extent and upon the terms provided in the Master Trust Agreement, but no such modification or amendment shall (1) extend the fixed maturity of this Bond or reduce the rate of interest hereon or extend the time of payment of interest, or reduce the amount of the principal hereof or reduce any premium payable upon the redemption hereof, without the consent of the Owner hereof, or (2) reduce the percentage of Bonds required for the affirmative vote or written consent to an amendment or modification of the Master Trust Agreement or (3) modify any of the rights or obligations of the Trustee without its written consent, all as more fully set forth in the Master Trust Agreement. The Bonds are subject to optional and mandatory redemption under the circumstances and upon the terms prescribed in the Master Trust Agreement and Ninth Supplemental Trust Agreement, which provisions are incorporated herein by reference. Notice of redemption of the Bonds shall be mailed to the registered Owner of any Bonds designated for redemption, at least thirty days prior to the redemption date. If this Bond is called for redemption and payment is duly provided therefor as specified in the Master Trust Agreement, interest shall cease to accrue hereon from and after the date fixed for redemption, except that the City shall have the option to rescind and cancel any notice of redemption at any time prior to the redemption date specified in such notice. If an Event of Default, as defined in the Master Trust Agreement, shall occur, the principal of all Bonds may be declared presently due and payable upon the conditions, in the manner and with the effect provided in the Master Trust Agreement, but such declaration and its consequences may be rescinded and annulled as further provided in the Master Trust Agreement. The Trustee shall assign each Bond authenticated and registered by it a distinctive letter, or number, or letter and number, and shall maintain a record thereof which shall be available to the City for inspection. Subject to the limitations and conditions and upon payment of the charges, if any, as provided in the Master Trust Agreement, the Bonds may be exchanged for a like aggregate principal amount of Bonds of the same series and maturity of other authorized denominations. This Bond is transferable by the registered Owner hereof, in person or by his attorney duly authorized in writing, at said office of the Trustee, but only in the manner, subject to the limitations and upon payment of the charges provided in the Section A-16.11 of the Master Trust Agreement, and upon surrender and cancellation of this Bond. Upon such transfer a new fully registered Bond or Bonds, of authorized denomination or denominations and of the same series and maturity date, for the same aggregate principal amount will be issued to the transferee in exchange herefor. The City and the Trustee may treat the registered Owner hereof as the absolute Owner hereof for all purposes, and the City and the Trustee shall not be affected by any notice to the contrary. It is hereby certified that all of the conditions, things and acts required to exist, to have happened or to have been performed precedent to and in the issuance of this Bond do exist, have happened or have been performed in due and regular time, form and manner as required by the Law and the laws of the State of Californiapayable, and that the ~~amount~~ percentage of ~~this Bond~~each item set forth on Schedule I hereto is a proper charge against the 2014A Costs of Issuance Fund, ~~together with all other obligations~~ the 2014B Costs of Issuance Fund and the ~~City, does not exceed any limit prescribed by the Law or any laws~~ 2014C Costs of ~~the State of California~~Issuance Fund, and is has not ~~in excess of the amount of Bonds permitted to be issued under the Master Trust Agreement~~been previously paid therefrom. ~~This Bond shall not be entitled to any benefit under the Master Trust Agreement~~Dated: Total Amount: $ CITY OF SAN JOSE, ~~or become valid or obligatory for any purpose, until the certificate of authentication and registration hereon endorsed shall have been signed by the Trustee.~~CALIFORNIA By: Authorized Airport Representative By: Authorized Finance Representative AMOUNT PAYABLE FROM 2014A COSTS OF ISSUANCE FUND AMOUNT PAYABLE FROM 201C COSTS OF ISSUANCE FUND AMOUNT % ALLOCABLE AMOUNT ALLOCABLE % ALLOCABLE AMOUNT ALLOCABLE % ALLOCABLE AMOUNT ALLOCABLE OF TO 2014A TO 2014A TO 2014B TO 2014B TO 2014C TO 0000X XXXXX XXXXXXX XXXXXXX $ BONDS % BONDS $ BONDS % BONDS $ BONDS BONDS

Appears in 1 contract

Samples: Supplemental Trust Agreement

Section Headings and References. { TC "SECTION A- 21.14. Section Headings and References" \l "2" \y}. The headings or titles of the several Sections hereof, and any table of contents appended to copies hereof, shall be solely for convenience of reference and shall not affect the meaning, construction or effect of this Appendix ~~A-16~~A-21. All references herein to “Sections” and other subdivisions are to the corresponding Sections or subdivisions of the Master Agreement and of this Appendix ~~A-16~~A-21; and the words “herein,” “hereof,” “hereunder” and other words of similar import refer to the Master Agreement, as supplemented and amended, as a whole and not to any particular Article, Section or subdivision hereof. OHSUSA:766237564.6 A-21-9 City of San Xxxx Airport Revenue Refunding Bonds, Series 2017A and Series 2017B (Issue Date: April , 2017) Request No.: COI- (to be sequentially numbered) The undersigned authorized representatives of the City of San José, California (the “City”), hereby request The Bank of New York Mellon Trust Company, N.A., as trustee (the “Trustee”) under that certain Master Trust Agreement, dated as of July 1, 2001, between the City and the Trustee, as amended and supplemented by the Eleventh Supplemental Trust Agreement dated as of April 1, 2017, between the City and the Trustee (collectively, the “Trust Agreement”), to pay to the Persons listed on Schedule I attached hereto, the amounts shown for the purposes indicated from the 2017A Costs of Issuance Fund and the 2017B Costs of Issuance Fund held under the Trust Agreement. The City hereby certifies that obligations in the amounts stated in this Requisition have been incurred by the City and are presently due and payable, and that the percentage of each item set forth on Schedule I hereto is a proper charge against the 2017A Costs of Issuance Fund and the 2017B Costs of Issuance Fund, and has not been previously paid therefrom. Dated: Total Amount: $ CITY OF SAN JOSE, CALIFORNIA By: Authorized Airport Representative By: Authorized Finance Representative OHSUSA:766237564.6 Exh A-1 AMOUNT PAYABLE FROM 2017A COSTS OF ISSUANCE FUND PAYEE PURPOSE $ % $ % $ OHSUSA:766237564.6 Exh A-2 $ No. ~~R-C- INTEREST RATE MATURITY DATE DATED AS OF~~ % March 1, 20 ~~November~~ , ~~2012~~ 2017 [798136] Registered Owner: ~~Banc of America Public Capital Corp.~~ Principal Sum: Dollars THE CITY OF SAN XXXX, a chartered city and municipal corporation organized and existing under the Constitution and laws of the State of California (herein called the “City”), for value received, hereby promises to pay (but only out of the General Airport Revenues hereinafter referred to) to the registered Owner set forth above, or registered assigns, on the maturity date set forth above (subject to any right of prior redemption hereinafter provided for), the principal sum set forth above in lawful money of the United States of America, and to pay interest thereon in like lawful money from the interest payment date next preceding the date of authentication of this Bond (unless this Bond is authenticated as of a day during the period from the 16th day of the month next preceding any interest payment date to and including such interest payment date, in which event it shall bear interest from such interest payment date), until payment of such principal sum, at the interest rate per annum stated above, payable on ~~March~~ September 1, ~~2013~~2017, and on March 1 and September 1 in each ~~year~~year thereafter. The principal (or redemption price) hereof is payable to the registered Owner hereof upon the surrender hereof at the corporate trust office of The Bank of New York Mellon Trust Company, N.A., as trustee of the City (herein called the “Trustee”), in San Francisco, California or such other place as the Trustee shall determine. The interest hereon is payable to the person whose name appears on the bond registration books of the Trustee as the registered Owner hereof as of the close of business on the 15th day of the month immediately preceding an interest payment date, whether or not such day is a business day, such interest to be paid by check mailed by first class mail on such payment date to such registered Owner at the Owner’s address as it appears on such registration books (except that in the case of a registered Owner of one million dollars ($1,000,000) or more in principal amount, such payment may, at such registered Owner’s written request, be made by wire transfer of immediately available funds to the bank account number for such Owner on file with the Trustee prior to the 15th day of the month preceding such interest payment date). The Bonds ~~(defined below)~~ shall ~~not~~ be issued as Book-Entry Bonds~~. If the Bonds are subsequently held as Book-Entry Bonds and~~ , registered in the name of Cede & Co. or its registered assigns, and payment shall be made by wire transfer of immediately available funds. Interest on this Bond shall be calculated on the basis of a 360-day year comprising twelve 30-day months. OHSUSA:766237564.6 B-20-1 This Bond is one of a duly authorized issue of revenue ~~bond~~ bonds of the City designated as the “City of San Xxxx Airport Revenue Refunding Bonds, Series ~~2012~~ 2017A (~~Non-~~AMT)” (herein called the “Bonds”), ~~and of a single, fully registered Bond without coupons~~ in the aggregate principal amount of $~~49,140,000. The Bonds shall be dated as of their initial delivery date and shall mature on March 1, 2018. Interest on the Bonds shall be first payable on March 1, 2013~~[2017A PAR], and ~~thereafter on September 1~~ consists or may consist of Bonds of varying denominations, dates, maturities, interest rates and March 1 in each year. The Bonds shall bear interest at a rate of [ ]%. Interest shall be computed on the basis of a 360-day year of twelve (12) 30-day months. Principal on the Bonds shall be due annually on March 1 of each yearother provisions, ~~commencing on March 1, 2013. The Bonds shall be issued~~ all under and pursuant to the provisions of Sections 200 and 1220 of the City Charter and the City of San Xxxx Airport Revenue Bond Law, Chapter 4.38 of the San Xxxx Municipal Code (herein collectively called the “Law”), and pursuant to the Master Trust Agreement, dated as of July 1, 2001 (the “Master Trust Agreement”) between the City and the Trustee, as ~~amended and~~ supplemented by a ~~Ninth~~ Eleventh Supplemental Trust Agreement, dated as of ~~November~~ April 1, ~~2012~~2017, between the City and the Trustee (the “~~Ninth~~ Eleventh Supplemental Trust Agreement” and, together with the Master Trust Agreement, the “Master Trust Agreement”) authorizing the issuance of the Bonds. All capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in the Master Trust Agreement. Reference is hereby made to the Master Trust Agreement and to the Law for a description of the terms on which the Bonds are issued, the provisions with regard to the nature and extent of the General Airport Revenues, as that term is defined in the Master Trust Agreement, the rights thereunder of the ~~registered Owner~~ Owners of the Bonds, the rights, duties and immunities of the Trustee, and the rights and obligations of the City thereunder. All the terms of the Master Trust Agreement and the Law are hereby incorporated herein and constitute a contract between the City and the ~~Owner~~ Owners of ~~this Bond~~the Bonds. By acceptance of this ~~Bond~~Xxxx, the Owner of this Bond consents and agrees to all the provisions the Bonds, the Master Trust Agreement and the Law. Each Owner hereof shall have recourse to all of the provisions of the Law and the Master Trust Agreement and shall be bound by all of the terms and conditions thereof. The Bonds are issued to refinance a portion of the costs of designing and constructing certain improvements to the Enterprise (as defined in the Master Trust Agreement). The Bonds are special obligations of the City and are payable, as to the principal thereof, interest thereon and any premiums upon the redemption of any thereof, from General Airport Revenues (which are more particularly defined in the Master Trust Agreement). All of the Bonds are equally secured by a pledge of, and charge and lien upon, all of the General Airport Revenues, and the General Airport Revenues constitute a trust fund for the security and payment of the interest on and principal of the Bonds; but nevertheless out of General Airport Revenues certain amounts may be applied for other purposes as provided in the Master Trust Agreement. Additional series of Bonds payable from the General Airport Revenues have been issued and may be issued if the future on a parity with the Bonds of this series, but only subject to the conditions and limitations contained in the Master Trust Agreement. OHSUSA:766237564.6 B-20-2 The City will, at all times while any of the Bonds remain outstanding, manage its operations and establish, fix, prescribe and collect rentals, rates, fees and charges in connection with the services and facilities furnished by the Enterprise in each Fiscal Year so that the sum of (i) Net General Airport Revenues, plus (ii) any Other Available Funds, for such Fiscal Year, after making reasonable allowances for contingencies and errors in the estimates, will be at least sufficient to pay the amounts provided in the Master Trust Agreement. The rights and obligations of the City and the register Owner of the Bonds may be modified or amended at any time in the manner, to the extent and upon the terms provided in the Master Trust Agreement, but no such modification or amendment shall (1) extend the fixed maturity of this Bond or reduce the rate of interest hereon or extend the time of payment of interest, or reduce the amount of the principal hereof or reduce any premium payable upon the redemption hereof, without the consent of the Owner hereof, or (2) reduce the percentage of Bonds required for the affirmative vote or written consent to an amendment or modification of the Master Trust Agreement or (3) modify any of the rights or obligations of the Trustee without its written consent, all as more fully set forth in the Master Trust Agreement. The Bonds are subject to optional and mandatory redemption under the circumstances and upon the terms prescribed in the Master Trust Agreement and Ninth Supplemental Trust Agreement, which provisions are incorporated herein by reference. Notice of redemption of the Bonds shall be mailed to the registered Owner of any Bonds designated for redemption, at least thirty days prior to the redemption date. If this Bond is called for redemption and payment is duly provided therefor as specified in the Master Trust Agreement, interest shall cease to accrue hereon from and after the date fixed for redemption, except that the City shall have the option to rescind and cancel any notice of redemption at any time prior to the redemption date specified in such notice. If an Event of Default, as defined in the Master Trust Agreement, shall occur, the principal of all Bonds may be declared due and payable upon the conditions, in the manner and with the effect provided in the Master Trust Agreement, but such declaration and its consequences may be rescinded and annulled as further provided in the Master Trust Agreement. The Trustee shall assign each Bond authenticated and registered by it a distinctive letter, or number, or letter and number, and shall maintain a record thereof which shall be available to the City for inspection. Subject to the limitations and conditions and upon payment of the charges, if any, as provided in the Master Trust Agreement, the Bonds may be exchanged for a like aggregate principal amount of Bonds of the same series and maturity of other authorized denominations. This Bond is transferable by the registered Owner hereof, in person or by his attorney duly authorized in writing, at said office of the Trustee, but only in the manner, subject to the limitations and upon payment of the charges provided in the Section A-16.11 of the Master Trust Agreement, and upon surrender and cancellation of this Bond. Upon such transfer a new fully registered Bond or Bonds, of authorized denomination or denominations and of the same series and maturity date, for the same aggregate principal amount will be issued to the transferee in exchange herefor. The City and the Trustee may treat the registered Owner hereof as the absolute Owner hereof for all purposes, and the City and the Trustee shall not be affected by any notice to the contrary. It is hereby certified that all of the conditions, things and acts required to exist, to have happened or to have been performed precedent to and in the issuance of this Bond do exist, have happened or have been performed in due and regular time, form and manner as required by the Law and the laws of the State of California, and that the amount of this Bond, together with all other obligations of the City, does not exceed any limit prescribed by the Law or any laws of the State of California, and is not in excess of the amount of Bonds permitted to be issued under the Master Trust Agreement. This Bond shall not be entitled to any benefit under the Master Trust Agreement, or become valid or obligatory for any purpose, until the certificate of authentication and registration hereon endorsed shall have been signed by the Trustee.of

Appears in 1 contract

Samples: Supplemental Trust Agreement

Section Headings and References. { TC "SECTION A- 20.14. Section Headings and References" \l "2" \y}. The headings or titles of the several Sections hereof, and any table of contents appended to copies hereof, shall be solely for convenience of reference and shall not affect the meaning, construction or effect of this Appendix ~~A-16~~A-20. All references herein to “Sections” and other subdivisions are to the corresponding Sections or subdivisions of the Master Agreement and of this Appendix ~~A-16~~A-20; and the words “herein,” “hereof,” “hereunder” and other words of similar import refer to the Master Agreement, as supplemented and amended, as a whole and not to any particular Article, Section or subdivision hereof. $ OHSUSA:766237564.6 City of San Xxxx Airport Revenue Refunding Bonds, Series 2017A and Series 2017B (Issue Date: April , 2017) Request No~~. R-C- INTEREST RATE MATURITY DATE DATED AS OF % March 1, 20 November , 2012 Registered Owner~~.: ~~Banc of America Public Capital Corp. Principal Sum: Dollars THE CITY OF SAN XXXX, a chartered city and municipal corporation organized and existing under the Constitution and laws~~ COI- (to be sequentially numbered) The undersigned authorized representatives of the ~~State~~ City of San José, California (~~herein called~~ the “City”), ~~for value received,~~ hereby promises to pay (but only out of the General Airport Revenues hereinafter referred to) to the registered Owner set forth above, or registered assigns, on the maturity date set forth above (subject to any right of prior redemption hereinafter provided for), the principal sum set forth above in lawful money of the United States of America, and to pay interest thereon in like lawful money from the interest payment date next preceding the date of authentication of this Bond (unless this Bond is authenticated as of a day during the period from the 16th day of the month next preceding any interest payment date to and including such interest payment date, in which event it shall bear interest from such interest payment date), until payment of such principal sum, at the interest rate per annum stated above, payable on March 1, 2013, and on March 1 and September 1 in each year. The principal (or redemption price) hereof is payable to the registered Owner hereof upon the surrender hereof at the corporate trust office of request The Bank of New York Mellon Trust Company, N.A., as trustee ~~of the City~~ (~~herein called~~ the “Trustee”), in San Francisco, California or such other place as the Trustee shall determine. The interest hereon is payable to the person whose name appears on the bond registration books of the Trustee as the registered Owner hereof as of the close of business on the 15th day of the month immediately preceding an interest payment date, whether or not such day is a business day, such interest to be paid by check mailed by first class mail on such payment date to such registered Owner at the Owner’s address as it appears on such registration books (except ) under that in the case of a registered Owner of one million dollars ($1,000,000) or more in principal amount, such payment may, at such registered Owner’s written request, be made by wire transfer of immediately available funds to the bank account number for such Owner on file with the Trustee prior to the 15th day of the month preceding such interest payment date). The Bonds (defined below) shall not be issued as Book-Entry Bonds. If the Bonds are subsequently held as Book-Entry Bonds and registered in the name of Cede & Co. or its registered assigns, payment shall be made by wire transfer of immediately available funds. Interest on this Bond shall be calculated on the basis of a 360-day year comprising twelve 30-day months. This Bond is a duly authorized revenue bond of the City designated as the “City of San Xxxx Airport Revenue Refunding Bonds, Series 2012 (Non-AMT)” (herein called the “Bonds”), and of a single, fully registered Bond without coupons in the aggregate principal amount of $49,140,000. The Bonds shall be dated as of their initial delivery date and shall mature on March 1, 2018. Interest on the Bonds shall be first payable on March 1, 2013, and thereafter on September 1 and March 1 in each year. The Bonds shall bear interest at a rate of [ ]%. Interest shall be computed on the basis of a 360-day year of twelve (12) 30-day months. Principal on the Bonds shall be due annually on March 1 of each year, commencing on March 1, 2013. The Bonds shall be issued under and pursuant to the provisions of Sections 200 and 1220 of the City Charter and the City of San Xxxx Airport Revenue Bond Law, Chapter 4.38 of the San Xxxx Municipal Code (herein collectively called the “Law”), and pursuant to the certain Master Trust Agreement, dated as of July 1, ~~2001 (the “Master Trust Agreement”)~~ 2001, between the City and the Trustee, as amended and supplemented by ~~a Ninth~~ the Eleventh Supplemental Trust ~~Agreement,~~ Agreement dated as of ~~November~~ April 1, ~~2012~~2017, between the City and the Trustee (collectively, the “~~Ninth Supplemental~~ Trust Agreement~~” and~~”), ~~together with~~ to pay to the Persons listed on Schedule I attached hereto, the amounts shown for the purposes indicated from the 2017A Costs of Issuance Fund and the 2017B Costs of Issuance Fund held under the Trust Agreement. The City hereby certifies that obligations in the amounts stated in this Requisition have been incurred by the City and are presently due and payable, and that the percentage of each item set forth on Schedule I hereto is a proper charge against the 2017A Costs of Issuance Fund and the 2017B Costs of Issuance Fund, and has not been previously paid therefrom. Dated: Total Amount: $ CITY OF SAN JOSE, CALIFORNIA By: Authorized Airport Representative By: Authorized Finance Representative OHSUSA:766237564.6 Exh A-1 AMOUNT PAYABLE FROM 2017A COSTS OF ISSUANCE FUND PAYEE PURPOSE $ % $ % $ OHSUSA:766237564.6 Exh A-2 Issuance and Terms of the 2017B Bonds{ TC "APPENDIX A-21 Issuance and Terms of the 2017B Bonds" \l "1" \u} SECTION A-21.01. Definitions{ TC "SECTION A-21.01. Definitions" \l "2" \y}. Unless the context otherwise requires, the terms defined in this Section shall have the meanings herein specified, for all purposes of this Appendix A-21, the Master ~~Trust~~ Agreement, the ~~“Master~~ Eleventh Supplemental Trust ~~Agreement”~~Agreement and any subsequent Supplemental Agreements (unless otherwise provided therein) ~~authorizing the issuance~~ and of ~~the Bonds~~any certificate, opinion or other document herein mentioned. All capitalized terms not otherwise defined herein shall have the ~~meanings ascribed thereto~~ meaning given to such terms in the Master ~~Trust~~ Agreement. Reference is hereby made to the Master Trust Agreement and to the Law for a description of the terms on which the Bonds are issued, the provisions with regard to the nature and extent of the General Airport Revenues, as that term is defined in the Master Trust Agreement, the rights thereunder of the registered Owner of the Bonds, the rights, duties and immunities of the Trustee, and the rights and obligations of the City thereunder. All the terms of the Master Trust Agreement and the Law are hereby incorporated herein and constitute a contract between the City and the Owner of this Bond. By acceptance of this Bond, the Owner of this Bond consents and agrees to all the provisions the Bonds, the Master Trust Agreement and the Law. Each Owner hereof shall have recourse to all of the provisions of the Law and the Master Trust Agreement and shall be bound by all of the terms and conditions thereof. The Bonds are issued to refinance a portion of the costs of designing and constructing certain improvements to the Enterprise (as defined in the Master Trust Agreement). The Bonds are special obligations of the City and are payable, as to the principal thereof, interest thereon and any premiums upon the redemption of any thereof, from General Airport Revenues (which are more particularly defined in the Master Trust Agreement). All of the Bonds are equally secured by a pledge of, and charge and lien upon, all of the General Airport Revenues, and the General Airport Revenues constitute a trust fund for the security and payment of the interest on and principal of the Bonds; but nevertheless out of General Airport Revenues certain amounts may be applied for other purposes as provided in the Master Trust Agreement. Additional series of Bonds payable from the General Airport Revenues may be issued on a parity with the Bonds of this series, but only subject to the conditions and limitations contained in the Master Trust Agreement. The City will, at all times while any of the Bonds remain outstanding, manage its operations and establish, fix, prescribe and collect rentals, rates, fees and charges in connection with the services and facilities furnished by the Enterprise in each Fiscal Year so that the sum of (i) Net General Airport Revenues, plus (ii) any Other Available Funds, for such Fiscal Year, after making reasonable allowances for contingencies and errors in the estimates, will be at least sufficient to pay the amounts provided in the Master Trust Agreement. The rights and obligations of the City and the register Owner of the Bonds may be modified or amended at any time in the manner, to the extent and upon the terms provided in the Master Trust Agreement, but no such modification or amendment shall (1) extend the fixed maturity of this Bond or reduce the rate of interest hereon or extend the time of payment of interest, or reduce the amount of the principal hereof or reduce any premium payable upon the redemption hereof, without the consent of the Owner hereof, or (2) reduce the percentage of Bonds required for the affirmative vote or written consent to an amendment or modification of the Master Trust Agreement or (3) modify any of the rights or obligations of the Trustee without its written consent, all as more fully set forth in the Master Trust Agreement. The Bonds are subject to optional and mandatory redemption under the circumstances and upon the terms prescribed in the Master Trust Agreement and Ninth Supplemental Trust Agreement, which provisions are incorporated herein by reference. Notice of redemption of the Bonds shall be mailed to the registered Owner of any Bonds designated for redemption, at least thirty days prior to the redemption date. If this Bond is called for redemption and payment is duly provided therefor as specified in the Master Trust Agreement, interest shall cease to accrue hereon from and after the date fixed for redemption, except that the City shall have the option to rescind and cancel any notice of redemption at any time prior to the redemption date specified in such notice. If an Event of Default, as defined in the Master Trust Agreement, shall occur, the principal of all Bonds may be declared due and payable upon the conditions, in the manner and with the effect provided in the Master Trust Agreement, but such declaration and its consequences may be rescinded and annulled as further provided in the Master Trust Agreement. The Trustee shall assign each Bond authenticated and registered by it a distinctive letter, or number, or letter and number, and shall maintain a record thereof which shall be available to the City for inspection. Subject to the limitations and conditions and upon payment of the charges, if any, as provided in the Master Trust Agreement, the Bonds may be exchanged for a like aggregate principal amount of Bonds of the same series and maturity of other authorized denominations. This Bond is transferable by the registered Owner hereof, in person or by his attorney duly authorized in writing, at said office of the Trustee, but only in the manner, subject to the limitations and upon payment of the charges provided in the Section A-16.11 of the Master Trust Agreement, and upon surrender and cancellation of this Bond. Upon such transfer a new fully registered Bond or Bonds, of authorized denomination or denominations and of the same series and maturity date, for the same aggregate principal amount will be issued to the transferee in exchange herefor. The City and the Trustee may treat the registered Owner hereof as the absolute Owner hereof for all purposes, and the City and the Trustee shall not be affected by any notice to the contrary. It is hereby certified that all of the conditions, things and acts required to exist, to have happened or to have been performed precedent to and in the issuance of this Bond do exist, have happened or have been performed in due and regular time, form and manner as required by the Law and the laws of the State of California, and that the amount of this Bond, together with all other obligations of the City, does not exceed any limit prescribed by the Law or any laws of the State of California, and is not in excess of the amount of Bonds permitted to be issued under the Master Trust Agreement. This Bond shall not be entitled to any benefit under the Master Trust Agreement, or become valid or obligatory for any purpose, until the certificate of authentication and registration hereon endorsed shall have been signed by the Trustee.

Appears in 1 contract

Samples: Supplemental Trust Agreement

Section Headings and References. The headings or titles of the several Sections hereof, and any table of contents appended to copies hereof, shall be solely for convenience of reference and shall not affect the meaning, construction or effect of this Appendix ~~A-16~~A-18. All references herein to “Sections” and other subdivisions are to the corresponding Sections or subdivisions of the Master Agreement and of this Appendix ~~A-16~~A-19; and the words “herein,” “hereof,” “hereunder” and other words of similar import refer to the Master Agreement, as supplemented and amended, as a whole and not to any particular Article, Section or subdivision hereof. City of San Xxxx Airport Revenue Refunding Bonds, Series 2014A, Series 2014B and Series 2014C (Issue Date: October , 2014) Request No.: COI- (to be sequentially numbered) The undersigned authorized representatives of the City of San José, California (the “City”), hereby request The Bank of New York Mellon Trust Company, N.A., as trustee (the “Trustee”) under that certain Master Trust Agreement, dated as of July 1, 2001, between the City and the Trustee, as amended and supplemented by the Tenth Supplemental Trust Agreement dated as of October 1, 2014, between the City and the Trustee (collectively, the “Trust Agreement”), to pay to the Persons listed on Schedule I attached hereto, the amounts shown for the purposes indicated from the 2014A Costs of Issuance Fund, the 2014B Costs of Issuance and the 2014C Costs of Issuance Fund held under the Trust Agreement. The City hereby certifies that obligations in the amounts stated in this Requisition have been incurred by the City and are presently due and payable, and that the percentage of each item set forth on Schedule I hereto is a proper charge against the 2014A Costs of Issuance Fund, the 2014B Costs of Issuance Fund and the 2014C Costs of Issuance Fund, and has not been previously paid therefrom. Dated: Total Amount: $ CITY OF SAN JOSE, CALIFORNIA By: Authorized Airport Representative By: Authorized Finance Representative AMOUNT PAYABLE FROM 2014A COSTS OF ISSUANCE FUND AMOUNT PAYABLE FROM 201C COSTS OF ISSUANCE FUND AMOUNT % ALLOCABLE AMOUNT ALLOCABLE % ALLOCABLE AMOUNT ALLOCABLE % ALLOCABLE AMOUNT ALLOCABLE OF TO 2014A TO 2014A TO 2014B TO 2014B TO 2014C TO 0000X XXXXX XXXXXXX XXXXXXX $ BONDS % BONDS $ BONDS % BONDS $ BONDS BONDS $ No. ~~R-C- INTEREST RATE MATURITY DATE DATED AS OF~~ % March 1, 20 ~~November~~ , ~~2012~~ 2014 Registered Owner: ~~Banc of America Public Capital Corp.~~ Principal Sum: Dollars THE CITY OF SAN XXXX, a chartered city and municipal corporation organized and existing under the Constitution and laws of the State of California (herein called the “City”), for value received, hereby promises to pay (but only out of the General Airport Revenues hereinafter referred to) to the registered Owner set forth above, or registered assigns, on the maturity date set forth above (subject to any right of prior redemption hereinafter provided for), the principal sum set forth above in lawful money of the United States of America, and to pay interest thereon in like lawful money from the interest payment date next preceding the date of authentication of this Bond (unless this Bond is authenticated as of a day during the period from the 16th day of the month next preceding any interest payment date to and including such interest payment date, in which event it shall bear interest from such interest payment date), until payment of such principal sum, at the interest rate per annum stated above, payable on March 1, ~~2013~~2015, and on March 1 and September 1 in each year. The principal (or redemption price) hereof is payable to the registered Owner hereof upon the surrender hereof at the corporate trust office of The Bank of New York Mellon Trust Company, N.A., as trustee of the City (herein called the “Trustee”), in San Francisco, California or such other place as the Trustee shall determine. The interest hereon is payable to the person whose name appears on the bond registration books of the Trustee as the registered Owner hereof as of the close of business on the 15th day of the month immediately preceding an interest payment date, whether or not such day is a business day, such interest to be paid by check mailed by first class mail on such payment date to such registered Owner at the Owner’s address as it appears on such registration books (except that in the case of a registered Owner of one million dollars ($1,000,000) or more in principal amount, such payment may, at such registered Owner’s written request, be made by wire transfer of immediately available funds to the bank account number for such Owner on file with the Trustee prior to the 15th day of the month preceding such interest payment date). The Bonds ~~(defined below)~~ shall ~~not~~ be issued as Book-Entry Bonds~~. If the Bonds are subsequently held as Book-Entry Bonds and~~ , registered in the name of Cede & Co. or its registered assigns, and payment shall be made by wire transfer of immediately available funds. Interest on this Bond shall be calculated on the basis of a 360-day year comprising twelve 30-day months. This Bond is one of a duly authorized issue of revenue ~~bond~~ bonds of the City designated as the “City of San Xxxx Airport Revenue Refunding Bonds, Series ~~2012~~ 2014A (~~Non-~~AMT)” (herein called the “Bonds”), ~~and of a single, fully registered Bond without coupons~~ in the aggregate principal amount of ~~$49,140,000. The Bonds shall be dated as of their initial delivery date and shall mature on March 1, 2018. Interest on the Bonds shall be first payable on March 1, 2013~~$ , and ~~thereafter on September 1~~ consists or may consist of Bonds of varying denominations, dates, maturities, interest rates and March 1 in each year. The Bonds shall bear interest at a rate of [ ]%. Interest shall be computed on the basis of a 360-day year of twelve (12) 30-day months. Principal on the Bonds shall be due annually on March 1 of each yearother provisions, ~~commencing on March 1, 2013. The Bonds shall be issued~~ all under and pursuant to the provisions of Sections 200 and 1220 of the City Charter and the City of San Xxxx Airport Revenue Bond Law, Chapter 4.38 of the San Xxxx Municipal Code (herein collectively called the “Law”), and pursuant to the Master Trust Agreement, dated as of July 1, 2001 (the “Master Trust Agreement”) between the City and the Trustee, as amended and supplemented by a ~~Ninth~~ Tenth Supplemental Trust Agreement, dated as of ~~November~~ October 1, ~~2012~~2014, between the City and the Trustee (the “~~Ninth~~ Tenth Supplemental Trust Agreement” and, together with the Master Trust Agreement, the “Master Trust Agreement”) authorizing the issuance of the Bonds. All capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in the Master Trust Agreement. Reference is hereby made to the Master Trust Agreement and to the Law for a description of the terms on which the Bonds are issued, the provisions with regard to the nature and extent of the General Airport Revenues, as that term is defined in the Master Trust Agreement, the rights thereunder of the ~~registered Owner~~ Owners of the Bonds, the rights, duties and immunities of the Trustee, and the rights and obligations of the City thereunder. All the terms of the Master Trust Agreement and the Law are hereby incorporated herein and constitute a contract between the City and the ~~Owner~~ Owners of ~~this Bond~~the Bonds. By acceptance of this Bond, the Owner of this Bond consents and agrees to all the provisions the Bonds, the Master Trust Agreement and the Law. Each Owner hereof shall have recourse to all of the provisions of the Law and the Master Trust Agreement and shall be bound by all of the terms and conditions thereof. The Bonds are issued to refinance a portion of the costs of designing and constructing certain improvements to the Enterprise (as defined in the Master Trust Agreement). The Bonds are special obligations of the City and are payable, as to the principal thereof, interest thereon and any premiums upon the redemption of any thereof, from General Airport Revenues (which are more particularly defined in the Master Trust Agreement). All of the Bonds are equally secured by a pledge of, and charge and lien upon, all of the General Airport Revenues, and the General Airport Revenues constitute a trust fund for the security and payment of the interest on and principal of the Bonds; but nevertheless out of General Airport Revenues certain amounts may be applied for other purposes as provided in the Master Trust Agreement. Additional series of Bonds payable from the General Airport Revenues have been issued and may be issued if the future on a parity with the Bonds of this series, but only subject to the conditions and limitations contained in the Master Trust Agreement. The City will, at all times while any of the Bonds remain outstanding, manage its operations and establish, fix, prescribe and collect rentals, rates, fees and charges in connection with the services and facilities furnished by the Enterprise in each Fiscal Year so that the sum of of (i) Net General Airport Revenues, plus (ii) any Other Available Funds, for such Fiscal Year, after making reasonable allowances for contingencies and errors in the estimates, will be at least sufficient to pay the amounts provided in the Master Trust Agreement. The rights and obligations of the City and the ~~register Owner~~ Owners of the Bonds may be modified or amended at any time in the manner, to the extent and upon the terms provided in the Master Trust Agreement, but no such modification or amendment shall (1) extend the fixed maturity of this Bond or reduce the rate of interest hereon or extend the time of payment of interest, or reduce the amount of the principal hereof or reduce any premium payable upon the redemption hereof, without the consent of the Owner hereof, or (2) reduce the percentage of Bonds required for the affirmative vote or written consent to an amendment or modification of the Master Trust Agreement or (3) modify any of the rights or obligations of the Trustee without its written consent, all as more fully set forth in the Master Trust Agreement. The Bonds are subject to optional and mandatory redemption under the circumstances and upon the terms prescribed in the Master Trust Agreement and ~~Ninth~~ Tenth Supplemental Trust Agreement, which provisions are incorporated herein by reference. ~~Notice~~ As provided in the Master Trust Agreement, notice of redemption ~~of the Bonds~~ shall be ~~mailed to the registered Owner of any Bonds designated for redemption~~mailed, ~~at least thirty~~ not less than 20 nor more than 60 days prior to the redemption date, to the registered owner of this Bond; provided, however, that such notice may be mailed as late as 15 days prior to the redemption date if such shorter notice period is permitted under the then-current guidelines of the Securities Depository or if the Bonds are no longer Book-Entry Bonds. If this Bond is called for redemption and payment is duly provided therefor as specified in the Master Trust Agreement, interest shall cease to accrue hereon from and after the date fixed for redemption, except that the City shall have the option to rescind and cancel any notice of redemption at any time prior to the redemption date specified in such notice. If an Event of Default, as defined in the Master Trust Agreement, shall occur, the principal of all Bonds may be declared due and payable upon the conditions, in the manner and with the effect provided in the Master Trust Agreement, but such declaration and its consequences may be rescinded and annulled as further provided in the Master Trust Agreement. The ~~Trustee~~ Bonds are issuable as fully registered Bonds without coupons in the denomination of $5,000 or any integral multiple thereof provided that no Bond shall ~~assign each Bond authenticated and registered by it a distinctive letter, or number, or letter and number, and shall maintain a record thereof which shall be available to the City for inspection~~have principal maturing on more than one principal payment date. Subject to the limitations and conditions and upon payment of the charges, if any, as provided in the Master Trust Agreement, ~~the~~ Bonds may be exchanged for a like aggregate principal amount of Bonds of the same series and maturity of other authorized denominations. This Bond is transferable by the ~~registered~~ Owner hereof, in person or by his attorney duly authorized in writing, at said office of the Trustee, but only in the manner, subject to the limitations and upon payment of the charges provided in ~~the Section A-16.11 of~~ the Master Trust Agreement, and upon surrender and cancellation of this Bond. Upon such transfer a new fully registered Bond or Bonds, of authorized denomination or denominations and of the same series and maturity date, for the same aggregate principal amount will be issued to the transferee in exchange herefor. The City and the Trustee may treat the ~~registered~~ Owner hereof as the absolute Owner hereof for all purposes, and the City and the Trustee shall not be affected by any notice to the contrary. It is hereby certified that all of the conditions, things and acts required to exist, to have happened or to have been performed precedent to and in the issuance of this Bond do exist, have happened or have been performed in due and regular time, form and manner as required by the Law and the laws of the State of California, and that the amount of this Bond, together with all other obligations of the City, does not exceed any limit prescribed by the Law or any laws of the State of California, and is not in excess of the amount of Bonds permitted to be issued under the Master Trust Agreement. This Bond shall not be entitled to any benefit under the Master Trust Agreement, or become valid or obligatory for any purpose, until the certificate of authentication and registration hereon endorsed shall have been signed by the Trustee.

Appears in 1 contract

Samples: Supplemental Trust Agreement

Section Headings and References. The headings or titles of the several Sections hereof, and any table of contents appended to copies hereof, shall be solely for convenience of reference and shall not affect the meaning, construction or effect of this Appendix ~~A-16~~A-18. All references herein to “Sections” and other subdivisions are to the corresponding Sections or subdivisions of the Master Agreement and of this Appendix ~~A-16~~A-18; and the words “herein,” “hereof,” “hereunder” and other words of similar import refer to the Master Agreement, as supplemented and amended, as a whole and not to any particular Article, Section or subdivision hereof. $ City of San Xxxx Airport Revenue Refunding Bonds, Series 2014A, Series 2014B and Series 2014C (Issue Date: October , 2014) Request No~~. R-C- INTEREST RATE MATURITY DATE DATED AS OF % March 1, 20 November , 2012 Registered Owner~~.: ~~Banc of America Public Capital Corp. Principal Sum: Dollars THE CITY OF SAN XXXX, a chartered city and municipal corporation organized and existing under the Constitution and laws~~ COI- (to be sequentially numbered) The undersigned authorized representatives of the ~~State~~ City of San José, California (~~herein called~~ the “City”), ~~for value received,~~ hereby promises to pay (but only out of the General Airport Revenues hereinafter referred to) to the registered Owner set forth above, or registered assigns, on the maturity date set forth above (subject to any right of prior redemption hereinafter provided for), the principal sum set forth above in lawful money of the United States of America, and to pay interest thereon in like lawful money from the interest payment date next preceding the date of authentication of this Bond (unless this Bond is authenticated as of a day during the period from the 16th day of the month next preceding any interest payment date to and including such interest payment date, in which event it shall bear interest from such interest payment date), until payment of such principal sum, at the interest rate per annum stated above, payable on March 1, 2013, and on March 1 and September 1 in each year. The principal (or redemption price) hereof is payable to the registered Owner hereof upon the surrender hereof at the corporate trust office of request The Bank of New York Mellon Trust Company, N.A., as trustee ~~of the City~~ (~~herein called~~ the “Trustee”), in San Francisco, California or such other place as the Trustee shall determine. The interest hereon is payable to the person whose name appears on the bond registration books of the Trustee as the registered Owner hereof as of the close of business on the 15th day of the month immediately preceding an interest payment date, whether or not such day is a business day, such interest to be paid by check mailed by first class mail on such payment date to such registered Owner at the Owner’s address as it appears on such registration books (except ) under that in the case of a registered Owner of one million dollars ($1,000,000) or more in principal amount, such payment may, at such registered Owner’s written request, be made by wire transfer of immediately available funds to the bank account number for such Owner on file with the Trustee prior to the 15th day of the month preceding such interest payment date). The Bonds (defined below) shall not be issued as Book-Entry Bonds. If the Bonds are subsequently held as Book-Entry Bonds and registered in the name of Cede & Co. or its registered assigns, payment shall be made by wire transfer of immediately available funds. Interest on this Bond shall be calculated on the basis of a 360-day year comprising twelve 30-day months. This Bond is a duly authorized revenue bond of the City designated as the “City of San Xxxx Airport Revenue Refunding Bonds, Series 2012 (Non-AMT)” (herein called the “Bonds”), and of a single, fully registered Bond without coupons in the aggregate principal amount of $49,140,000. The Bonds shall be dated as of their initial delivery date and shall mature on March 1, 2018. Interest on the Bonds shall be first payable on March 1, 2013, and thereafter on September 1 and March 1 in each year. The Bonds shall bear interest at a rate of [ ]%. Interest shall be computed on the basis of a 360-day year of twelve (12) 30-day months. Principal on the Bonds shall be due annually on March 1 of each year, commencing on March 1, 2013. The Bonds shall be issued under and pursuant to the provisions of Sections 200 and 1220 of the City Charter and the City of San Xxxx Airport Revenue Bond Law, Chapter 4.38 of the San Xxxx Municipal Code (herein collectively called the “Law”), and pursuant to the certain Master Trust Agreement, dated as of July 1, ~~2001 (the “Master Trust Agreement”)~~ 2001, between the City and the Trustee, as amended and supplemented by ~~a Ninth~~ the Tenth Supplemental Trust ~~Agreement,~~ Agreement dated as of ~~November~~ October 1, ~~2012~~2014, between the City and the Trustee (~~the “Ninth Supplemental Trust Agreement” and, together with the Master Trust Agreement~~collectively, the “~~Master~~ Trust Agreement”~~) authorizing the issuance of the Bonds. All capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in the Master Trust Agreement. Reference is hereby made~~ ), to pay to the ~~Master Trust Agreement and to the Law for a description of the terms~~ Persons listed on ~~which the Bonds are issued~~Schedule I attached hereto, the ~~provisions with regard to~~ amounts shown for the ~~nature and extent~~ purposes indicated from the 2014A Costs of ~~the General Airport Revenues, as that term is defined in the Master Trust Agreement~~Issuance Fund, the ~~rights thereunder~~ 2014B Costs of ~~the registered Owner of the Bonds, the rights, duties and immunities of the Trustee,~~ Issuance Fund and the ~~rights and obligations~~ 2014C Costs of Issuance Fund held under the City thereunder. All the terms of the Master Trust Agreement and the Law are hereby incorporated herein and constitute a contract between the City and the Owner of this Bond. By acceptance of this Bond, the Owner of this Bond consents and agrees to all the provisions the Bonds, the Master Trust Agreement and the Law. Each Owner hereof shall have recourse to all of the provisions of the Law and the Master Trust Agreement and shall be bound by all of the terms and conditions thereof. The Bonds are issued to refinance a portion of the costs of designing and constructing certain improvements to the Enterprise (as defined in the Master Trust Agreement). The Bonds are special obligations of the City and are payable, as to the principal thereof, interest thereon and any premiums upon the redemption of any thereof, from General Airport Revenues (which are more particularly defined in the Master Trust Agreement). All of the Bonds are equally secured by a pledge of, and charge and lien upon, all of the General Airport Revenues, and the General Airport Revenues constitute a trust fund for the security and payment of the interest on and principal of the Bonds; but nevertheless out of General Airport Revenues certain amounts may be applied for other purposes as provided in the Master Trust Agreement. Additional series of Bonds payable from the General Airport Revenues may be issued on a parity with the Bonds of this series, but only subject to the conditions and limitations contained in the Master Trust Agreement. The City will, at all times while any of the Bonds remain outstanding, manage its operations and establish, fix, prescribe and collect rentals, rates, fees and charges in connection with the services and facilities furnished by the Enterprise in each Fiscal Year so hereby certifies that ~~the sum of (i) Net General Airport Revenues, plus (ii) any Other Available Funds, for such Fiscal Year, after making reasonable allowances for contingencies and errors~~ obligations in the ~~estimates, will be at least sufficient to pay the~~ amounts ~~provided~~ stated in ~~the Master Trust Agreement. The rights and obligations of~~ this Requisition have been incurred by the City and the register Owner of the Bonds may be modified or amended at any time in the manner, to the extent and upon the terms provided in the Master Trust Agreement, but no such modification or amendment shall (1) extend the fixed maturity of this Bond or reduce the rate of interest hereon or extend the time of payment of interest, or reduce the amount of the principal hereof or reduce any premium payable upon the redemption hereof, without the consent of the Owner hereof, or (2) reduce the percentage of Bonds required for the affirmative vote or written consent to an amendment or modification of the Master Trust Agreement or (3) modify any of the rights or obligations of the Trustee without its written consent, all as more fully set forth in the Master Trust Agreement. The Bonds are subject to optional and mandatory redemption under the circumstances and upon the terms prescribed in the Master Trust Agreement and Ninth Supplemental Trust Agreement, which provisions are incorporated herein by reference. Notice of redemption of the Bonds shall be mailed to the registered Owner of any Bonds designated for redemption, at least thirty days prior to the redemption date. If this Bond is called for redemption and payment is duly provided therefor as specified in the Master Trust Agreement, interest shall cease to accrue hereon from and after the date fixed for redemption, except that the City shall have the option to rescind and cancel any notice of redemption at any time prior to the redemption date specified in such notice. If an Event of Default, as defined in the Master Trust Agreement, shall occur, the principal of all Bonds may be declared presently due and payable upon the conditions, in the manner and with the effect provided in the Master Trust Agreement, but such declaration and its consequences may be rescinded and annulled as further provided in the Master Trust Agreement. The Trustee shall assign each Bond authenticated and registered by it a distinctive letter, or number, or letter and number, and shall maintain a record thereof which shall be available to the City for inspection. Subject to the limitations and conditions and upon payment of the charges, if any, as provided in the Master Trust Agreement, the Bonds may be exchanged for a like aggregate principal amount of Bonds of the same series and maturity of other authorized denominations. This Bond is transferable by the registered Owner hereof, in person or by his attorney duly authorized in writing, at said office of the Trustee, but only in the manner, subject to the limitations and upon payment of the charges provided in the Section A-16.11 of the Master Trust Agreement, and upon surrender and cancellation of this Bond. Upon such transfer a new fully registered Bond or Bonds, of authorized denomination or denominations and of the same series and maturity date, for the same aggregate principal amount will be issued to the transferee in exchange herefor. The City and the Trustee may treat the registered Owner hereof as the absolute Owner hereof for all purposes, and the City and the Trustee shall not be affected by any notice to the contrary. It is hereby certified that all of the conditions, things and acts required to exist, to have happened or to have been performed precedent to and in the issuance of this Bond do exist, have happened or have been performed in due and regular time, form and manner as required by the Law and the laws of the State of Californiapayable, and that the ~~amount~~ percentage of ~~this Bond~~each item set forth on Schedule I hereto is a proper charge against the 2014A Costs of Issuance Fund, ~~together with all other obligations~~ the 2014B Costs of Issuance Fund and the ~~City, does not exceed any limit prescribed by the Law or any laws~~ 2014C Costs of ~~the State of California~~Issuance Fund, and is has not ~~in excess of the amount of Bonds permitted to be issued under the Master Trust Agreement~~been previously paid therefrom. ~~This Bond shall not be entitled to any benefit under the Master Trust Agreement~~Dated: Total Amount: $ CITY OF SAN JOSE, ~~or become valid or obligatory for any purpose, until the certificate of authentication and registration hereon endorsed shall have been signed by the Trustee.~~CALIFORNIA By: Authorized Airport Representative By: Authorized Finance Representative AMOUNT PAYABLE FROM 2014A COSTS OF ISSUANCE FUND AMOUNT PAYABLE FROM 201C COSTS OF ISSUANCE FUND AMOUNT % ALLOCABLE AMOUNT ALLOCABLE % ALLOCABLE AMOUNT ALLOCABLE % ALLOCABLE AMOUNT ALLOCABLE OF TO 2014A TO 2014A TO 2014B TO 2014B TO 2014C TO 0000X XXXXX XXXXXXX XXXXXXX $ BONDS % BONDS $ BONDS % BONDS $ BONDS BONDS

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Samples: Supplemental Trust Agreement

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