5.2a ERMUSR 04-13-2021 - Laserfiche WebLink

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Section 3.Provision of Annual Financial Information and Audited Financial Statements. (a)Not later than 12 months after the end of the Fiscal Year of the Commission, commencing with the Fiscal Year ending December 31, 2020, the Commission shall provide to the Repository, on behalf of itself and the City, the following financial information and operating data (the “Disclosure Information”): (i)The Audited Financial Statements of the Commission for such Fiscal Year, certified as to accuracy and completeness in all material respects by the Finance Manager of the Commission (the “Finance Manager”); (ii)The Audited Financial Statements ofthe City for such Fiscal Year, certified as to accuracy and completeness in all material respects by the Finance Director of the City (the “Finance Director”); (iii) To the extent not included in the financial statements referred to in clauses (i) and (ii), information of the type set forth in Section 4 below, which information may be unaudited, but is to be certified as to accuracy and completeness in all material respects, with respect to information relating to the Commission, by the Finance Manager of the Commission to the knowledge of the Finance Manager and, with respect to information relating to the City, by the Finance Director of the City to the knowledge of the Finance Director, which certifications may be based on the reliability of information obtained from governmental or other third party sources. The Annual Report and Disclosure Information may be submitted as a single document or as separate documents comprising a package, and may cross-reference other information as provided in Section 4of this Certificate; provided that the Audited Financial Statements of the Commission and the Audited Financial Statements of the City may be submitted separately from the balance of the Annual Report and will be submitted as soon as available. Any or all of the Disclosure Information may be incorporated, if it is updated as required by the Disclosure Covenants, by reference from other documents, including official statements of debt issues of the City, the Commission, or related public entities, which have been submitted to the Repository or the SEC. If the document incorporated by reference is a final official statement, it must also be available from the MSRB. The Commission shall clearly identify each such other document so incorporated by reference. (b)If any part of the Disclosure Information can no longer be generated because the operations of the City or the Commission have materially changed or have been discontinued, such Disclosure Information need no longer be provided if the Commission includes in the Disclosure Information a statement to such effect; provided, however, if such operations have been replaced by other City or Commission operations in respect of which data is not included in the Disclosure Information and the Commission determines that certain specified data regarding such replacement operations would be material, then, from and after such determination, the Disclosure Information shall include such additional specified data regarding the replacement operations. If the Disclosure Information is changed or the Disclosure Covenants are amended as permitted by this Certificate, then the Commission is to include in the next Disclosure Information to be delivered under the Disclosure Covenants, to the extent necessary, an explanation of the reasons for the amendment and the effect of any change in the type of financial information or operating data provided. (c)If the Commission is unable or fails to provide to the Repository an Annual Report and Disclosure Information by the daterequired in subsection (a), the Commission shall send a notice of that fact to the Repository and MSRB. (d)The Commission shall determine each year prior to the date for providing the Annual Report and Disclosure Information the name and address of each Repository. II-3 306