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2.5 ERMUSR 05-11-2021
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2.5 ERMUSR 05-11-2021
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5/7/2021 2:43:03 PM
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City Government
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ERMUSR
date
5/11/2021
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<br />18 <br />EL185-68-707442.v4 <br />Outstanding Bonds upon request not later than the date required under the Undertaking <br />(as defined in Section 18 hereof). <br />(h) They will faithfully and punctually perform all duties with respect to the <br />Electric System required by the Constitution and laws of the State and this Resolution. <br />Section 13. Project Account. <br />13.01. There is hereby established within the Electric Fund a Project Account, into <br />which the Commission shall deposit the proceeds of the Series 2021B Bonds, plus available City <br />funds, net of amounts deposited in the Debt Service Account and the Reserve Account, as <br />provided in Section 9 hereof. Moneys on deposit in the Project Account may be disbursed by the <br />Commission to pay costs of issuance of the Series 2021B Bonds and costs of the Project. <br />Pending such disbursement, moneys on deposit in the Project Account may be invested in <br />Government Obligations maturing or subject to redemption at the option of the holder thereof not <br />later than the date on which such moneys are expected to be needed. <br />Section 14. Amendments. The provisions of this Resolution shall constitute a contract <br />between the City, the Commission and the Holders of the Outstanding Bon ds and after the <br />issuance of any of the Series 2021B Bonds, no change, variation or alteration of any kind in the <br />provisions of this Resolution shall be made in any manner, except as herein provided, until such <br />time as all of the Series 2021B Bonds and interest thereon have been paid in full. However, the <br />Holders of a majority in principal amount of the Outstanding Bonds shall have the right to <br />consent to, and approve the adoption of resolutions or other proceedings modifying or amending <br />any of the terms or provisions contained in this Resolution, except that without the consent of <br />100% of the Holders of Outstanding Bonds this Resolution shall not be modified or amended in <br />any manner that may adversely affect the rights of any Holders of the Outstanding Bonds or <br />reduce the percentage of the number of Holders whose consent is required to effect a further <br />modification. <br />Section 15. Electronic Signatures. The electronic signature of the President and <br />Secretary, on behalf of the Commission, and the Mayor and City Clerk, on behalf of the City, to this <br />resolution and to any certificate authorized to be executed hereunder shall be as valid as an original <br />signature of such party and shall be effective to bind the Commission and the City, as applicable, <br />thereto. For purposes hereof, (i) “electronic signature” means (a) a manually signed original <br />signature that is then transmitted by electronic means or (b) a signature obtained through DocuSign <br />or Adobe or a similarly digitally auditable signature gathering process; and (ii) “transmitted by <br />electronic means” means sent in the form of a facsimile or sent via the internet as a portable <br />document format (“pdf”) or other replicating image attached to an electronic mail or internet <br />message. <br />Section 16. Defeasance. When any Series 2021B Bond has been discharged as <br />provided in this section, all pledges, covenants and other rights granted by this Resolution to the <br />Holder of such Series 2021B Bond shall cease, and such Series 2021B Bond shall no longer be <br />deemed to be Outstanding under this Resolution. The obligations with respect to any Series <br />2021B Bond which is due on any date may be discharged by depositing with the Registrar on or <br />before that date a sum sufficient for the payment thereof in full; or, if any Series 2021B Bond <br />79
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