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Official Statement Airport Commission City and County of San ...

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deficiency, <strong>and</strong> the <strong>Commission</strong> is required to cause the applicable Reserve Account to be replenished by transfers<br />

from available Net Revenues over a period not to exceed twelve months from the date the <strong>Commission</strong> receives notice<br />

from the Trustee <strong>of</strong> such deficiency.<br />

Subject to the terms <strong>and</strong> conditions <strong>of</strong> the 1991 Master Resolution, each Reserve Account is to be<br />

replenished from available Net Revenues in the following order <strong>of</strong> priority, each requirement to be satisfied in full<br />

before the next requirement in priority: (1) on a pro rata basis, payments to Credit Providers <strong>of</strong> principal then due with<br />

respect to any Credit Facility deposited in such Reserve Account to the extent that such payments will cause the<br />

amounts available to be drawn under such Credit Facility or Credit Facilities to be reinstated in an amount at least equal<br />

to such payments; <strong>and</strong> (2) other amounts required to be deposited in such Reserve Account to increase the amount<br />

therein to the Aggregate Maximum Annual Debt Service on the then outst<strong>and</strong>ing Bonds to which such accounts are<br />

pledged.<br />

Under the 1991 Master Resolution, the Trustee is required to determine the amount in each Reserve<br />

Account from time to time but not less frequently than annually. Permitted Investments in each Reserve Account are to<br />

be valued at cost plus accreted value. In the event that the Trustee determines on any valuation date that the amount in<br />

each Reserve Account exceeds Aggregate Maximum Annual Debt Service on all then outst<strong>and</strong>ing Bonds to which such<br />

accounts are pledged, upon the request <strong>of</strong> the <strong>Commission</strong>, the Trustee will transfer the amount <strong>of</strong> such excess to the<br />

Treasurer for deposit in the applicable Revenues Account.<br />

In the event Bonds <strong>of</strong> a Series are to be redeemed in whole or in part pursuant to the 1991 Master<br />

Resolution, or the <strong>Commission</strong> notifies the Trustee in writing <strong>of</strong> its intention to refund Bonds <strong>of</strong> a Series in whole or in<br />

part, the Trustee is required to value the amount in the Reserve Account applicable to such Bonds, <strong>and</strong> if the Trustee<br />

determines that the amount in the applicable Reserve Account exceeds Aggregate Maximum Annual Debt Service on<br />

the Bonds to which such accounts are pledged to remain outst<strong>and</strong>ing after such redemption or refunding, upon the<br />

request <strong>of</strong> the <strong>Commission</strong>, the Trustee will transfer the amount <strong>of</strong> such excess in accordance with such request.<br />

At its option, the <strong>Commission</strong> may at any time substitute a Credit Facility meeting the requirements<br />

<strong>of</strong> the 1991 Master Resolution for amounts on deposit in each Reserve Account. The 1991 Master Resolution requires<br />

that the substitution <strong>of</strong> a Credit Facility for amounts on deposit in each Reserve Account not cause the then-current<br />

ratings on the Bonds to which such accounts are pledged to be downgraded or withdrawn. In the event that after the<br />

substitution <strong>of</strong> a Credit Facility for all or any part <strong>of</strong> the amounts on deposit in a Reserve Account, the amount in such<br />

Reserve Account is greater than the amount required to be on deposit therein, upon the request <strong>of</strong> an authorized<br />

<strong>Commission</strong> representative, the Trustee will transfer such excess to the <strong>Commission</strong> to be used solely for <strong>Airport</strong><br />

purposes. The 1991 Master Resolution further requires that any such Credit Facility provided in the form <strong>of</strong> a surety<br />

bond be issued by an institution then rated in the highest rating category, without regard to subcategories, by Moody's<br />

<strong>and</strong> St<strong>and</strong>ard & Poor's, <strong>and</strong> that any such Credit Facility provided in the form <strong>of</strong> a letter <strong>of</strong> credit be issued by an<br />

institution then rated in at least the second highest rating category, without regard to subcategories, by Moody's <strong>and</strong><br />

St<strong>and</strong>ard & Poor's.<br />

Any draw on any Credit Facility on deposit in a Reserve Account shall be made only after all the<br />

funds in such Reserve Account have been expended. In such event, draws on each Credit Facility shall be made on a<br />

pro rata basis to fund the insufficiency. The 1991 Master Resolution provides that a Reserve Account shall be<br />

replenished in the following priority: (i) principal <strong>of</strong> each Credit Facility shall be paid from first available Net<br />

Revenues on a pro rata basis to the extent that such payments will cause the amounts available to be drawn under each<br />

Credit Facility to be reinstated in an amount at least equal to such payments: <strong>and</strong> (ii) after all such amounts are paid in<br />

full, amounts necessary to fund a Reserve Account to the required level, after taking into account the amounts available<br />

under each Credit Facility shall be deposited from next available Net Revenues.<br />

Permitted Investments<br />

Amounts in the Debt Service Accounts are to be invested in Permitted Investments described in<br />

clause (a) or (b) <strong>of</strong> the definition there<strong>of</strong> maturing on or before the Bond payment date on which the proceeds <strong>of</strong> such<br />

Permitted Investments are intended to be applied for the purposes <strong>of</strong> the Debt Service Account to which such Permitted<br />

C-16

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