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

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Investments are allocated. Amounts in each Reserve Account are to be invested in Permitted Investments described in<br />

clause (a) or (b) <strong>of</strong> the definition there<strong>of</strong> maturing no later than seven years after the date <strong>of</strong> purchase <strong>of</strong> the Permitted<br />

Investment. For a further description <strong>of</strong> the Permitted Investments with respect to the 2010A Bonds, see also<br />

“Summary <strong>of</strong> the Supplemental Resolutions – Application <strong>of</strong> the Series 2010A Debt Service Accounts” in this<br />

Appendix C.<br />

Issuance <strong>of</strong> Additional Series <strong>of</strong> Bonds<br />

General Requirements<br />

Whenever the <strong>Commission</strong> determines to issue any additional Bonds, the <strong>Commission</strong> is required to<br />

adopt a Supplemental Resolution authorizing the issuance <strong>of</strong> such Series <strong>of</strong> Bonds <strong>and</strong> to deliver to the Trustee (i) a<br />

certificate to the effect that the <strong>Commission</strong> is not then in default under the terms <strong>and</strong> provisions <strong>of</strong> the 1991 Master<br />

Resolution or any Supplemental Resolution; (ii) an opinion <strong>of</strong> bond counsel to the effect that such Series <strong>of</strong> Bonds has<br />

been duly authorized in conformity with law <strong>and</strong> all prior proceedings <strong>of</strong> the <strong>Commission</strong>; <strong>and</strong> (iii) certain other items<br />

specified by the 1991 Master Resolution or the Supplemental Resolution or which may be reasonably requested by the<br />

<strong>Commission</strong> or the Trustee.<br />

Additional Bonds Test<br />

The <strong>Commission</strong> is not permitted to issue any Series <strong>of</strong> Bonds (other than refunding Bonds) unless<br />

the Trustee has been provided with either:<br />

(a) a certificate <strong>of</strong> an <strong>Airport</strong> Consultant dated within 30 days prior to the date <strong>of</strong> delivery <strong>of</strong><br />

the Bonds stating that:<br />

(i) for the period, if any, from <strong>and</strong> including the first full Fiscal Year following the issuance <strong>of</strong><br />

such additional Bonds through <strong>and</strong> including the last Fiscal Year during any part <strong>of</strong> which<br />

interest on such Bonds is expected to be paid from the proceeds there<strong>of</strong>, projected Net<br />

Revenues, together with any Transfer, in each such Fiscal Year will be at least equal to 1.25<br />

times Annual Debt Service; <strong>and</strong><br />

(ii) for the period from <strong>and</strong> including the first full Fiscal Year following the issuance <strong>of</strong> such<br />

Bonds during which no interest on such Bonds is expected to be paid from the proceeds<br />

there<strong>of</strong> through <strong>and</strong> including the later <strong>of</strong>: (A) the fifth full Fiscal Year following the<br />

issuance <strong>of</strong> such Bonds, or (B) the third full Fiscal Year during which no interest on such<br />

Bonds is expected to be paid from the proceeds there<strong>of</strong>, (1) projected Net Revenues in each<br />

such Fiscal Year will be at least sufficient to make all required payments <strong>and</strong> deposits in<br />

such Fiscal Year into the Revenue Bond Account <strong>and</strong> the General Obligation Bond<br />

Account pursuant to the 1991 Master Resolution, <strong>and</strong> to make the Annual Service Payment<br />

to the <strong>City</strong> <strong>and</strong> (2) projected Net Revenues, together with any Transfer, in each such Fiscal<br />

Year will be at least equal to 125% <strong>of</strong> aggregate Annual Debt Service with respect to the<br />

Bonds for such Fiscal Year; or<br />

(b) a certificate <strong>of</strong> an Independent Auditor stating that Net Revenues, together with any<br />

Transfer, in the most recently completed Fiscal Year were at least equal to 125% <strong>of</strong> the sum <strong>of</strong> (i) Annual Debt Service<br />

on the Bonds in such Fiscal Year, plus (ii) Maximum Annual Debt Service on the Bonds proposed to be issued.<br />

For purposes <strong>of</strong> (a) <strong>and</strong> (b) above, the amount <strong>of</strong> any Transfer taken into account shall not exceed<br />

25% <strong>of</strong> Maximum Annual Debt Service on the Bonds. In determining projected Net Revenues for purposes <strong>of</strong><br />

(a) above, the <strong>Airport</strong> Consultant may take into account reasonably anticipated changes in Revenues <strong>and</strong> Operation <strong>and</strong><br />

Maintenance Expenses over such period. In determining Annual Debt Service for purposes <strong>of</strong> (a) or (b) above, Bonds<br />

that will be paid or discharged immediately after the issuance <strong>of</strong> the Series <strong>of</strong> Bonds proposed to be issued will be<br />

disregarded, <strong>and</strong> Variable Rate Bonds will be deemed to bear interest during any period after the date <strong>of</strong> calculation at a<br />

C-17

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