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

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statement, it must be available from the Repository to the extent required by the Rule. The <strong>Commission</strong> shall clearly<br />

identify each such other document so included by reference.<br />

Reporting <strong>of</strong> Significant Events<br />

Pursuant to the provisions <strong>of</strong> the Disclosure Certificate, the <strong>Commission</strong> shall give, or cause to be given,<br />

notice <strong>of</strong> the occurrence <strong>of</strong> any <strong>of</strong> the following Listed Events with respect to the 2010A Bonds, if material:<br />

1. principal <strong>and</strong> interest payment delinquencies.<br />

2. non-payment related defaults.<br />

3. modifications to rights <strong>of</strong> Bondholders.<br />

4. optional, contingent, or unscheduled 2010A Bond Calls.<br />

5. defeasances.<br />

6. rating changes.<br />

7. adverse tax opinions or events adversely affecting the tax-exempt status <strong>of</strong> the 2010A Bonds.<br />

8. unscheduled draws on the debt service reserves reflecting financial difficulties.<br />

9. unscheduled draws on credit enhancements reflecting financial difficulties.<br />

10. substitution <strong>of</strong> credit or liquidity providers or their failure to perform.<br />

11. release, substitution or sale <strong>of</strong> property securing repayment <strong>of</strong> the 2010A Bonds.<br />

Whenever the <strong>Commission</strong> obtains knowledge <strong>of</strong> the occurrence <strong>of</strong> a Listed Event, the <strong>Commission</strong> shall<br />

as soon as possible determine if such event would be material under applicable federal securities laws.<br />

If the <strong>Commission</strong> determines that knowledge <strong>of</strong> the occurrence <strong>of</strong> a Listed Event would be material under<br />

applicable federal securities laws, the <strong>Commission</strong> shall promptly file a notice <strong>of</strong> such occurrence with the<br />

Repository. Notwithst<strong>and</strong>ing the foregoing, notice <strong>of</strong> Listed Events described in subsections (4) <strong>and</strong> (5) above need<br />

not be given any earlier than the notice (if any) <strong>of</strong> the underlying event is given to Holders <strong>of</strong> affected 2010A Bonds<br />

pursuant to the 1991 Master Resolution.<br />

Termination <strong>of</strong> Reporting Obligation<br />

The <strong>Commission</strong>’s obligations under the Disclosure Certificate shall terminate upon (a) the legal<br />

defeasance, prior redemption or payment in full <strong>of</strong> all <strong>of</strong> the 2010A Bonds or (b) if, in the opinion <strong>of</strong> nationally<br />

recognized bond counsel, the <strong>Commission</strong> ceases to be an “obligated person” (within the meaning <strong>of</strong> the Rule) with<br />

respect to the Bonds or the Bonds otherwise cease to be subject to the requirements <strong>of</strong> the Rule. If such termination<br />

occurs prior to the final maturity <strong>of</strong> the Bonds, the <strong>Commission</strong> shall give notice <strong>of</strong> such termination in the same<br />

manner as for a Listed Event.<br />

Dissemination Agent<br />

The <strong>Commission</strong> may, from time to time, appoint or engage a Dissemination Agent to assist it in carrying<br />

out its obligations under the Disclosure Certificate, <strong>and</strong> may discharge any such Agent, with or without appointing a<br />

successor Dissemination Agent. The initial Dissemination Agent shall be the <strong>Commission</strong>.<br />

E-3

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