04.12.2012 Views

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

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

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

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

2010A Bonds May be Offered at Different Prices on Any Date Including an Interest Rate Determination Date<br />

Pursuant to the applicable Remarketing Agreement, each Remarketing Agent is required to determine the<br />

rate <strong>of</strong> interest that, in its judgment, is the lowest rate that would permit the sale <strong>of</strong> the related Series <strong>of</strong> 2010A<br />

Bonds bearing interest at that interest rate at par plus accrued interest, if any, on <strong>and</strong> as <strong>of</strong> the applicable Rate<br />

Determination Date. The interest rate will reflect, among other factors, the level <strong>of</strong> market dem<strong>and</strong> for such Series<br />

<strong>of</strong> 2010A Bonds (including whether the applicable Remarketing Agent is willing to purchase such Series <strong>of</strong> 2010A<br />

Bonds for its own account) <strong>and</strong>/or other similar securities. There may or may not be 2010A Bonds <strong>of</strong> such Series<br />

tendered <strong>and</strong> remarketed on a Rate Determination Date, the Remarketing Agent may or may not be able to remarket<br />

any 2010A Bonds <strong>of</strong> such Series tendered for purchase on such date at par <strong>and</strong> the applicable Remarketing Agent<br />

may sell 2010A Bonds <strong>of</strong> such Series at varying prices to different investors on such date or any other date. A<br />

Remarketing Agent is not obligated to advise purchasers in a remarketing if it does not have third party buyers for<br />

all <strong>of</strong> the 2010A Bonds <strong>of</strong> a Series at the remarketing price. In the event a Remarketing Agent owns any 2010A<br />

Bonds <strong>of</strong> a Series for its own account, such Remarketing Agent may, in its sole discretion in a secondary market<br />

transaction outside the tender process, <strong>of</strong>fer the such 2010A Bonds on any date, including the Rate Determination<br />

Date, at a discount to par to some investors.<br />

Ability to Sell the 2010A Bonds other than through the Tender Process May Be Limited<br />

A Remarketing Agent may buy <strong>and</strong> sell the 2010A Bonds <strong>of</strong> a Series other than through the tender process.<br />

However, it is not obligated to do so <strong>and</strong> may cease doing so at any time without notice <strong>and</strong> may require holders that<br />

wish to tender 2010A Bonds <strong>of</strong> such Series to do so through the Paying Agent with appropriate notice. Thus,<br />

investors who purchase 2010A Bonds, whether in a remarketing or otherwise, should not assume that they will be<br />

able to sell such 2010A Bonds other than by tendering such Series <strong>of</strong> 2010A Bonds in accordance with the tender<br />

process.<br />

Authority for Issuance<br />

SECURITY FOR THE 2010A BONDS<br />

The 2010A Bonds are being issued under the authority <strong>of</strong>, <strong>and</strong> in compliance with, the Charter <strong>of</strong> the <strong>City</strong><br />

<strong>and</strong> <strong>County</strong> <strong>of</strong> <strong>San</strong> Francisco (the “Charter”), the 1991 Master Resolution, <strong>and</strong> the statutes <strong>of</strong> the State <strong>of</strong> California<br />

(the “State”) as made applicable pursuant to the Charter.<br />

Source <strong>of</strong> Payment; Pledge <strong>of</strong> Net Revenues<br />

The 2010A Bonds, together with all Bonds issued <strong>and</strong> to be issued pursuant to the 1991 Master Resolution,<br />

are referred to as the “Bonds.” The 1991 Master Resolution constitutes a contract between the <strong>Commission</strong> <strong>and</strong> the<br />

registered owners <strong>of</strong> the Bonds under which the <strong>Commission</strong> has irrevocably pledged Net Revenues <strong>of</strong> the <strong>Airport</strong><br />

to the payment <strong>of</strong> the principal <strong>of</strong> <strong>and</strong> interest on the Bonds. Net Revenues are defined as the Revenues derived by<br />

the <strong>Commission</strong> from the operation <strong>of</strong> the <strong>Airport</strong>, less all Operation <strong>and</strong> Maintenance Expenses. The payment <strong>of</strong><br />

the principal <strong>of</strong> <strong>and</strong> interest on the 2010A Bonds are secured by a pledge <strong>of</strong>, lien on <strong>and</strong> security interest in Net<br />

Revenues on a parity with the pledge, lien <strong>and</strong> security interest securing all previously issued Bonds <strong>and</strong> any<br />

additional Bonds issued under the 1991 Master Resolution.<br />

“Revenues” are defined in the 1991 Master Resolution to include all revenues earned by the <strong>Commission</strong><br />

with respect to the <strong>Airport</strong>, as determined in accordance with generally accepted accounting principles. Revenues<br />

do not include: (a) investment income from moneys in (i) the Construction Fund, or (ii) the Debt Service Fund<br />

which constitute capitalized interest, or (iii) the Reserve Fund if <strong>and</strong> to the extent there is any deficiency therein; (b)<br />

interest income on, <strong>and</strong> any pr<strong>of</strong>it realized from, the investment <strong>of</strong> the proceeds <strong>of</strong> any Special Facility Bonds;<br />

(c) Special Facility Revenues <strong>and</strong> any income realized from the investment there<strong>of</strong>; (d) any passenger facility or<br />

similar charge levied by or on behalf <strong>of</strong> the <strong>Commission</strong> unless designated as Revenues by the <strong>Commission</strong>;<br />

(e) grants-in-aid, donations <strong>and</strong> bequests; (f) insurance proceeds; (g) the proceeds <strong>of</strong> any condemnation award; <strong>and</strong><br />

(h) the proceeds <strong>of</strong> any sale <strong>of</strong> l<strong>and</strong>, buildings or equipment.<br />

13

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!