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.

Amounts on deposit in the Pooled Reserve Account may be used solely for the purposes <strong>of</strong> (i) paying<br />

interest, principal or m<strong>and</strong>atory sinking fund payments on the Participating Series <strong>of</strong> Bonds whenever any moneys<br />

then credited to the debt service funds with respect to such Participating Series <strong>of</strong> Bonds are insufficient for such<br />

purposes, <strong>and</strong> (ii) reimbursing the providers <strong>of</strong> any surety bonds or other credit facilities credited to the Participating<br />

Series Reserve Account for any payments thereunder. In the event that the balance in the Participating Series<br />

Reserve Account is diminished below the Pooled Reserve Requirement, the Trustee is required to immediately<br />

notify the <strong>Commission</strong> <strong>of</strong> such deficiency <strong>and</strong> the <strong>Commission</strong> is required under the 1991 Master Resolution to<br />

replenish the Reserve Account by transfers <strong>of</strong> available Net Revenues over a period not to exceed 12 months from<br />

the date on which the <strong>Commission</strong> is notified <strong>of</strong> such deficiency. See APPENDIX C–“SUMMARIES OF CERTAIN<br />

PROVISIONS OF THE 1991 MASTER RESOLUTION–Debt Service <strong>and</strong> Reserve Funds–Application <strong>and</strong> Valuation <strong>of</strong> the<br />

Reserve Account.” Future Series <strong>of</strong> Bonds may be secured by the Pooled Reserve Account, the 2009 Reserve<br />

Account (described below), a separate reserve account, or might not be secured by any debt service reserve account,<br />

as the <strong>Commission</strong> shall determine.<br />

Although the 2010A Bonds are not secured by either the 2009 Reserve Account or the separate reserve<br />

accounts established for other Series <strong>of</strong> Bonds, a deficiency in any <strong>of</strong> such other reserve accounts may require the<br />

<strong>Commission</strong> to apply Net Revenues to cure such deficiency <strong>and</strong> thereby reduce Net Revenues available to pay the<br />

2010A Bonds. Any amounts on deposit in the Pooled Account in excess <strong>of</strong> the Pooled Reserve Requirement may be<br />

withdrawn by the <strong>Commission</strong>.<br />

Forward Purchase <strong>and</strong> Sale Agreements<br />

The <strong>Commission</strong> has provided for the investment <strong>of</strong> a portion <strong>of</strong> the cash balance in the Pooled Reserve<br />

Account, as well as a portion <strong>of</strong> the amounts accumulated from time to time in the debt service funds for the Bonds,<br />

pursuant to long-term Forward Purchase <strong>and</strong> Sale Agreements which provide a fixed rate <strong>of</strong> return on specified<br />

permitted investments. These agreements have been entered into in order to increase the investment return <strong>of</strong> the<br />

Pooled Reserve Account. The <strong>Commission</strong> may invest additional amounts in the Reserve Fund <strong>and</strong> debt service<br />

funds pursuant to such types <strong>of</strong> agreements. The permitted investments delivered from time to time by the providers<br />

<strong>of</strong> such Agreements are the property <strong>of</strong> the <strong>Commission</strong> <strong>and</strong> the <strong>Commission</strong> has received bankruptcy opinions <strong>of</strong><br />

counsel to the respective providers to such effect. Thus, the principal amounts invested pursuant to such<br />

Agreements are not at risk in the event <strong>of</strong> the bankruptcy or insolvency <strong>of</strong> the respective providers.<br />

Contingent Payment Obligations<br />

The <strong>Commission</strong> has entered into, <strong>and</strong> may in the future enter into, contracts <strong>and</strong> agreements in the course<br />

<strong>of</strong> its business that include an obligation on the part <strong>of</strong> the <strong>Commission</strong> to make payments contingent upon the<br />

occurrence or non-occurrence <strong>of</strong> certain future events, including events that are beyond the direct control <strong>of</strong> the<br />

<strong>Commission</strong>. These agreements include interest rate swap <strong>and</strong> other similar agreements, investment agreements,<br />

including for the future delivery <strong>of</strong> specified securities, letter <strong>of</strong> credit <strong>and</strong> line <strong>of</strong> credit agreements for future<br />

advances <strong>of</strong> funds to the <strong>Commission</strong>, <strong>and</strong> other agreements. See “–Reserve Fund; Reserve Account Surety Bonds–<br />

Forward Purchase <strong>and</strong> Sale Agreements” <strong>and</strong> “–Other Debt Issuance–Subordinate Bonds.” For summaries <strong>of</strong> the<br />

Interest Rate Swap Policy <strong>and</strong> the swap agreements entered into by the <strong>Commission</strong> in connection with the Issue<br />

36A through 36D Bonds, the Issue 37B Bonds, the Issue 37C Bonds <strong>and</strong> the 2010A Bonds, see “AIRPORT’S<br />

FINANCIAL AND RELATED INFORMATION–Interest Rate Swaps.”<br />

Such contracts <strong>and</strong> agreements may provide for contingent payments that may be conditioned upon the<br />

future credit ratings <strong>of</strong> the <strong>Airport</strong> <strong>and</strong>/or <strong>of</strong> the other parties to the contract or agreement, maintenance by the<br />

<strong>Commission</strong> <strong>of</strong> specified financial ratios, the inability <strong>of</strong> the <strong>Commission</strong> to obtain long-term refinancing for<br />

shorter-term obligations or liquidity arrangements, <strong>and</strong> other factors. Such payments may be payable on a parity<br />

with debt service on the Bonds, including any “Swap Payments” to a Swap Counterparty as such term is defined in<br />

the 1991 Master Resolution.<br />

The amount <strong>of</strong> any such contingent payments may be substantial. To the extent that the <strong>Commission</strong> does<br />

not have sufficient funds on h<strong>and</strong> to make any such payment, it is likely that the <strong>Commission</strong> would seek to borrow<br />

such amounts through the issuance <strong>of</strong> additional Bonds or Subordinate Bonds (including commercial paper).<br />

21

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

Saved successfully!

Ooh no, something went wrong!