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RE-BID ITB # 23-10-01 JOINT PROCUREMENT CENTRAL ISLAND
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(23-10-01) Re-Bid Joint Procurement with NMB Central Island Drainage Improvements
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RE-BID ITB # 23-10-01 JOINT PROCUREMENT CENTRAL ISLAND
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have a payment profile that is reasonably consistent with the expected draw and repayment <br />schedule of such Additional Bonds. <br />(ii)Each Qualified Hedge required under this Section 14(k) shall <br />provide for a fixed interest rate resulting in fixed payment amounts payable by the <br />Borrower to the Qualified Hedge Provider. The Borrower’s obligations to pay Hedging <br />Obligations and Hedging Termination Obligations shall be from the sources and in the <br />priority specified in the Master Resolution. The Borrower shall ensure that, as of the date <br />following the termination date of any Qualified Hedge required under this Section 14(k) <br />that for any reason terminates before the earliest to occur of (A) the maturity date of the <br />Variable Interest Rate Obligations subject to such Qualified Hedge, (B) the date on which <br />the aggregate principal amount of all Outstanding Variable Interest Rate Obligations no <br />longer exceeds twenty percent (20%) of the aggregate principal amount of all Outstanding <br />Bonds and (C) the Final Maturity Date, then (1) a new Qualified Hedge is in full force and <br />effect commencing no later than the termination date of the Qualified Hedge that is <br />terminating or (2) the Variable Interest Rate Obligations have been converted to a fixed <br />rate, in each case in accordance with this Agreement and the Bond Authorization <br />Documents. <br />(iii)The Borrower shall neither terminate (other than Permitted Hedging <br />Terminations), transfer, nor consent to any transfer (other than to a Qualified Hedge <br />Provider) of any existing Qualified Hedge without the WIFIA Lender’s prior written <br />consent as long as the Borrower is required to maintain a Qualified Hedge pursuant to this <br />Agreement. <br />(iv)With respect to any Qualified Hedge required under this Section <br />14(k), if at any time a Hedging Bank no longer satisfies the requirements for a Qualified <br />Hedge Provider, the Borrower shall, within ten (10) days (or such lesser number of days <br />required by the applicable Hedging Agreement, including any credit support annex thereto) <br />of the date on which such Hedging Bank failed to qualify as a Qualified Hedge Provider, <br />either (A) cash collateralize the mark-to-market value of the Hedging Termination <br />Obligations (in accordance with the credit support annex or similar requirements of the <br />applicable Hedging Agreement) or provide a guarantee for such amount from an entity <br />with an Acceptable Credit Rating, or (B) cause such disqualified Hedging Bank to be <br />replaced by a Qualified Hedge Provider, whether by means of a transfer of the disqualified <br />Hedging Bank’s Hedging Agreement to a Qualified Hedge Provider or by means of a <br />termination of such disqualified Hedging Bank’s Hedging Agreement and replacement <br />thereof by a Hedging Agreement with a Qualified Hedge Provider on terms and conditions <br />that satisfy the requirements of this Section 14(k); provided, that if the disqualified <br />Hedging Bank’s highest credit rating from any Nationally Recognized Rating Agency is <br />less than ‘A-’, ‘A3’ or the equivalent, clause (A) shall not apply and the Borrower shall be <br />required to cause such disqualified Hedging Bank to be replaced by a Qualified Hedge <br />Provider pursuant to clause (B). <br />(l)SAM Registration. The Borrower shall (i) obtain and maintain through the <br />Final Disbursement Date an active registration status with the federal System for Award <br />Management (www.SAM.gov) (or any successor system or registry) prior to the Effective Date <br />40 <br /> <br />
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