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Agenda 07/12/2005
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Agenda 07/12/2005
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9/29/2005 3:52:17 PM
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9/29/2005 3:00:13 PM
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City Council
Meeting Date
7/12/2005
City Council - Category
Agendas
City Council - Type
Work Session
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<br />the City of Martinsville, Virginia and Chapter 26, Title 15.2 of the Code of Virginia of 1950, as <br />amended, the same being the Public Finance Act, and the Ordinances duly adopted under said <br />Chapter by the City Council on June 13,2005 and July 12, 2005 (together, the "Ordinance"), <br />the Financing Agreement between the City and Patrick Henry National Bank dated as of July 15, <br />2005 (the "Financing Agreement") and the Note and Bond Purchase Agreement between the <br />City and Patrick Henry National Bank dated as of July 15, 2005. <br /> <br />This Bond shall bear interest from the date on which this Bond is authenticated. Interest <br />on this Bond shall be computed on the basis of 30-day months and a 360-day year. <br /> <br />This Bond is transferable only upon the registration books kept at the office of the <br />Registrar by the registered holder hereof, or by his duly authorized attorney, upon surrender of <br />this Bond (together with a written instrument of transfer, satisfactory in form to the Registrar, <br />duly executed by the registered holder or his duly authorized attorney, which may be the form <br />endorsed hereon) and subject to the limitations and upon payment of the charges, if any, as <br />provided in the Ordinance, and thereupon as provided in the Ordinance a new Bond, in the <br />aggregate principal amount and of the same series, interest rate and maturity as the Bond <br />surrendered, shall be issued in exchange therefor. The City and the Registrar shall deem and <br />treat the person in whose name this Bond is registered as the absolute owner hereof for the <br />purpose of receiving payment of, or on account of, the principal hereof and interest due hereon <br />and for all other purposes whatsoever. <br /> <br />The Bond is subject to prepayment or redemption prior to maturity at the option of the <br />City Council at any time, in whole or in part, at a redemption price equal to 100% of the <br />principal amount of Bond to be redeemed, plus interest accrued to the redemption date. The <br />records of the Holder hereof shall be prima facie evidence of the amount of principal and interest <br />owed hereunder. <br /> <br />THIS BOND IS A GENERAL OBLIGATION OF THE CITY FOR THE <br />PAYMENT OF WHICH THE CITY'S FULL FAITH AND CREDIT ARE <br />IRREVOCABL Y PLEDGED. THE CITY COUNCIL IS AUTHORIZED AND <br />REQUIRED TO LEVY AND COLLECT ANNUALLY AT THE SAME TIME AND IN <br />THE SAME MANNER AS OTHER TAXES OF THE CITY ARE ASSESSED, LEVIED <br />AND COLLECTED, A TAX UPON ALL TAXABLE PROPERTY WITHIN THE CITY, <br />OVER AND ABOVE ALL OTHER TAXES AUTHORIZED OR LIMITED BY LAW <br />AND WITHOUT LIMITATION AS TO RATE OR AMOUNT, SUFFICIENT TO PAY <br />WHEN DUE THE PRINCIPAL OF AND PREMIUM, IF ANY, AND INTEREST ON <br />THE BOND, TO THE EXTENT OTHER FUNDS OF THE CITY ARE NOT LA WFULL Y <br />AVAILABLE AND APPROPRIATED FOR SUCH PURPOSE. <br /> <br />Reference is hereby made to the Ordinance and to all of the provisions thereof to which <br />any holder of this Bond by his acceptance hereof hereby assents, for definitions of terms; the <br />description of and nature and extent of the security for the Bond; the conditions upon which the <br /> <br />16 <br />
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