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and delivery of the Notes to the Bank. The Notes shall be delivered to the Bank on the condition <br /> that the Bank shall cancel and return the 2002A Note and the 2002B Note. It is currently <br /> anticipated that the City will draw upon the 2003 Note in the aggregate dollar amount of <br /> $3,000,000 on its Delivery Date, and if the Finance Director so notifies the Bank, the 2002B <br /> Note shall be delivered to the City by the Bank in exchange for the fully executed and <br /> authenticated 2003 Note. The Bank shall return the remaining undrawn upon 2002A Note to the <br /> City on the Delivery Date of the 2003 Note, marked cancelled. <br /> Section 14. Financial Reporting Covenants. So long as any of the Notes are <br /> outstanding or the Bank has any obligation to permit Drawings under the line of credit evidenced <br /> by the Notes, the City shall provide to the Bank: <br /> (a) When available, the City's annual financial statement, audited by the State <br /> Auditor; <br /> (b) Within eight months of the completion of each fiscal year, a copy of City's <br /> Comprehensive Annual Financial Report; and <br /> (c) Within 90 days of the commencement of each new budget year of the <br /> City, a budget for the new period. <br /> Section 15. Origination Fee; Unused Commitment Fee. The City shall pay to the <br /> Bank (a) upon purchase of the Notes, an origination fee of$1,000, and Bank counsel fees, not to <br /> exceed $500; and (b) quarterly in arrears, a fee for the unused portion of the Bank's commitment, <br /> which fee shall equal 0.15% per annum of the daily difference between $2,000,000 and the <br /> Outstanding Principal Balance of the 2004 Note. <br /> Section 16. Ongoing Disclosure. The Notes are not subject to the Rule, and the City <br /> makes no undertaking regarding ongoing disclosure with respect to the Notes. <br /> -14- P:\CMW\CMW634 03/12/08 <br />