HomeMy WebLinkAboutExhibit 12CERTIFICA 1E FOR "C DRAWING"
SunTrust Bank
25 Park Place, 16th Floor
Atlanta, Georgia 30303
Attention: Standby Letters of Credit Department
Re: Irrevocable Letter of Credit No.
[Date]
EXHIBIT C
The undersigned, a duly authorized officer of TD Bank, National Association (the
"Trustee"), hereby certifies to SunTrust Bank (the `Bank") that:
(a) The undersigned is the Trustee under the Bond Ordinance for the holders
of the 2008 Tax -Exempt Bonds.
(b) The undersigned, in its capacity as Trustee, is making a drawing under the
above -referenced Letter of Credit in the amount of $ with respect to
payment of [the portion of the purchase price of $ in principal amount of
the 2008 Tax -Exempt Bonds corresponding to the accrued interest thereon, which 2008
Tax -Exempt Bonds are to be purchased pursuant to Sections 6.01, 6.02, 6.03, 6.04 or 6.05
of the Series Ordinance] [interest on the 2008 Tax -Exempt Bonds, which amount has
accrued and become due and payable pursuant to the Bond Ordinance, upon a stated
interest payment date or as a result of acceleration or redemption of the 2008 Tax -Exempt
Bonds].
(c) The amount demanded hereby does not exceed the amount available on
the date hereof to be drawn under the above -referenced Letter of Credit in respect of
interest on the 2008 Tax -Exempt Bonds.
(d) The amount demanded hereby does not include any amount in respect of
the interest on any Bank Bonds.
(e) Upon receipt by the undersigned of the amount demanded hereby, (i) the
undersigned will apply the same directly to the payment when due of the [interest owing
on account of the 2008 Tax -Exempt Bonds pursuant to the Bond Ordinance] [portion of
the Purchase Price of 2008 Tax -Exempt Bonds pursuant to Sections 6.01, 6.02, 6.03, 6.04
or 6.05 of the Series Ordinance corresponding to accrued interest thereon], (ii) no portion
of said amount shall be applied by the undersigned for any other purpose and (iii) no
portion of said amount shall be commingled with other funds held by the undersigned.
(M1706888_6}
Any capitalized terms used herein and not otherwise defined shall have the
respective meanings assigned to such terms in the Bond Ordinance
as of the
{M1706888_6}
IN WITNESS WHEREOF, the Trustee has executed and delivered this Certificate
day of
TD Bank, National Association,
as Trustee
By:
Title:
2