HomeMy WebLinkAbout0084 at the time outstanding, and the interest on the Bonds to .
maturity or to the first date on which such Bonds may be
redeemed prior to maturity as authorized by Section 11 of
the Resolutibn, including the applicable redemption premium,
if any, and to pay all fees and charges of the Trustee due
and to become due through the date on which the last of the
Bonds is retired, and provided there are no outstanding Concurrent
Parity Bonds, the Company shall be entitled to obtain a satisfaction
and release of the Mortgage and a satisfaction and release
of any security interest as provided in Section 3.01 hereof, '
and neither the Issuer, the Trustee nor the holders of any !
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- of the Bonds shall thereafter have any rights hereunder, ~
saving and excepting those that shall have theretotore vested. #
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Section 6.07. COMPANY TO FURNISH CERTAIN FINANCIAL i
DOCU2iENTS. The Company covenants and agrees that, unless
all of the Bonds have been retired, or are callable prior
to maturity and have been duly called for redemption and
payment of principal, interest and applicable premium duly ~
made or provided for, it will furnish to the Trustee the
following Di Giorgio documents: (A) within ninety (90) days .
after the end of each fiscal year an income statement, a
surplus statement and a balance sheet for such fiscal year
certified by any independent certified public accountants ;
acceptable to the Trustee, (B) copies of all statements and ~
reports sent to stockholders or filed with the Securities- ~
and Exchange Commission, and (C) such other financial data
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that the Trustee may reasonably request. Further, the Company ;
will furnish to the Trustee in the manner provided the documents ;
of the Company corresponding to the documents of Di Giorgio ~
set forth in (A) through (C) above, but said documents are
not required to be certified by any independent certified
public accountant. All Di Giorgio financial statements specified
in clause (A) shall be furnished in consolidated form for
Di Giorgio and its subsidiaries,~with comparative consolidated
figures for the preceeding fiscal year. With each d~livery
of financial statements required by clause (A), the Company
will deliver to the Trustee a certificate signed by the president
or a vice president of the Company stat-ing that there exists
no event of default or default hereunder, or if such event
of default or default exists, stating the nature thereof,
the period of existence thereof and what action the Company
is taking or proposes to take with respect thereto. A copy
of such certificate shall be simultaneously furnished to
the Issuer. The Trustee is liereby authorized by the Company
to deliver to any regulatory body having jurisdiction over
the Trustee with respect to this transaction copies of any
financial data furnished pursuant to the requirements of
' this Section. .
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Section 6.08. COVENANT PROHIBITING EXCESSIVE ARBITRAGE.
The Issuer, the Company and the Trustee each covenant to
the purchasers of the Bonds provided for in the Resolution
that the Issuer, the Company and the Trustee each individually '
will make no use of the proceeds of the Bonds at any time
during the term of the Bonds which, if such use had been
reasonably expected on the date the Bonds were issued, would
have caused such Bonds to be "l~rbitrage Bonds" within the
' meaning of Section 103(d) of the Internal Revenue Code of ,
1954, as amended, as interpreted by Sections 1.103-13 and
1.103-14 of the Regulations proposed for such purpose by
the United States Treasury Department or, after permanent
regulations interpreting such Code section are promulgated,
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