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2009 Resolutions
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2009 Resolutions
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2009 Resolutions
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<br />Exhibit A <br />FORM OF NOTE <br /> <br />UNITED STATES OF AMERICA <br />COMMONWEALTH OF VIRGINIA <br /> <br />No. N- <br /> <br />CITY OF PORTSMOUTH <br />GENERAL OBLIGATION <br />BOND ANTICIPATION NOTE, SERIES _ <br /> <br />CITY OF PORTSMOUTH, VIRGINIA ("City"), for value received, acknowledges itself <br />indebted and promises to pay to , as registered owner of this Note or legal <br />representative, the principal amount of Dollars ($ ) and to pay <br />interest on the principal amount of this Note at the annual rate of _%. Principal of and <br />interest on this Note shall be paid at maturity on , 200_. Both principal of and <br />interest on this Note are payable in lawful money of the United States of America. The interest <br />on this Note is payable by check or by wire transfer mailed or sent to the registered owner hereof <br />without presentation and surrender except for the final payment of principal and interest which <br />shall be payable upon presentation and surrender hereof at the office of the City Treasurer. <br />Interest shall be calculated on the basis of [twelve 30-day months.] <br /> <br />This Note has been duly authorized by the City Council and is issued in anticipation of <br />the issuance and sale of the City's general obligation bonds for the purpose of providing funds to <br />pay the costs, in whole or in part, of certain payments to be made by the City pursuant to a <br />Revised Sale and Development Agreement, dated , 2009 providing for the development <br />and sale to the City of courthouse facilities. The full faith and credit of the City are irrevocably <br />pledged for the payment of the principal of and premium, if any, and interest on this Note in <br />accordance with its terms. The City Council has the power and is authorized and required by law <br />to levy and collect annually, a tax upon all taxable property within the City, over and above all <br />other taxes authorized or limited by law, and without limitation as to rate or amount, sufficient to <br />pay when due the principal of and interest on this Note to the extent other funds of the City are <br />not lawfully available and appropriated for such purpose. <br /> <br />This Note is issued under the authority of and in full compliance with the Constitution <br />and statutes of the Commonwealth of Virginia, and, more particularly, issued pursuant to the <br />Public Finance Act of 1991, Chapter 26 of Title 15.2 of the Code of Virginia of 1950, as <br />amended and a resolution adopted by the City Council on September 8, 2009 ("Resolution"). <br /> <br />[Prepayment provisions.] <br /> <br />This Note may be transferred only by an assignment duly executed by the registered <br />owner hereof or such owner's attorney or legal representative in a form satisfactory to the Chief <br />Financial Officer, as Note Registrar. Such transfer shall be made in the registration books kept <br />by the Note Registrar upon presentation and surrender hereof and the City shall execute, and the <br />Note Registrar shall authenticate and deliver in exchange, a new Note having an equal aggregate <br />principal amount, of the same form and maturity, bearing interest at the same rate, and registered <br />
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