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July (pdf) - New York Power Authority

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Rate Covenant..................................<br />

The <strong>Authority</strong> has covenanted in the General Resolution that it<br />

shall at all times maintain rates, fees or charges sufficient, together<br />

with other moneys available therefor, to pay all Operating Expenses<br />

of the <strong>Authority</strong> and to pay the debt service on all Obligations,<br />

including the 2011 Bonds. See ‘‘PART 1—SECURITY FOR THE<br />

2011 BONDS.’’<br />

The <strong>Authority</strong> is a party to various power sales agreements which<br />

impose limitations on the <strong>Authority</strong>’s discretion to establish rate<br />

increases. See ‘‘PART 2—POWER SALES.’’<br />

Application of Proceeds...................<br />

General Resolution Funds...............<br />

The proceeds of the 2011 Bonds will be used to refund<br />

approximately $77,215,000 of the <strong>Authority</strong>’s Series 2000 A<br />

Revenue Bonds, to refund approximately $41,720,000 of the<br />

<strong>Authority</strong>’s Series 2002 A Revenue Bonds, to refund up to<br />

$200,000,000 of the <strong>Authority</strong>’s Extendible Municipal<br />

Commercial Paper Notes and/or Commercial Paper Notes, and<br />

to pay the costs of issuance of the 2011 Bonds. See ‘‘Part 1—<br />

APPLICATION OF THE 2011 BOND PROCEEDS.’’<br />

Two funds are established under the General Resolution: the<br />

Operating Fund and the Capital Fund, both held by the <strong>Authority</strong>.<br />

The <strong>Authority</strong> may also establish additional funds and accounts.<br />

Amounts in the Operating Fund shall be used in the following<br />

order of priority: to pay Operating Expenses; to pay debt<br />

service on Obligations, which includes the 2011 Bonds and Parity<br />

Debt; to pay debt service on any Subordinated Indebtedness and<br />

Subordinated Contract Obligations; for withdrawal and deposit in<br />

the Capital Fund; and for withdrawal for any lawful corporate<br />

purpose, provided that such amounts are not needed at the time of<br />

such withdrawal to pay Operating Expenses or debt service as<br />

described above. See ‘‘PART 1—SECURITY FOR THE 2011<br />

BONDS.’’<br />

The <strong>Authority</strong> shall from time to time, and in all events prior to<br />

any withdrawal of moneys from the Operating Fund for lawful<br />

corporate purposes, as described above, determine the amount, if<br />

any, to be held for reserves in the Operating Fund.<br />

Amounts in the Capital Fund shall be applied for the Capital<br />

Costs of the <strong>Authority</strong>, but must be applied to the payment of<br />

debt service on the Obligations, including the 2011 Bonds and<br />

Parity Debt, if needed.<br />

Additional Indebtedness;<br />

Parity Debt...................................... As of June 30, 2011, the <strong>Authority</strong> had outstanding<br />

$1,134,375,000 in principal amount of Revenue Bonds, which<br />

are Obligations on a parity with the 2011 Bonds. As of June<br />

30, 2011, the <strong>Authority</strong> had outstanding $122,935,000 of<br />

Adjustable Rate Tender Notes issued in 1985 (the “ART<br />

Notes”), which are on a parity with the Revenue Bonds,<br />

including the 2011 Bonds.<br />

S-2

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