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reconvene regular meeting: 7:00 pm - Irvine Unified School District

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MCCFD for each Participant is funded with the proceeds of tax and revenue anticipation notes indicated in<br />

such Participant’s Fiscal Year 2010-11 cash flow table in Appendix A hereto.<br />

The cash flows prepared by the Participants reflect the May Revision to the Proposed 2010-11<br />

State Budget Act (defined herein). See “Financial Information Regarding the Participants – State Budget”.<br />

[To be updated.]<br />

Pursuant to Section 42127 of the State Education Code, the Participants must adopt their<br />

respective budgets for the subsequent fiscal year on or before July 1 of such fiscal year. The final State<br />

Budget Act for Fiscal Year 2010-11, which is required to be approved by the Governor by June 30 under<br />

State law, will be subject to future changes or future legislation. The County Department of Education has<br />

advised that it is important for school districts to develop contingency plans that allow for flexibility within<br />

their respective budgets and cash flows. See Appendix A - “The Participants and Cash Flows – Fiscal Year<br />

2010-11 Budget” attached hereto.<br />

The estimates of amounts and timing of receipts and disbursements in the cash flow tables are<br />

based on certain assumptions and should not be construed as statements of fact. The assumptions are based<br />

on present circumstances and currently available information and are believed to be reasonable. The<br />

assumptions may be affected by numerous factors and there can be no assurance that such estimates will<br />

actually be achieved.<br />

Available Sources of Payment and Coverage Factors<br />

Each Participant’s Note, in accordance with California law, is a general obligation of such<br />

Participant, but is payable solely from taxes, income, revenue (including, but not limited to, revenue from<br />

the State and federal governments), cash receipts, and other moneys received for the general fund of the<br />

Participant and provided for and attributable to Fiscal Year 2010-11 and legally available for payment<br />

thereof. Under the Government Code, no obligations, including the Participant’s Note, may be issued<br />

thereunder if the principal thereof and interest thereon exceeds 85 percent of the estimated amount of the<br />

then-uncollected taxes, income, revenue, cash receipts and other moneys which will be available for<br />

payment of such principal and interest. However, each Participant has covenanted that the sum of the<br />

principal amount of the Participant’s Note plus the interest payable thereon, on the date of its issuance, will<br />

not exceed 50 percent of the estimated amounts of such Participant’s then uncollected taxes, income,<br />

revenue (including, but not limited to, revenue from the State and federal governments), cash receipts and<br />

other moneys to be received by such Participant for the general fund of such Participant and provided for<br />

and attributable to Fiscal Year 2010-11, all of which will be legally available to pay principal of and<br />

interest on the Notes.<br />

Each Participant has estimated the total moneys available for payment of its respective Note as<br />

indicated in the table set forth on page C-1 in Appendix C hereto. The principal amount of each Note and<br />

estimated interest thereon is below the 50 percent maximum discussed in the preceding paragraph.<br />

Except for pledged amounts, the unrestricted moneys listed on pages C-1 and C-2 in Appendix C<br />

hereto will be expended during the course of Fiscal Year 2010-11, and no assurance can be given that any<br />

moneys, other than the Pledged Revenues as provided in the Notes and in the Trust Agreement payable<br />

sequentially in the Repayment Months, will be available to pay each Note and the interest thereon.<br />

The tables set forth on pages C-1 and C-2 in Appendix C hereto provide estimated debt service<br />

coverage factors based upon estimated revenues available for debt service as well as estimated amounts in<br />

each respective Participant’s non-general fund accounts that may be borrowed to pay debt service.<br />

8<br />

Page 163<br />

22314.4 033985 POS

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