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HomeMy WebLinkAboutOrdinance 9435~~~ .,.~ r ~- • ~ r ~- ~'~ ORDINANCE NO ~ ~~ ,~ AN ORDINANCE PROVIDING FOR THE ISSUANCE OF $372,055,272 55 GENERAL PURPOSE REFUNDING BONDS, SERIES 1985A, OF THE CITY OF FORT WORTH, TEXAS, BEARING INTEREST AT THE RATES HEREINAFTER SET E`ORTH, AND PROVIDING FOR THE LEVY, ASSESSMENT AND COLLECTION OF A TAX SUFFICIENT TO PAY THE INTEREST ON SAID BONDS AND TO CREATE A SINKING FUND FOR THE REDEMPTION THEREOF AT MATURITY, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH, PROVIDING THAT THIS ORDINANCE SHALL BE IN FORCE AND EFFECT FROM AND AFTER THE DATE OF ITS PASSAGE, AND ALL OTHER MATTERS RELATED THERETO WHEREAS, the City of Fort Worth, Texas (the "City") has outstanding as of August 1, 1985, the following obligations secured in whole or in part by a pledge of ad valorem taxes (the "Refunded Obligations`") , to-wit Series Principal Amount Number Dated Outstanding 94 6-1-61 $ 155,000 95 6-1-61 10,000 96 6-1-61 100,000 97 6-1-61 55,000 9B 6-1-61 5,000 96 8-1-62 270,000 1962 8-1-62 550,000 - 6-1-63 330,000 9b 2-1-64 1,060,000 1964 2-1-64 900,000 96 5-1-65 225,000 1965 5-1-65 1,400,000 1966-A 3-1-66 1,080,000 105A 3-1-66 90,000 105B 3-1-66 900,000 96 3-1-66 115,000 105A 3-1-67 175,000 105B 3-1-67 1,575,000 1967-A 3-1-67 420,000 1967 3-1-67 2,765,000 1968 5-1-68 2,200,000 105A 5-1-68 120,000 1968-A 5-1-68 440,000 1970 3-1-70 2,700,000 105A 3-1-70 100,000 1970-A 3-1-70 1,100,000 1970-B 11-1-70 3,015,000 1970-C 11-1-70 1,540,000 1972-B 3-1-72 5,160,000 1972-A 3-1-72 2,105,000 1972-C 3-1-72 1,280,000 1972-D 6-1-72 400,000 1972-E 6-1-72 170,000 - 2-1-73 420,000 1973-A 3-1-73 2,860,000 1973-B 3-1-73 2,260,000 1974-A 3-1-74 3,990,000 1974-B 3-1-74 1,050,000 1974 5-1-74 1,200,000 1975-A 3-1-75 3,000,000 1976-A 3-1-76 5,700,000 1976-B 3-1-76 6,600,000 1977-A 3-1-77 5,845,000 y - ~ ~ `~ ~` ,~ 'N z Series Principal Amount Number Dated Outstanding 1977-B 3-1-77 4,620,000 1977-D 3-1-77 1,750,000 1978 10-1-78 50,000 1979 7-1-79 36,150,000 1981 6-1-81 39,000,000 1982 4-1-82 39,500,000 1982-A 12-1-82 39,200,000 1983 9-1-83 1,000,000 1984 4-1-84 55,000,000 1985 2-15-85 73,745,000 1980 7-1-80 2,000,000 1984 12-1-84 2,800,000 TOTAL OUTSTANDING $360,250,000 WHEREAS, the bonds hereinafter authorized are to be issued and delivered pursuant to Article 717k, VAT C S , as amended, for the purpose of refunding the Refunded Obligations, and WHEREAS, Article 717k, V A T C S as amended, further authorizes the City to enter into an escrow agreement with any paying agent for the Refunded Obligations with respect to the safekeeping, investment, reinvestment, administration and disposition of any such deposit, upon such terms and conditions as the City and such paying agent may agree, provided that such deposits may be invested and reinvested including obligations the principal of and interest on which are unconditionally guaranteed by the United States of America, and which shall mature and bear interest payable at such times and in such amounts as will be sufficient to provide far the scheduled payment or prepayment of the Refunded Obligations, and WHEREAS, the City deems it advisable to refund the Refunded Obligations in order to lower the overall annual debt service requirements of the City, to restructure the City's cash flow and to establish uniform dates for the principal and interest payments for the City's bond debt, and WHEREAS, BancTEXAS Dallas, N A Texas is the paying .agent for the Series 1983 Certificates of Obligation, Texas American BankjFort Worth, N A Fort Worth, Texas is the paying agent for the Series 1973, Series 1974 and Series 2 '_ -a ~. 1984 Certificates of Obligation, MBank Fort Worth, N A , Fort Worth, Texas, is the paying agent for the Series 1980 Certificates of Obligation, and Manufacturers Hanover Trust Company, New York, New York, is the paying agent for the remaining Refunded Obligations, and the Escrow Agreement hereinafter authorized constitutes an escrow agreement of the kind authorized and permitted by said Article 717k, V A T C S and WHEREAS, all the Refunded Bonds mature or are subject to redemption prior to maturity within twenty years of the date of the bonds hereinafter authorized NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS 1 That the bond or bonds of said City to be called "General Purpose Refunding Bonds, Series 1985A" (the "Bonds"), be issued under and by virtue of the Constitution and laws of the State of Texas and'the Charter of said City for the purpose of refunding all of the outstanding obligations of the City secured in whole or in part by a pledge of ad valorem taxes, such bonds to aggregate in principal amount the sum of $372,055,272.55. 2 (a) That the Bonds maturing on March 1 in each of the years 1986 through 2002, inclusive (the "Current Interest Bonds") shall be dated July 15, 1985, shall be in the denomination of $5,000, or any integral multiple thereof, shall be numbered consecutively from R-1 upward, and shall mature and be payable serially on March 1 in each of the years, and in the amounts, respectively, as set forth in the following schedule YEARS AMOUNTS YEARS AMOUNTS 1986 $19,805,000 1996 $23,300,000 1987 18,310,000 1997 23,060,000 1988 19,025,000 1998 22,080,000 1989 19,965,000 1999 21,160,000 1990 21,255,000 2000 21,510,000 1991 22,680,000 2001 21,190,000 1992 23,620,000 2002 20,250,000 1993 24,530,000 1994 23,900,000 1995 23,405,000 3 ^- ,rr b' ~• ,. rte;, (b) The Bonds maturing on March 1 in each of the years 2003 and 2004 (the "Capital Appreciation Bonds") shall be dated as of the date of delivery thereof (the "Issuance Date"), shall be in the maturity amount of $5,000, or any integral multiple thereof, shall be numbered consecutively from CR-1 upward, and shall be issued in the original aggregate principal amounts, mature and be payable serially on the dates and in the aggregate maturity amounts, respectively, as set forth in the following schedule ORIGINAL PRINCIPAL MATURITY MATURITY AMOUNT DATE AMOUNT $2,053,622 10 March 1, 2003 $9,435,000 00 956,650 45 March 1, 2004 4,795,000 00 3 (a) That the City reserves the right to redeem the Current Interest Bonds maturing on or after March 1, 1996, in whole or in part, on March 1, 1995, or on any interest payment date thereafter, at a redemption price equal to the principal amount thereof and accrued interest thereon to the date fixed for redemption The years of maturity of the Current Interest Bonds called for redemption at the option of the City prior to stated maturity shall be selected by the City The Current Interest Bonds or portions thereof redeemed within a maturity shall be selected by lot (b) The City further reserves the right to redeem the Capital Appreciation Bonds, in whole or in part, on March 1, 1995, or on any September 1 or March 1 thereafter, at a redemption price (i) with respect to the Capital Appreciation Bonds scheduled to mature on March 1, 2003, equal to the original principal amount thereof so called for redemption, plus all interest accrued and compounded to the date fixed for redemption, as determined in accordance with Section 4 hereof and Part One of the schedule attached hereto as Schedule I, or (ii) with respect to the Capital Appreciation Bonds scheduled to mature on March 1, 2004, equal to the original principal amount thereof so called for redemption, plus all interest accrued and compounded to the date fixed for redemption, as determined in accordance with 4 1 > iE e Section 4 hereof and Part Two of the schedule attached hereto as Schedule I The years of maturity of the Capital Appreciation Bonds called for redemption at the option of the City prior to their stated maturity shall be selected by the City The Capital Appreciation Bonds or portions thereof redeemed within a maturity shall be selected by lot (c) At least 30 days prior to the date fixed for any such redemption a written notice of such redemption shall be given to the registered owner of each Bond or a portion thereof being called for redemption by depositing such notice in the United States Mail, postage prepaid, addressed to each such registered owner at his address shown on the registration books of the Paying Agent/Registrar (herein- after defined) By the date fixed for any such redemption due provision shall be made by the City with the Paying Agent/Registrar for the payment of the required redemption price for the Bonds or the portions thereof which are to be so redeemed, plus accrued interest thereon to the date fixed for redemption, as described in Sections 3(a) and 3(b) above. If such written notice of redemption is given, and if due provision for such payment is made, all as provided above, the Bonds, or the portions thereof, which are to be so redeemed, thereby automatically shall be redeemed prior to their scheduled maturities, and shall not bear interest after the date fixed for their redemption, and shall not be regarded as being outstanding except for the right of the registered owner to receive the redemption price plus accrued interest to the date fixed for redemption, as described in Sections 3(a) and 3 (b) above, from the Paying Agent/Registrar out of the funds provided for such payment The Paying Agent/Registrar shall record in the registration books all such redemptions of principal of the Bonds or any portion thereof If a portion of any Bond shall be redeemed a substitute Bond or Bonds having the same maturity date, bearing or accruing interest at the same rate, in any denomination or denominations in any integral or maturing 5 ,,, 3 [,: amount or amounts multiple of $5,000, at the written request of the registered owner, and in an aggregate principal amount or, in the case of a Capital Appreciation Bond, the amount payable at maturity thereof ("maturity amount"), equal to the unredeemed portion thereof, will be issued to the registered owner upon the surrender thereof for cancel- lation, at the expense of the City, all. as provided in this Ordinance 4 (a) That the Current Interest Bonds scheduled to mature during the years, respectively, set forth below shall bear interest at the following rates per annum Bonds maturing in the year 1986, 4 50% Bonds maturing in the year 1987, 5 40% Bonds maturing in the year 1988, 6 00% Bonds maturing in the year 1989, 6 50% Bonds maturing in the year 1990, 7 00% Bonds maturing in the year 1991, 7 20% Bonds maturing in the year 1992, 7 40% Bonds maturing in the year 1993 , 7 60% Bonds maturing in the year 1994, 7 80% Bonds maturing in the year 1995, 8 00% Bonds maturing in the year 1996, 8 15% Bonds maturing in the year 1997, 8 30% Bonds maturing in the year 1998, 8 375% Bonds maturing in the year 1999, 8 625% Bonds maturing in the year 2000, 8 70°f, Bonds maturing in the year 2001, 8 70% Bonds maturing in the year 2002, 8 70% Said interest shall be payable to the registered owner of any such Current Interest Bond in the manner provided and on the dates stated in the FORM OF BOND set forth in this Ordinance (b) The Capital Appreciation Bonds scheduled to mature on the dates, respectively, set forth below shall accrue interest from the Issuance Date, calculated on the basis of a 360-day year composed of twelve 30-day months (subject to rounding to the Appreciated Amounts (hereinafter defined) thereof), compounded semiannually on March 1 and September 1 of each year commencing March 1, 1986, and payable, together with the principal amount thereof, in the manner provided in the FORM OF BOND set forth in this Ordinance, at the following rates per annum 6 ~: ~` ~ ,_ ~ , DATE INTEREST RATE March 1, 2003 8 90% March 1, 2004 8 90% Reference is hereby made to Schedule I hereto, which sets forth the rounded original principal amounts at the Issuance Date for the Capital Appreciation Bonds and, as of each March 1 and September 1, commencing March 1, 19.86, and continuing until stated maturity, the original principal amount thereof, plus all interest accrued and compounded to the particular date of calculation (the "Appreciated Amount") The Appreciated Amount with respect to any date other than March 1 or September 1 is the amount set forth on Schedule I with respect to the last preceding March 1 or September 1, as the case may be, plus the portion of the difference between such amount and the amount set forth on Schedule I with respect to the next succeeding March 1 or September 1, as the case may be, that the number of days (based on 30-day months) from such last preceding March 1 or September 1, as the case may be, to the date for which such determination is being calculated bears to the total number of days (based on 30-day months) from such last preceding March 1 or September 1, as the case may be, to the next succeeding March 1 or September 1, as the case may be 5 (a) The City shall keep or cause to be kept at the principal corporate trust office of Manufacturers Hanover Trust Company, New York, New York, or such other bank, trust company, financial institution, or other agency named in accordance with the provisions of (g) of this Section hereof (the "Paying Agent/Registrar"} books or records of the registration and transfer of the Bonds (the "Registration Books"), and the City hereby appoints the Paying Agent/Registrar as its registrar and transfer agent to keep such books or records and make such transfers and registra- Lions under such reasonable regulations as the City and Paying Agent/Registrar may prescribe, and the Paying Agent/Registrar shall make such transfers and registrations as herein provided It shall be the duty of the Paying 7 ~' _ a; Agent/Registrar to obtain from the registered owner and record in the Registration Books the address of such regis- tered owner of each bond to which payments with respect to the Bonds shall be mailed, as herein provided The City or its designee shall have the right to inspect the Registra- tion Books during regular business hours of the Paying Agent/ Registrar, but otherwise the Paying Agent/Registrar shall keep the Registration Books confidential and, unless otherwise required by law, shall not permit their inspection by any other entity Registration of each Bond may be transferred in-the Registration Books only upon presentation and surrender of such bond to the Paying Agent/Registrar for transfer of registration and cancellation, together with proper written instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying Agent/Registrar, evidencing the assignment of such bond, or any portion thereof in any integral multiple of $5,000, to the assignee or assignees thereof, and the right of such assignee or assignees to have such bond or any such portion thereof registered in the name of such assignee or assignees Upon the assignment and transfer of any Bond or any portion thereof, a new substitute bond or bonds shall be issued in exchange therefor in the manner herein provided (b) The entity in whose name any Bond shall be regis- tered in the Registration Books at any time shall be treated as the absolute owner thereof for all purposes of this Ordinance, whether or not such bond shall be overdue, and the City and the Paying Agent/Registrar shall not be affected by any notice to the contrary, and payment of, or on account of, the principal of, premium, if any, and interest on any such bond shall be made only to such registered- owner All such payments shall be valid and effectual to satisfy and discharge the liability upon such bond to the extent of the sum or sums so paid (c) The City hereby further appoints the Paying Agent/Registrar to act as the paying agent for paying the 8 ~. } principal of and interest on the Bonds, and to act as its agent to exchange or replace Bonds, all as provided in this Ordinance The Paying Agent/Registrar shall keep proper records of all payments made by the City and the Paying Agent/Registrar with respect to the Bonds, and of all exchanges of such bonds, and all replacements of such bonds, as provided in this Ordinance (d) Each Bond may be exchanged for fully registered bonds in the manner set forth herein Each bond issued and delivered pursuant to this Ordinance, to the extent of the unredeemed principal amount thereof, may, upon surrender of such bond at the principal corporate trust office of the Paying Agent/Registrar, together with a written request therefor duly executed by the registered owner or the assignee or assignees thereof, or its or their duly authorized attorneys or representatives, with guarantee of signatures satisfactory to the Paying Agent/Registrar, at the option of the. registered owner or such assignee or assignees, as appropriate, be exchanged for fully registered bonds, without interest coupons, in the form prescribed in the FORM OE BOND set forth in this Ordinance, in the denomination or maturity amount of $5,000, or any integral multiple of $5,000 (subject to the requirement hereinafter stated that each substitute bond shall have a single stated maturity date), as requested in writing by such registered owner or such assignee or assignees, in an aggregate princi- pal amount or maturity amount equal to the unredeemed principal amount or maturity amount of any Bond or Bonds so surrendered, and payable to the appropriate registered owner, assignee, or assignees, as the case may be If a portion of any Bond shall be redeemed prior to its scheduled maturity as provided herein, a substitute bond or bonds having the same maturity date, bearing interest at the same rate, in the denomination or denominations or maturity amount or amounts of any integral multiple of $5,000 at the request of the registered owner, and in an aggregate 9 ,. ,_ f- principal amount or maturity amount equal to the unredeemed portion thereof, will be issued to the registered owner upon surrender thereof for cancellation If any Bond or portion thereof is assigned and transferred, each bond issued in exchange therefor shall have the same principal maturity date and bear or accrue interest at the same rate as the bond for which it is being exchanged Each substitute bond shall bear a letter and/or number to distinguish it from each other bond The Paying Agent/Registrar shall exchange or replace Bonds as provided herein, and each fully registered bond or bonds delivered in exchange for or re- placement of any Bond or portion thereof as permitted or required by any provision of this Ordinance shall constitute. one of the Bonds for all purposes of this Ordinance, and may again be exchanged or replaced It is specifically provided, however, that any Current Interest Bond delivered in exchange for or replacement of another Current Interest Bond prior to the first scheduled interest payment date on the Current Interest Bonds (as stated on the face thereof) shall be dated the same date as such Current Interest Bond, but each substitute bond so delivered on or after such first scheduled interest payment date shall be dated as of the interest payment date preceding the date on which such substitute bond is delivered, unless such substitute bond is delivered on an interest payment date, in which case it shall be dated as of such date of delivery, provided, however, that if at the time of delivery of any substitute bond the interest on the Current Interest Bond for which it is being exchanged has not been paid, then such substitute band shall be dated as of the date to which such interest has been paid in full On each substitute bond issued in exchange for or replacement of any Bond or Bonds issued under this Ordinance there shall be printed thereon a Paying Agent/Registrar's Authentication Certificate, in the form hereinafter set forth An authorized representative of the Paying Agent/Registrar shall, before the delivery of any 10 ~ 7-. i n such substitute bond, date such substitute bond in the manner set forth above, and manually sign and date such Certificate, and no such substitute bond shall be deemed to be issued or outstanding unless such Certificate is so ex- ecuted The Paying Agent/Registrar promptly shall cancel all Bonds surrendered for exchange or replacement No addi- tional ordinances, orders, or resolutions need be passed or adopted by the City Council or any other body or person so as to accomplish the foregoing exchange or replacement of any Bond or portion thereof, and the Paying Agent/Registrar shall provide for the printing, execution, and delivery of the substitute bonds in the manner prescribed herein, and said bonds shall be of type composition printed on paper with lithographed or steel engraved borders of customary weight and strength Pursuant to Article 717k-6, V A T C S and particularly Section 6 thereof, the duty of exchange or replacement of any Bonds as aforesaid is hereby imposed upon the Paying Agent/Registrar, and, upon the execution of said Paying Agent/Registrar's Authentication Certificate, the exchanged or replaced bond shall be valid, incontestable, and enforceable in the same manner and with the same effect as the Bonds which originally were delivered pursuant to this Ordinance, approved by the Attorney Gen- eral, and registered by the Comptroller of Public Accounts Neither the City nor the Paying Agent/Registrar shall be required (1) to issue, transfer, or exchange any Bond during a period beginning at the opening of business 30 days before the day of the first mailing of a notice of redemption of bonds and ending at the close of business on the day of such mailing, or (2) to transfer or exchange any Bond so selected for redemption in whole when such redemption is scheduled to occur within 30 calendar days (e) All Bonds issued in exchange or replacement of any other Bond or portion thereof, (i) shall be issued in fully registered form, without interest coupons, with the principal of and interest on such Bonds to be payable only 11 ~;. to the registered owners thereof, (ii) may be redeemed prior to their scheduled maturities, (iii) may be transferred and assigned, (iv) may be exchanged for other Bonds, (v) shall have the characteristics, (vi) shall be .signed and sealed, and (vii) the principal of and interest on the Bonds shall be payable, all as provided, and in the manner required or indicated, in the FORM OF BOND set forth in this Ordinance (f) The City shall pay the Paying Agent/Registrar's reasonable and customary fees and charges for making trans- fers of Bonds, but the registered owner of any Bond ~ requesting such transfer shall pay any taxes or other governmental charges required to be paid with respect thereto The registered owner of any Bond requesting any exchange shall pay the Paying Agent/ Registrar's reasonable and standard or customary fees and charges for exchanging any such bond or portion thereof, together with any taxes or governmental charges required to be paid with respect thereto, all as a condition precedent to the exercise of such privilege of exchange, except, however, that in the case of the exchange of an assigned and transferred bond or bonds or any portion or portions thereof in any integral multiple of $5,000, and in the case of the exchange of a portion the unredeemed portion of a Bond which has been redeemed in part prior to maturity, as provided in this Ordinance, such fees and charges will be paid by the City In addition, the City hereby covenants with the registered owners of the Bonds that it will (i) pay the reasonable and standard or customary fees and charges of the Paying Agent/Registrar for its services with respect to the payment of the principal of and interest on the Bonds, when due, and (ii) pay the fees and charges of the Paying Agent/Registrar for services with respect to the transfer or registration of Bonds solely to the extent above provided, and with respect to the exchange of Bonds solely to the extent above pro- vided 12 Jx ~ .p, ._ i. (g) The City covenants with the registered owners of the Bonds that at all times while the Bonds are outstanding the City will provide a competent and legally qualified bank, trust company, financial institution, or other agency to act as and perform the services of Paying Agent/Registrar for the Bonds under this Ordinance, and that the Paying Agent/Registrar will be one entity The City reserves the right to, and may, at its option, change the Paying Agent/Registrar upon not less than 60 days written notice to the Paying Agent/Registrar In the event that the entity at any time acting as Paying Agent/Registrar (or its successor by merger, acquisition, or other method) should resign or otherwise cease to act as such, the City covenants that promptly it will appoint a competent and legally qualified national or state banking institution which shall be a corporation organized and doing business under the laws of the United States of America or of any state, authorized under such laws to exercise trust powers, subject to super- vision or examination by federal or state Authority, and whose qualifications substantially are similar to the previous Paying Agent/Registrar to act as Paying Agent/Reg- istrar under this Ordinance Upon any change in the Paying Agent/Registrar, the previous Paying Agent/Registrar promptly shall transfer and deliver the registration books (or a copy thereof), along with all other pertinent books and records relating to the Bonds, to the new Paying Agent/Registrar designated and appointed by the City Upon any change in the Paying Agent/Registrar, the City promptly will cause a written notice thereof to be sent by the new Paying Agent/Registrar to each registered owner of the Bonds, by United States Mail, postage prepaid, which notice also shall give the address of the new Paying Agent/Regis- trar By accepting the position and performing as such, each Paying Agent/Registrar shall be deemed to have agreed to the provisions of this Ordinance, and a certified copy of 13 ~ ~ is d ... .,~. ~'s this Ordinance shall be delivered to each Paying Agent/Registrar 7 The form of all Bonds, including the form of the Comptroller's Registration Certificate to accompany the Bonds on the initial delivery thereof, the form of Paying AgentjRegistrar's Authentication Certificate, and the Form of Assignment to be printed on each of the Bonds, shall be, respectively, substantially as follows, with such appropriate variations, omissions, or insertions as are permitted or required by this Ordinance NO R- FORM OF BOND UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF TARRANT CITY OF FORT WORTH, TEXAS GENERAL PURPOSE REFUNDING BOND SERIES 1985A [FORM OF FIRST TWO PARAGRAPHS OF CURRENT INTEREST BOND] MATURITY DATE INTEREST RATE ORIGINAL ISSUE DATE CUSIP July 15, 1985 ON THE MATURITY DATE SPECIFIED ABOVE, THE CITY OF FORT WORTH, TEXAS (the "Issuer"), hereby promises. to pay to or to the registered assignee hereof (either being hereinafter called the "regis- teAred owner") the principal amount of and to pay interest thereon, from the original issue date of this Bond specified above, to the date of its scheduled maturity or the date of its redemption prior to scheduled maturity, at the rate of interest per annum specified above, with said interest being payable on March 1, 1986, and semi- annually on each September 1 and March 1 thereafter, except that if the Paying Agent/Registrar's Authentication Certif- icate appearing on the face of this Bond is dated later than March 1, 1986, such interest is payable semiannually on each September 1 and March 1 following such date THE PRINCIPAL OF AND INTEREST ON this Bond are payable in lawful money of the United States of America, without exchange or collection charges The principal of this Bond 14 !I. ~ l ~ ,' shall be paid to the registered owner hereof upon presenta- tion and surrender of this Bond at maturity or upon the date fixed for its redemption prior to maturity, at the principal corporate trust office of Manufacturers Hanover Trust Company, New York, New York, which is the "Paying Agent/ Registrar" for this Bond The payment of interest on this Bond shall be made by the Paying Agent/Registrar to the registered owner hereof as shown by the Registration Books kept by the Paying Agent/Registrar at the close of business on the 15th day of the month next preceding such interest payment date by check drawn by the Paying Agent/Registrar on, and payable solely from, funds of the Issuer required to be on deposit with the Paying Agent/Registrar for such purpose as hereinafter provided, and such check shall be sent by the Paying Agent/Registrar by United States mail, postage prepaid, on each such interest payment date, to the registered owner hereof at its address as it appears on the Registration Books kept by the Paying Agent/Registrar, as hereinafter described The Issuer covenants with the regis- tered owner of this Bond that no later than each principal payment and/or interest payment date for this Bond it will make available to the Paying Agent/Registrar from the Interest and Redemption Fund as defined by the ordinance authorizing the Bonds (the "Ordinance") the amounts required to provide for the payment, in immediately available funds, of all principal of and interest on the Bonds, when due [FORM OF FIRST TWO PARAGRAPHS OF CAPITAL APPRECIATION BOND] NO CR- MATURITY AMOUNT INTEREST RATE MATURITY DATE ISSUANCE DATE CUSIP NO August 27, 1985 ON THE MATURITY DATE SPECIFIED ABOVE, THE CITY OF FORT WORTH, TEXAS (the "Issuer"), hereby promises to pay to or the registered assignee hereof (either being hereinafter called 15 .,; ~. ~"' ,. 7 .~ the "registered owner") the Maturity Amount specified above, representing the principal amount hereof and accrued and compounded interest hereon Interest shall accrue on the principal amount hereof from the Issuance Date at the interest rate per annum specified above (subject to rounding to the Appreciated Amounts as provided in the Ordinance (hereinafter defined)), compounded semiannually on March 1 and September 1 of each year, commencing March 1, 1986 THE MATURITY AMOUNT of this Bond is payable in lawful money of the United States of America, without exchange or collection charges The Maturity Amount of this Bond shall be paid to the registered owner hereof upon presentation and surrender of this Bond at maturity, at the principal corporate trust office of Manufacturers Hanover Trust Company, New York, New York, which is the "Paying Agent/Registrar" for this Bond, and shall be drawn by the Paying Agent/Registrar on, and solely from, funds of the Issuer required to be on deposit with the Paying Agent/Registrar for such purpose as hereinafter provided, payable to the registered owner hereof, as it appears on the Registration Books kept by the Paying Agent/Registrar, as hereinafter described The Issuer covenants with the registered owner of this Bond that on or before the Maturity Date for this Bond it will make available to the Paying Agent/Registrar, from the Interest and Redemption Fund as defined by the ordinance authorizing the Bonds (the "Ordinance"), the amounts required to provide for the payment, in immediately available funds of the Maturity Amount, when due [FORM OF REMAINDER OF BOND ] THE TERMS AND PROVISIONS of this Bond are continued on the reverse side hereof and shall for all purposes have the same effect as though fully set forth at this place *IF THE DATE for the payment of the principal of or interest on this Bond shall be a Saturday, Sunday, a legal holiday, or a day on which banking institutions in the city 16 ~r ,b :~ where the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day on which banking institutions are authorized to close, and payment on such date shall have the same force and effect as if made on the original date payment was due *THIS BOND is one of a Series of Bonds of like tenor and effect except as to number, principal amount, interest rate, maturity and option of redemption, authorized in accordance with the Constitution and laws of the State of Texas in the principal amount of $372,055,272 55, for the purpose of refunding all of the outstanding obligations of the City secured in whole or in part by a pledge of ad valorem taxes, and is comprised of (i) Bonds in the aggregate principal amount of $3,010,272 55 that pay interest only at maturity or redemption prior to maturity (the "Capital Appreciation Bonds") and (ii) Bonds in the aggregate principal amount of $369,045,000 00 that pay interest semiannually until maturity or redemption prior to maturity (the "Current Interest Bonds") [THE FOLLOWING PARAGRAPH IS ONLY TO BE .INSERTED IN THE CURRENT INTEREST BOND] *ON MARCH 1, 1995, or on any interest payment date thereafter, the Current Interest Bonds of this Series maturing on March 1, 1996 and thereafter may be redeemed prior to their scheduled maturities, at the option of the Issuer, with funds derived from any available and lawful source, as a whole, or in part, and, if in part, the particular Current Interest Bonds, or portions thereof, to be redeemed shall be selected and designated by the Issuer (provided that a portion of a Current Interest Bond may be redeemed only in an integral multiple of $5,000), at par and accrued interest to the date fixed for redemption [THE FOLLOWING PARAGRAPH I S ONLY TO BE INSERTED IN THE CAPITAL APPRECIATION BOND] 17 ~- ;, ,;., _ ~- *ON MARCH 1, 1985, or on any September 1 or March 1 thereafter, the Capital Appreciation Bonds may be redeemed prior to their scheduled maturities, at the option of the Issuer, with funds derived from any available and lawful source, as a whole, or in part, and, if in part, the Capital Appreciation Bonds, or portions thereof, to be redeemed shall be selected and designated by the Issuer (provided that a portion of a Capital Appreciation Bond may be redeemed only in an integral multiple of $5,000 in maturity amount thereof), on the dates and in the "Appreciated Amounts" as shown for Capital Appreciation Bonds maturing March 1, 2003 or March 1, 2004, as the case may be, on the Table of Appreciated Amounts printed on this Bond *AT LEAST 30 days prior to the date fixed for any such redemption a written notice of such redemption shall be given to the registered owner of each Bond or a portion thereof being called for redemption by depositing such notice in the United States Mail, postage prepaid, addressed to each such registered owner at his address shown on the Registration Books of the Paying Agent/Registrar By the date fixed for any such redemption due provision shall be made by the Issuer with the Paying Agent/Registrar for the payment of the required redemption price for this Bond or the portion hereof which is to be so redeemed, plus, accrued interest thereon to the date fixed for redemption If such written notice of redemption is given, and if due provision for such payment is made, all as provided above, this Bond, or the portion hereof which is to be so redeemed, thereby automatically shall be redeemed prior to its scheduled maturity, and shall not bear interest after the date fixed for its redemption, and shall not be regarded as being outstanding except for the right of the registered owner to receive the redemption price plus accrued interest to the date fixed for redemption from the Paying Agent/Registrar out of the funds provided for such payment The Paying Agent/Registrar shall record in the Registration Books all 18 '' }. f' p such redemptions of principal of this Bond or any portion hereof If a portion of any Bond shall be redeemed a substitute Bond or Bonds having the same maturity date, bearing or accruing interest at the same rate, in any denomination or denominations or maturity amount or amounts in any integral multiple of $5,000, at the written request of the registered owner, and in aggregate principal amount equal to the unredeemed portion thereof, will be issued to the registered owner upon the surrender thereof for cancellation, at the expense of the Issuer, all as provided in the Ordinance *ALL BONDS OF THIS SERIES are issuable solely as fully registered bonds, without interest coupons, in the denomina- tion of any integral multiple of $5,000. As provided in the Ordinance, this Bond, or any unredeemed portion hereof, may, at the request of the registered owner or the assignee or assignees hereof, be assigned, transferred, and exchanged for a like aggregate principal amount or maturity amount of fully registered bonds, without interest coupons, payable to the appropriate registered owner, assignee, or assignees, as the ease may be, having the same maturity date, and bearing or accruing interest at the same rate, in any denomination or denominations or maturity amount or amounts in any integral multiple of $5,000 as requested in writing by the appropriate registered owner, assignee, or assignees, as the case may be, upon surrender of this Bond to the Paying Agent/Registrar for cancellation, all in accordance with the form and procedures set forth in the Ordinance Among other requirements for such assignment and transfer, this Bond must be presented and surrendered to the Paying Agent/Reg- istrar, together with proper instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying Agent/Registrar, evidencing assignment of this Bond or any portion or portions hereof in any integral multiple of $5,000 to the assignee or assignees in whose name or names this Bond or any such portion or portions hereof is or 19 ~. y"~ 1 ~i are to be transferred and registered The form of Assign- ment printed or endorsed on this Bond may be executed by the registered owner to evidence the assignment hereof, but such method is not exclusive, and other instruments of assignment satisfactory to the Paying Agent/Registrar may be used to evidence the assignment of this Bond or any portion or portions hereof from time to time by the registered owner The one requesting such exchange shall pay the Paying Agent/Registrar's reasonable standard or customary fees and charges for exchanging any Bond or portion thereof The foregoing notwithstanding, in the case of the exchange of a portion of a Bond which has been redeemed prior to maturity, as provided herein, and in the case of the exchange of an assigned and transferred Bond or Bonds or any portion or portions thereof, such fees and charges of the Paying Agent/Registrar will be paid by the Issuer In any circum- stance, any taxes or governmental charges required to be paid with respect thereto shall be paid by the one request- ing such assignment, transfer, or exchange as a condition precedent to the exercise of such privilege In any circumstance, neither the Issuer nor the Paying Agent/Reg- istrar shall be required (1) to make any transfer or exchange during a period beginning at the opening of business 30 days before the day of the first mailing of a notice of redemption of bonds and ending at the close of business on the day of such mailing, or (2) to transfer or exchange any Bonds so selected for redemption when such redemption is scheduled to occur within 30 calendar days *IN THE EVENT any Paying Agent/Registrar for the Bonds is changed by the Issuer, resigns, or otherwise ceases to act as such, the Issuer has covenanted in the Ordinance that it promptly will appoint a competent and legally qualified substitute therefor, and promptly will cause written notice thereof to be mailed to the registered owners of the Bonds *IN ADDITION TO ALL OTHER RIGHTS, the holders of this series of Bonds shall be subrogated to all pertinent and 20 ;, ., ~„ ;. ,- ~, necessary rights of the holders of the obligations being refunded thereby *IT IS HEREBY CERTIFIED AND RECITED that the issuance of this Bond, and the series of which it is a part, is duly authorized, issued and delivered in accordance with the Constitution and laws of the State of Texas, that all acts, conditions and things required to be done precedent to and in the issuance of this series of bonds, and of this Bond, have been properly done and performed and have happened in regular and due time, form and manner as required by law, and that ad valorem taxes, upon all taxable property in said City, necessary to pay the interest on and principal of this bond, and the series of which it is a part, as such interest comes due, and such principal matures, have been pledged for such purpose, within the limit prescribed by law *BY BECOMING the registered owner of this Bond, the registered owner thereby acknowledges all of the terms and provisions of the Ordinance, agrees to be bound by such terms and provisions, acknowledges that the Ordinance is duly recorded and available for inspection in the official minutes and records of the governing body of the Issuer, and agrees that the terms and provisions of this Bond and the Ordinance constitute a contract between each registered owner hereof and the I ssuer IN WITNESS WHEREOF, this Bond has been signed by the printed or lithographed facsimile signature of the Mayor of said Issuer, attested by the printed or lithographed facsim- ile signature of the City Secretary and approved as to form or legality by the printed or lithographed facsimile signa- ture of the First. Assistant City Attorney, and the official seal of the Issuer has been duly affixed to, or impressed, or printed, or lithographed, on this Bond 21 ~. .~. ~. ;. ATTEST (facsimile signature) City Secretary (facsimile signature) Mayor APPROVED AS TO FORM AND LEGALITY (facsimile signature) First Assistant City Attorney (SEAL) 22 r ~ .. °' ,~ ** (FORM OF COMPTROLLER'S CERTIFICATE ATTACHED TO THE BONDS UPON INITIAL DELIVERY THEREOF) OFFICE OF COMPTROLLER REGISTER NO STATE OF TEXAS I hereby certify that there is on file and of record in my office a certificate of the Attorney General of the State of Texas to the effect that this Bond has been examined by him as required by law, and that he finds that it has been issued in conformity with the Constitution and laws of the State of Texas, and that it is a valid and binding obliga- tion of the City of Fort Worth, Texas, payable in the manner provided by and in the ordinance authorizing same; and said Bond has this day been registered by me WITNESS MY HAND and seal of office at Austin, Texas Comptroller of Public Accounts of the State of Texas (SEAL) NOTE TO PRINTER *¶s to be on reverse side of bond * * ¶ not to be on bond There shall also included on the form of Capital Appreciation Bond a compounding schedule in the form of such schedule attached to this Ordinance as Schedule I 7 That a special fund or account, to be designated the "City of Fort Worth, Texas Interest and Redemption Fund" is hereby created and shall be established and maintained by said City at its official depository bank Said Interest and Redemption Fund shall be kept separate and apart from all other funds and accounts of said City, and shall be used only for paying the interest on and principal of the Bonds All taxes levied and collected for and on account of the Bonds shall be deposited, as collected, to the credit of said Interest and Redemption Fund During each year while any of the Bonds are outstanding and unpaid, the City Council of said City shall compute and ascertain the rate and amount of ad valorem tax, based on the latest approved tax rolls of said City, with full allowances being made for tax delinquencies and costs of tax collections, which will 24 - n ?' ~ ~: ,. E be sufficient to raise and produce the money required to pay the interest on the Bonds as such interest comes due, and to provide a sinking fund to pay the principal of the Bonds as such principal matures, but never less than 2% of the original principal amount of the Bonds as a sinking fund each year Said rate and amount of ad valorem tax is hereby ordered to be levied and is hereby levied against all taxable property in said City for each year while any of the Bonds are outstanding and unpaid, and said ad valorem tax shall be assessed and collected each such year and deposited to the credit of the aforesaid Interest and Redemption Fund Said ad valorem taxes necessary to pay the interest on and principal of the Bonds, as such interest comes due; and such principal matures, are hereby pledged for such purpose, within the limit prescribed by law 8 (a) In the event any outstanding Bond is damaged, mutilated, lost, stolen, or destroyed, the Paying Agent/Registrar shall cause to be printed, executed, and delivered, a new bond of the same principal amount, maturity, and interest rate, as the damaged, mutilated, lost, stolen, or destroyed Bond, in replacement for such Bond in the manner hereinafter provided (b) Application for replacement of damaged, mutilated, lost, stolen, or destroyed Bonds shall be made to the Paying Agent/Registrar In every case of loss, theft, or destruction of a Bond, the applicant for a replacement bond shall furnish to the City and to the Paying Agent/Registrar such security or indemnity as may be required by them to save each of them harmless from any loss or damage with respect thereto Also, in every case of loss, theft, or destruction of a Bond, the applicant shall furnish to the City and to the Paying Agent/Registrar evidence to their satisfaction of the loss, theft, or destruction of such Bond, as the case may be In every case of damage or mutilation of a Bond, the applicant shall surrender to the 25 .~~ Paying Agent/Registrar for cancellation the Bond so damaged or mutilated (c) Notwithstanding the foregoing provisions of this Section, in the event any such Bond shall have matured, and no default has occurred which is then continuing in the payment of the principal of, redemption premium, if any, or interest on the Bond, the City may authorize the payment of the same (without surrender thereof except in the case of a damaged or mutilated Bond) instead of issuing a replacement Bond, provided security or indemnity is furnished as above provided in this Section (d) Prior to the issuance of any replacement bond, the Paying Agent/Registrar shall charge the owner of such Bond with all legal, printing, and other expenses in connection therewith Every replacement bond issued pursuant to the provisions of this Section by virtue of the fact that any Bond is lost, stolen, or destroyed shall constitute a contractual obligation of the City whether or not the lost, stolen, or destroyed Bond shall be found at any time, or be enforceable by anyone, and shall. be entitled to all the benefits of this Ordinance equally and proportionately with any and all other Bonds duly issued under this Ordinance (e) In accordance with Section 6 of Vernon's Ann Tex Civ St Art 717k-6, this Section of this Ordinance shall constitute authority for the issuance of any such replace- ment bond without necessity of further action by the govern- ing body of the City or any other body or person, and the duty of the replacement of such bonds is hereby authorized and imposed upon the Paying Agent/Registrar, subject to the conditions imposed by this Section 8 of this Ordinance, and the Paying Agent/Registrar shall authenticate and deliver such bonds in the form and manner and with the effect, as provided in Section 5(d) of this Ordinance for Bonds issued in exchange for other Bonds 9 That the Mayor of the City is hereby authorized to have control of the Bonds and all necessary records and 26 ~ /'. • I b ._-, , ~1 V ~~ proceedings pertaining to the Bonds pending their delivery and their investigation, examination and approval by the Attorney General of the State of Texas, and their registration by the Comptroller of Public Accounts of the State of Texas Upon registration of the Bonds, said Comptroller of Public Accounts (or a deputy designated in writing to act for said Comptroller) shall manually sign the Comptroller's Registration Certificate accompanying the Bonds, and the seal of said Comptroller shall be impressed, or placed in facsimile, on each such certificate 10 The Bonds are hereby sold and shall be delivered to Merrill Lynch Capital Markets, Smith Barney, Harris Upham & Co Incorporated, and Rauscher Pierce Refsnes, Inc as managers for the underwriters shown in the Purchase Contract herein described, for a total purchase price of $366,478,714 68, plus any accrued interest on the Current Interest Bonds to the date of delivery, pursuant to the terms and provisions of a Purchase Contract, approved as to form and legality by the City Attorney or First Assistant City Attorney of the City, in substantially the form attached hereto as Exhibit A which the City Manager of the City is hereby authorized and directed to execute and deliver and which the City Secretary of the City is hereby authorized and directed to attest It is hereby officially found, determined, and declared that the terms of this sale are the most advantageous reasonably obtainable The Bonds shall initially be registered in the name of Merrill Lynch Capital Markets or its designee 11 The City Manager of the City is hereby authorized and directed to execute and deliver and the Secretary of the City is hereby authorized and directed to attest an Escrow Agreement, approved as to form and legality by the City Attorney or First Assistant City Attorney of the City, in substantially the form and substance attached hereto as Exhibit B In addition, the City Manager and the City Treasurer each is authorized to execute such subscriptions 27 _~,- ~ '` .~ , • ~- :. for the purchase of United States Treasury Securities, State and Local Government Series, as may be necessary for the Escrow Fund, and that the City may also purchase for investment in the Escrow Fund such obligations of the United States of America or any of its agencies, or such obligations fully guaranteed by the United States of America that will be appropriate open market investments for such Escrow Fund Such proceeds shall be deposited with Manufacturers Hanover Trust Company, one of the paying agents for the Refunded Obligations In addition, officials of the City are directed, upon delivery of the Bonds, to transfer to Manufacturers Hanover Trust Company as Escrow Agent under the Escrow Agreement from the funds on hand an amount necessary to purchase any such open market investments, which amount shall be deposited in the Escrow Fund and used in accordance with the provisions of the Escrow Agreement 12 That is is specifically found and determined by the City that it is advisable to refund the Refunded Obligations in order to lower the overall annual debt service requirements of the City, to restructure the City's cash flow, to shorten the length of maturity of the City's bond debt and to establish uniform dates for the principal and interest payments for the City's bond debt 13 That the City covenants to and with the purchasers of the Bonds that it will make no use of the proceeds of the Bonds at any time throughout their term which, if such use had been reasonably expected on the date of delivery of the Bonds to and payment for the Bonds by the purchasers, would have caused the Bonds to be arbitrage bonds within the meaning of Section 103(c) of the Internal Revenue Code of 1954, as amended, or any regulations or rulings pertaining thereto, and by this covenant the City is obligated to comply with the requirements of the aforesaid Section 103(c) and all applicable and pertinent Department of the Treasury regulations relating to arbitrage bonds That the City 28 v i further covenants that the proceeds of the Bonds will not otherwise be used, directly or indirectly, so as to cause all or any part of the Bonds to be or become arbitrage bonds within the meaning of the aforesaid Section 103(cj or any regulations or rulings pertaining thereto 14 That all ordinances and resolutions or parts thereof in conflict herewith are hereby repealed 15 That this Ordinance shall take effect and be in full force and effect from and after the date of its passage, and it is so ordained 16 It is hereby officially found and determined that the meeting at which this ordinance was passed was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Article 6252-17, Vernon's Annotated Texas Civil Statutes, as amended ATTE City Secretary, ity of Fort Worth, Texas AP VED S TO FO M ND L G LIT First Assistant ity Attorney, City of Fort Worth, Texas 29 Texas Mayor, City of F '~ ~^ ~ ,. ~ • ~ .i ~ ~ r ~ ~ ~ SCHEDULE I PART ONE ~ PART TWO 2003 Maturity . . 2004 lleturity Dollar Prica i Dollar Price Date Per 5000 `• Per 3000 1 27-Aug-BS 1088.300 ~ 997.550 2 01-Mar•86 1137.800 1042.930 3 01-Sep-86 1188.450 1089.350 4 01-Mar-87 1241.350 1137.800 3 01-Sep-89 1296.600 ~ 1188.450 6 01-liar-8$ 1354.300 1241.350 7 01-Sep-88 1414.550 !296.600 8 01-Mar-89 1477..500 1354.300 9 01-Sep•89 1543.250 1414.550 10 01-Mar•90 1611.900 1497.500 11 01-Sep-90 1683.650 1543.250 12 O1-Mnr-91 1758.600 16.1.900 13 01-Sop-91 2836.850 .1683.650 14 01-liar-92 1918.550 ~ 17'38.600 15 01-Sep-92 2003.950 1836.850 16 01-liar-93 2093.150 ~ 1918.550 17 O1-Sep-93 2186.250 ' 20b3.950 18 01-Mar-94 2283.530 ~ 2093.150 i9 O1-Sep-94 2385.200 i 2186. Z50 ZO 01-Mar-95 2491.380 2283.550 21 01-Sep-95 2602.200 2385.200 22 01-liar-96 2718.000 { 2491.350 23 01-Sep-96 2838.950 2602.200 24 O1-liar-97 2965.300 2718.000 25 Ol-Sep-97 3097.250 f 2838.950 26 01-liar-98 3235.050 2965.300 27 01-Srp-98 3379.G00 3097.250 2B 01-liar'99 3529.400 ` 3235.030 29 01-Sep-99 3686.450 ~ 3399.000 30 01•liar-2000 3850.500 3529.400 31 01-Sep-2000 4021.850 i 36$6.450 32 01-Isar-2001 42G0.800 . 380.500 33 Ol-Sep-2001 4387.750 y 4021.850 34 01-Mar-2002 4583.000 4200.800 35 01-Sep-2002 4786.950 ` 43A7.750 36 01-Msr-2003 5000.000 i 4383.000 37 01-Sep-2003 ! 4786.950 38 01-Mar-2004 i 5000.000 ~~ r~; t ~{ i :A.. ~: ~- . ~ .~ THE STATE OF TEXAS COUNTY OF TARRANT CITY OF FORT WORTH ~, I, Ruth Alexander, City Secretary of the City of Fort Worth, in the State of Texas, do hereby certify that I have compared the attached and foregoing excerpt from the minutes of the regular, open, public meeting of the City Council of the City of Fort Worth, Texas, and of Ordinance No which was duly passed at said meeting, and that said copy is a true and correct copy of said excerpt and the whole of said ordinance In testimony whereof, I have set my hand and have here- unto affixed the seal of said City of Fort Worth, this 30th day of July, 1985 ity Secretar of the City of Fort Worth, Texas ~~ y* ~' i `i ~.~ ~~'"` '~ (:SEAL ) .~` ~:~ . .~ •-~ ...• ;-~ ~ .., r" ti' ~ a O' n '` .~ ~ \ ~ ; r us .' ~//^ y Y`1. A ~ ^! N '~- # .~r ` ' ~~ +!~~„ ~ ~w ~ti\> s .r tiia s'r .. .' ~: FORM OF PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE It is hereby certified that this Bond has been issued under the provisions of the Ordinance described on the face of this Bond, and that this Bond has been issued in conver- sion of and exchange for or replacement of a bond, bonds, or a portion of a bond or bonds of an issue which originally was approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts of the State of Texas Dated MANUFACTURERS HANOVER TRUST COMPANY Paying Agent/Registrar By Authorized Representative * FORM OF ASSIGNMENT ASSIGNMENT FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto Please insert Social Security o.r Taxpayer Identification Number of Transferee (Please print or typewrite name and address, including zip code of Transferee ) the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to register the transfer of the within Bond on the books kept for registration thereof, with full power of substitution in the premises Dated Signature Guaranteed NOTICE Signature(s) must be guaranteed by a member firm of the New York Stock Exchange or a commercial bank or trust company NOTICE The signature above must correspond with the name of the Registered Owner as it appears upon the front of this Bond in every particular, without alteration or enlarge- ment or any change whatsoever 23