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HomeMy WebLinkAboutA056 - Continuing Disclosure Agreement - Mary Greeley, City of Ames, Wells Fargo Bank, National Association - Series 2012 CONTINUING DISCLOSURE AGREEMENT This Continuing Disclosure Agreement (the "Disclosure Agreement") is executed and delivered by and among Mary Greeley Medical Center(the "Medical Center"), the City of Ames, Iowa (the "City"), and Wells Fargo Bank, National Association (the "Trustee"), in connection with the issuance by the City of its $26,000,000 Hospital Revenue Bonds (Mary Greeley Medical Center), Series 2012 (the "Bonds"). The Bonds are being issued pursuant to an Indenture of Trust, dated as of June 1, 2003, as amended and supplemented by a First Supplemental Indenture of Trust, dated as of October 1, 2011 and a Second Supplemental Indenture of Trust, dated as of November 1, 2012 (collectively, the "Indenture"), among the City, the Medical Center and the Trustee. The Medical Center will make payments of principal and interest on the Bonds on behalf of the City under the terms of the Indenture. Pursuant to the Indenture, the City, the Medical Center and the Trustee covenant and agree as follows: SECTION 1. Purpose of the Disclosure Agreement. This Disclosure Agreement is being executed and delivered by the City, the Medical Center and the Trustee for the benefit of the Holders and Beneficial Owners of the Bonds. SECTION 2. Definitions. In addition to the definitions set forth in the Indenture, which apply to any capitalized term used in this Disclosure Agreement unless otherwise defined in this Section,the following capitalized terms shall have the following meanings: "Annual Report" shall mean any Annual Report provided by the Medical Center, on behalf of the City and itself, pursuant to, and as described in, Sections 3 and 4 of this Disclosure Agreement. "Beneficial Owner" shall mean any person who has provided evidence to the Trustee that such person has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Bonds (including persons holding Bonds through nominees, depositories or other intermediaries). "Disclosure Representative" shall mean an officer of the Medical Center or his or her designee, or such other person as the Medical Center shall designate in writing to the Trustee from time to time. "Dissemination Agent" shall mean Wells Fargo Bank, National Association, acting in its capacity as Dissemination Agent hereunder, or any successor Dissemination Agent designated in writing by the Medical Center and which has filed with the Trustee a written acceptance of such designation. 4 843-4044-7249\2 10/3 0/2012 CITY OF AMES, IOWA By: Its: Mayor Y• Its: City Clerk Signature Page to Continuing Disclosure Agreement Mary Greeley Medical Center Bonds