Series 54: 2.3.3.3. Continuing Disclosure Agreement

Taken from our Series 54 Online Guide

2.3.3.3.  Continuing Disclosure Agreement

Underwriters are obligated by SEC Rule 15c2-12 to receive a continuing disclosure agreement from the issuer prior to making a bid or accepting a sale. This is an agreement to provide continuing disclosure of information relevant to the market value of the bonds throughout their life. The agreement is signed by the issuer and any other entity that is committed contractually to support payment of the bond obligation.

In the continuing disclosure agreement, the issuer or obligated person commits to provide financial and operating information annually on a specified date and audited annual financial statements to the MSRB. Timely notice is also promised in the event of:

Principal and interest payment delinquencies

Defaults

Unscheduled draws on debt service reserves reflecting financial difficulties

Unscheduled draws on credit enhancements reflecting financial difficulties

Substitution of credit or liquidity providers, or their failure to perform

Adverse tax opinions affecting the tax-exempt status of the bonds

Modifications to bondholders’ rights

Bond calls and tender offers

Defeasances

Release, substitution or sale of property securing repayment of the securities

Rating changes

Bankruptcy, insolvency or receivership

Merger, acquisition or sale of all issuer assets

Appointment of successor trustee

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