Page 82 - Burleson FY22 City Budget
P. 82

ATTACHMENT E - SECURITIES LAW COMPLIANCE AND DISCLOSURE POLICY©





                                     iv.  The length of time that the Financial Obligation is to remain outstanding; and



                                     v.   Other  appropriate  terms  of  a  Financial  Obligation  that  will  impact  the  Issuer's  financial
                                          condition and/or existing security holders in a manner deemed Material by the Disclosure
                                          Officer.

               The Disclosure Officer, in consultation with the governing body of the Issuer, bond counsel, legal counsel to the Issuer (including
               designated disclosure counsel, if any), accountants, municipal advisors, financial advisors and other outside consultants of the
               Issuer, to the extent necessary, shall no less often than annually set objective standards of materiality with respect to Debt
               Obligations incurred by the Issuer, which may include, but are not limited to, a monetary threshold that, in connection with other
               relevant facts and circumstances, is the basis for the determination of materiality for Financial Obligations or Terms Affecting
               Security Holders of the Issuer. With respect to lease agreements entered into by the Issuer, the Disclosure Officer shall implement
               the guidelines set forth in Exhibit A when assessing whether such lease agreements are Material Financial Obligations.
                   (d) Incurrence. A Financial Obligation and Terms Affecting Security Holders is considered to be incurred by the Issuer on
                       the date that such Financial Obligation or Terms Affecting Security Holders is enforceable against the Issuer. As a filing
                       under Event 15 is required to be made in a timely manner, not in excess of ten (10) Business Days after date of
                       incurrence, the Disclosure Officer shall begin the process of assessing whether a particular Financial Obligation or Terms
                       Affecting Security Holders should be disclosed as far in advance of its incurrence as possible. Additionally, although not
                       required, the Disclosure Officer may file a voluntary filing of all outstanding Material Financial Obligations incurred prior
                       to the Compliance Date.


                   (e) Exemption of Municipal Securities as to Which a Final Official Statement Has Been Provided. The Disclosure Officer is
                       not obligated to disclose, as a Financial Obligation or Terms Affecting Security Holders subject to Event 15, Municipal
                       Securities as to which a final official statement has been provided to the MSRB consistent with Rule 15c2-12. The
                       Disclosure Officer recognizes that this exclusion from the definition of "Financial Obligation" does not extend to Debt
                       Obligations, contingent or otherwise, related to such Municipal Securities that may be disclosed or referenced in such
                       final official statements.


                   (f)  Exemption of Monetary Obligations Resulting From Legal Proceedings. The Disclosure Officer is not required to disclose
                       monetary obligations resulting from a judicial, administrative, or arbitration proceeding as an Event Notice.



                   (g) Subjecting  Debt  Obligations  to  Annual  Appropriation  not  Determinative. The  Disclosure  Officer  understands  that
                       qualifying Debt Obligations or Financial Obligations such that payment is subject to annual appropriation may remove
                       the  "debt"  designation  for  state  constitutional  or  statutory  purposes;  however,  this  qualification  alone  will  not  be
                       determinative as to whether the Issuer or Obligated Person has incurred a Material Financial Obligation; rather, when
                       analyzing Debt Obligations and Financial Obligations that are subject to annual appropriation, the Disclosure Officer shall
                       determine whether such Financial Obligation is Material, as described in Section 3.02(f), taking into account all relevant
                       facts and circumstances as described in this Section 5.02.



                   (h) Form  of  Event  15  Event  Notice.  Upon  review  of  the  factors  outlined  above,  if  the  Disclosure  Officer  affirmatively
                       determines that a Debt Obligation incurred by the Issuer is a Financial Obligation or Terms Affecting Security Holders
                       that are Material and not exempt under subsection (e) and (f) of this Section 5.02, and therefore subject to Event 15, the
                       Disclosure Officer shall file or cause to be filed with the MSRB through EMMA a notice not in excess of ten (10) Business
                       Days of the date of the incurrence of the Financial Obligations or Terms Affecting Security Holders. The Disclosure
                       Officer shall include a description of the Material terms of the Financial Obligation or Terms Affecting Security Holders
                       within the Event 15 Event Notice. Terms considered Material for Event 15 may include, but are not limited to:



                       i.     The date of incurrence;




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