Revised Agr
A1BIA
REVISED AS OF APRIL 28, 2004
COMMITMENT TO ISSUE A
FINANCIAL GUARANTY INSURANCE POLICY
Application No.: 2004-003075-001
Sale Date: April 19, 2004
Program Type: Negotiated DP
Re: $5,585,000 City of Salina, Kansas, General Obligation Refunding Bonds, Series 2004-A
(the "Obligations")
This commitment to issue a financial guaranty insurance policy (the "Commitment") dated
April 28, 2004, constitutes an agreement between CITY OF SALINA, KANSAS (the
"Applicant") and MBIA Insurance Corporation (the "Insurer"), a stock insurance company
incorporated under the laws of the State of New York.
Based on an approved application dated April 12,2004, the Insurer agrees, upon satisfaction
of the conditions herein, to issue on the earlier of (i) 120 days of said approval date or (ii) on the
date of delivery of and payment for the Obligations, a financial guaranty insurance policy (the
"Policy") for the Obligations, insuring the payment of principal of and interest on the Obligations
when due. The issuance of the Policy shall be subject to the following terms and conditions:
1. Payment by the Applicant, or by the Trustee on behalf of the Applicant, on the date of
delivery of and payment for the Obligations, of a nonrefundable premium in the amount of
$15,114.30 [.235% (premium rate) of$6,431,618.13 (total debt service), premium rounded to the
nearest penny]. The premium set out in this paragraph shall be the total premium required to be
paid on the Policy issued pursuant to this Commitment.
2. The Obligations shall have received the unqualified opinion of bond counsel with
respect to the tax-exempt status of interest on the Obligations.
3. There shall have been no material adverse change in the Obligations or the Resolution,
Bond Ordinance, Trust Indenture or other official document authorizing the issuance of the
Obligations or in the final official statement or other similar document, including the financial
statements included therein.
4. There shall have been no material adverse change in any information submitted to the
Insurer as a part of the application or subsequently submitted to be a part of the application to the
Insurer.
5. No event shall have occurred which would allow any underwriter or any other
purchaser of the Obligations not to be required to purchase the Obligations at closing.
6. À Statement of Insurance satisfactory to the Insurer shall be printed on the Obligations.
7. Prior to the delivery of and payment for the Obligations, none of the information or
documents submitted as a part of the application to the Insurer shall be determined to contain any
untrue or misleading statement of a material fact or fail to state a material fact required to be
stated therein or necessary in order to make the statements contained therein not misleading.
8. No material adverse change affecting any security for the Obligations shall have
occurred prior to the delivery of and payment for the Obligations.
A1BIA
9. The Insurer's "Payments Under the Policy/Other Required Provisions" (see attached)
shall be included in the authorizing document.
10. The Applicant agrees not to use the Insurer's name in any public document including,
without limitation, a press release or presentation, announcement or forum without the Insurer's
prior consent. In the event that the Applicant is advised by counsel that it has a legal obligation
to disclose the Insurer's name in any press release, public announcement or other public
document, the Applicant shall provide the Insurer with at least three (3) business days' prior
written notice of its intent to use the Insurer's name together with a copy of the proposed use of
the Insurer's name and of any description of a transaction with the Insurer and shall obtain the
Insurer's prior consent as to the form and substance of the proposed use of the Insurer's name and
any such description.
11. This Commitment may be signed in counterpart by the parties hereto.
12. Compliance with the Insurer's following conditions (see attached).
a. Criteria for Current Refundings;
b. Standard Conditions for Refunding; and
c. General Document Provisions.
Dated this 28th day of April, 2004.
MBL~~r~~
By ;'(1 ~
Assistant Secretary
By:
Title:
LINA, KANSAS
.; /) c:{ "7 t..A