β¨ Loan Conversion Order Details
APRIL 18.] THE NEW ZEALAND GAZETTE. 1109
PLACE FOR PAYMENT OF PRINCIPAL AND INTEREST.
- The principal and interest in respect of new securities shall be payable in New Zealand.
CONSOLIDATED SINKING FUND FOR NEW SECURITIES.
- (1) In order to provide funds for the repayment of the new securities the local authority shall forthwith make provision for the creation, pursuant to a resolution of the local authority, of a consolidated sinking fund, of which such persons as the local authority appoints shall be the Commissioners.
(2) For such purpose the local authority shall permanently appropriate and shall pay to the Commissioners of the consolidated sinking fund on each first day of January and first day of July following the date of conversion up to and including the first day of July, one thousand nine hundred and fifty-one, a contribution of three thousand one hundred and forty-four pounds ten shillings, increased in respect of each contribution by a sum equal to two and one-eighth per centum of the aggregate amount of new securities redeemable at any time prior to the date on which such contribution is payable, and reduced by the aggregate of the sums which during the six months preceding the date of payment of such contribution have, pursuant to the provisions of the next succeeding clause, been paid to any sinking funds for unconverted securities.
(3) The provisions of sections one hundred and fifteen to one hundred and nineteen of the Harbours Act, 1923, shall apply with respect to such sinking fund.
SINKING FUND FOR UNCONVERTED SECURITIES.
- (1) If dissent is signified in accordance with the provisions of this Order from the conversion of any existing securities issued in respect of any loan referred to in the First Schedule hereto, the local authority, in order to provide funds for the repayment of the unconverted securities issued in respect of such loan, shall forthwith make provision for the creation, pursuant to a resolution of the local authority, of a sinking fund, of which the persons who at the date of conversion were Sinking Fund Commissioners in respect of such loan shall be the first Commissioners.
(2) For such purpose the local authority shall permanently appropriate a sum which bears the same proportion to the annual contribution payable, before the date of conversion, to the existing sinking fund of such loan as the aggregate amount of principal secured by such unconverted securities bears to the aggregate amount of principal secured by all the existing securities issued in respect of such loan, and shall pay such sum to the Commissioners yearly and every year until the maturity date of such unconverted securities, or until the Commissioners are satisfied that the accumulations of sinking fund will suffice to redeem such securities at maturity.
(3) The first of such yearly payments shall be made not later than one year after the date on which the last annual contribution payable before the date of conversion to the existing sinking fund of such loan was payable.
(4) Subject to the provisions of this Order, the provisions of sections one hundred and fifteen to one hundred and nineteen of the Harbours Act, 1923, shall, so far as applicable and with all necessary modifications, apply with respect to such sinking fund.
APPLICATION OF EXISTING SINKING FUNDS.
- (1) The existing sinking fund of the first loan referred to in the First Schedule hereto shall be applied by the Commissioners thereof in accordance with the following provisions of this clause.
(2) All debentures issued in respect of such loan and held by the Commissioners shall be transferred to the local authority to be cancelled on the date of conversion. Such cancellation shall be effected by the local authority in the presence of the Commissioners or a person appointed by them for the purpose, and under the supervision of an officer appointed by the Audit Office to exercise such supervision at the expense of the local authority. On the cancellation of such debentures the liability of the local authority and of the Commissioners in respect of the debentures and of the moneys secured thereby shall forthwith cease.
(3) So much of such existing sinking fund as is not represented by the debentures referred to in the last preceding subclause shall, so far as it will extend, be applied in or towards making the following payments, in the following order of priority, namely:β
(a) First, in transferring to the Commissioners of the sinking fund hereinafter required to be created for the unconverted securities issued in respect of such loan a sum which bears the same proportion to the amount of such existing sinking fund at the date of conversion as the aggregate amount of principal secured by such unconverted securities bears to the aggregate amount of principal secured by all the existing securities issued in respect of such loan; and
(b) Secondly, in transferring the balance to the Commissioners of the consolidated sinking fund hereinbefore required to be created for the new securities, to be held as part of that sinking fund.
- (1) The existing sinking fund of the second loan referred to in the First Schedule hereto shall be applied by the Public Trustee as Commissioner thereof in accordance with the following provisions of this clause.
(2) All debentures issued in respect of such loan and held by the Public Trustee shall be transferred to the local authority to be cancelled on the date of conversion. Such cancellation shall be effected by the local authority in the presence of the Commissioner or a person appointed by him for the purpose, and under the supervision of an officer appointed by the Audit Office to exercise such supervision at the expense of the local authority. On the cancellation of such debentures the liability of the local authority and of the Commissioner in respect of the debentures and of the moneys secured thereby shall forthwith cease.
(3) So much of such existing sinking fund as is not represented by the debentures referred to in the last preceding subclause shall, so far as it will extend, be applied in or towards making the following payments, in the following order of priority, namely:β
(a) First, in transferring to the Commissioners of the sinking fund hereinafter required to be created for the unconverted securities issued in respect of such loan a sum which bears the same proportion to the amount of such existing sinking fund at the date of conversion as the aggregate amount of principal secured by such unconverted securities bears to the aggregate amount of principal secured by all the existing securities issued in respect of such loan; and
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VUW Te Waharoa —
NZ Gazette 1934, No 26
NZLII —
NZ Gazette 1934, No 26
β¨ LLM interpretation of page content
π°
Timaru Harbour Board Loans Conversion Order, 1934
(continued from previous page)
π° Finance & Revenue14 April 1934
Loan Conversion, Local Authority, Order in Council, Timaru Harbour Board, Interest Rates, Debentures, Securities