The following is not a complete summary or description of the terms of ACTA’s Master Trust Indenture, its Supplemental Trust Indentures, or any amendments or supplements thereto, and these brief descriptions are qualified in their entirety by reference to the full provisions of the applicable agreements. Please reference these documents in their entirety for the complete terms thereof, copies of which are posted on this website.
The Master Trust Indenture governs, and sets forth the terms of, the bonds issued by the Alameda Corridor Transportation Authority, including, among other things, establishing the security for the bonds, dictating when new bonds may be issued, and providing certain rights to the bondholders.
There have been eleven supplements to the Master Trust Indenture, of which four (the 5th, 6th, 8th and 11th supplements) amended the terms of the Master Trust Indenture. The remaining seven supplements (the 1st, 2nd, 3rd, 4th, 7th, 9th, and 10th supplements) did not amend the Master Trust Indenture and only provided for the issuance of additional bonds thereunder.
The four supplements that amended the Master Trust Indenture effected the revisions generally described as follows:
- 5th Supplement: provided for the prepayment of the 1999 ACTA bonds prior to the prepayment of other ACTA bonds, from certain available moneys previously held in the Indemnification Fund
- 6th Supplement: amended and clarified the definition of “Financing Fees” under the Master Trust Indenture
- 8th Supplement: provided for the payment of any monies owed to the 2012 bondholder in connection with the exercise of remedies under the 2012 Financing Agreement following any prepayment of ACTA bonds, to the extent there are any remaining revenues at the bottom of the flow of funds
- 11th Supplement: established additional financial requirements for the issuance of second subordinate lien bonds