Exhibit 4.2.24.3
AMBAC Municipal Bond Insurance Policy
AMBAC Indemnity Corporation
c/o CT Corporation Systems
44 East Mifflin St., Madison, Wisconsin 53703
Administrative Office:
One State Street Plaza, New York, NY 10004
Telephone: (212) 668-0340
Issuer: CONNECTICUT DEVELOPMENT AUTHORITY
Policy Number: 13587BE
Bonds: $62,000,000 Pollution Control Revenue Bonds
(The Connecticut Light and Power Company
Project - 1996A Series) dated May 21, 1996
and maturing on May 1, 2031. The Trustee is
Fleet National Bank, Hartford, Connecticut.
Premium: $3,747,355.78
AMBAC Indemnity Corporation (AMBAC) A Wisconsin Stock Insurance Company
in consideration of the payment of the premium and subject to the terms of
this Policy, hereby agrees to pay to the United States Trust Company of New
York, as trustee, or its successor (the "Insurance Trustee"), for the benefit
of Bondholders, that portion of the principal of and interest on the above-
described debt obligations (the "Bonds") which shall become Due for Payment
but shall be unpaid by reason of Nonpayment by the Issuer.
AMBAC will make such payments to the Insurance Trustee within one (1)
business day following notification to AMBAC of Nonpayment. Upon a
Bondholder's presentation and surrender to the Insurance Trustee of such
unpaid Bonds or appurentant coupons, uncanceled and in bearer form and free
of any adverse claim, the Insurance Trustee will disburse to the Bondholder
the face amount of principal and interest which is then Due for Payment but
is unpaid. Upon such disbursement, AMBAC shall become the owner of the
surrendered Bonds and coupons and shall be fully subrogated to all of the
Bondholder's rights to payment.
In cases where the Bonds are issuable only in a form whereby principal is
payable to registered Bondholders or their assigns, the Issurance Trustee
shall disburse principal to a Bondholder as aforesaid only upon presentation
and surrender to the Insurance Trustee of the unpaid Bond, uncanceled and
free of any adverse claim, together with an instrument of assignment, in form
satisfactory to the Insurance Trustee, duly executed by the Bondholder or
such Bondholder's duly authorized representative, so as to permit ownership
of such Bond to be registered in the name of AMBAC or its nominee. In cases
where the Bonds are issuable only in a form whereby interest is payable to
registered Bondholders or their assigns, the Issurance Trustee shall disburse
interest to a Bondholder as aforesaid only upon presentation to the Insurance
Trustee of proof that the claimant is the person entitled to the payment of
interest on the Bond and upon presentation to the Insurance Trustee of proof
that the claimant is the person entitled to the payment of interest on the
Bond and delivery to the Insurance Trustee of an instrument of assignment, in
form satisfactory to the Insurance Trustee, duly executed by the claimant
Bondholder or such Bondholder's duly authorized representative, transferring
to AMBAC all rights under such Bond to receive the interest in respect of
which the insurance disbursement was made. AMBAC shall be subrogated to all
the Bondholders' rights to payment on registered Bonds to the extent of the
insurance disbursements so made.
In the event the trustee or paying agent for the Bonds has notice that any
payment of principal of or interest on a Bond which has become Due for
Payment and which is made to a Bondholder by or one behalf of the Issuer of
the Bonds has been deemed a preferential transfer and theretofore recovered
from its registered owner pursuant to the United States Bankruptcy Code in
accordance with a final, nonappealable order of a court of competent
jurisdiction, such registered owner will be entitled to payment from AMBAC to
the extent of such recovery if sufficient funds are not otherwise available.
As used herein, the term "Bondholder" means any person other than the Issuer
who, at the time of Nonpayment, is the owner of a Bond or of a coupon
appertaining to a Bond. As used herein, "Due for Payment," when referring to
the principal of Bonds, is when the stated maturity date or a mandatory
redemption date for the application of a required sinking fund installment
has been reached and does not refer to any earlier date on which payment is
due by reason of call for redemption (other than by application of required
sinking fund installments), acceleration or other advancement of maturity;
and, when referring to interest on the Bonds, is when the stated date for
payment of interest has been reached. As used herein, "Nonpayment" means the
failure of the Issuer to have provided sufficient funds to the paying agent
for payment in full of all principal of and interest on the Bond which are
Due for Payment.
This Policy is noncancelable. The premium on this Policy is not refundable
for any reason, including payment of the Bonds prior to maturity. This
Policy does not insure against loss of any prepayment or other acceleration
payment which at any time may become due in respect of any Bond, other than
at the sole option of AMBAC, nor against any risk other than Nonpayment.
In witness whereof, AMBAC has caused this Policy to be affixed with a
facsimile of its corporate seal and to be signed by its duly authorized
officers in facsimile to become effective as its original seal and signatures
and binding upon AMBAC by virtue of the countersignature of its duly
authorized representative.
/s/ P. Lassiter
President
AMBAC INDEMNITY CORPORATION CORPORATE SEAL WISCONSIN
/s/ Stephen S. Cooke
Secretary
/s/ Eileen T. Kerchoff
Authorized Representative
/s/ Cynthia Chaney
Authorized Officer
Effective Date: January 23, 1997
UNITED STATES TRUST COMPANY OF NEW YORK acknowledges that it has agreed to
perform the duties of Insurance Trustee under this Policy.
AMBAC
AMBAC Indemnity Corporation
c/o CT Corporation Systems
44 East Mifflin St., Madison, Wisconsin 53703
Administrative Office:
One State Street Plaza, New York, NY 10004
Telephone: (212) 668-0340
Endorsement
Policy issued to: CONNECTICUT DEVELOPMENT AUTHORITY
Attached to and forming part of
POLICY NO. 13587BE
Effective Date of Endorsement:
January 23, 1997
The Policy to which this endorsement is attached and of which it forms a part
is hereby amended to provide that the payment by AMBAC to the Insurance
Trustee, for the benefit of the Bondholders, of the principal of an interest
on the Bonds which shall become Due for Payment but which are unpaid by
reason of Nonpayment by the Issuer shall include any scheduled interest
payment and required mandatory redemption of Bank Bonds pursuant to Section
2.4(G)(i) of the Amended and Restated Indenture of Trust between the Issuer
and Fleet National Bank, as trustee, dated as of May 1, 1996 and Amended and
Restated as of January 1, 1997, related to the Bonds and the Standby Bond
Purchase Agreement.
Nothing herein contained shall be held to vary, alter, waive or extend any of
the terms, conditions, provisions, agreements or limitations of the above
mentioned Policy other than as above stated.
In Witness Whereof, AMBAC has caused this Endorsement to be affixed with a
facsimile of its corporate seal and to be signed by its duly authorized
officers in facsimile to become effective as its original seal and signatures
and binding upon AMBAC by virtue of the countersignature of its duly
authorized representative.
AMBAC Indemnity Corporation.
/s/ P. Lassiter
President
AMBAC INDEMNITY CORPORATION CORPORATE SEAL WISCONSIN
/s/ Stephen S. Cooke
Secretary
/s/ Eileen T. Kerchoff
Authorized Representative
AMBAC
AMBAC Indemnity Corporation
c/o CT Corporation Systems
44 East Mifflin St., Madison, Wisconsin 53703
Administrative Office:
One State Street Plaza, New York, NY 10004
Telephone: (212) 668-0340
Endorsement
Policy issued to: CONNECTICUT DEVELOPMENT AUTHORITY
Attached to and forming part of
POLICY NO. 13587BE
Effective Date of Endorsement:
January 23, 1997
Notwithstanding the terms and provisions contained in this Policy, it is
further understood that the term "Due for Payment" shall also mean, when
referring to the principal of and interest on a Bond, any date on which the
Bonds shall have been duly called for special mandatory redemption as a
result of a final determination by a court of competent jurisdiction or an
administrative agency that interest paid or payable on the Bonds to other
than a substantial user or a related person is or was includable in the gross
income of the owner thereof for federal income tax purposes under the United
States Internal Revenue Code of 1986, as amended, pursuant to Section 2.4(C)
of the Amended and Restated Indenture of Trust between the Issuer and Fleet
National Bank, as trustee, dated as of May 1, 1996 and Amended and Restated
as of January 1, 1997 securing the Bonds.
Nothing herein contained shall be held to vary, alter, waive or extend any of
the terms, conditions, provisions, agreements or limitations of the above
mentioned Policy other than as above stated.
In Witness Whereof, AMBAC has caused this Endorsement to be affixed with a
facsimile of its corporate seal and to be signed by its duly authorized
officers in facsimile to become effective as its original seal and signatures
and binding upon AMBAC by virtue of the countersignature of its duly
authorized representative.
AMBAC Indemnity Corporation.
/s/ P. Lassiter
President
AMBAC INDEMNITY CORPORATION CORPORATE SEAL WISCONSIN
/s/ Stephen S. Cooke
Secretary
/s/ Eileen T. Kerchoff
Authorized Representative
AMBAC
AMBAC Indemnity Corporation
c/o CT Corporation Systems
44 East Mifflin St., Madison, Wisconsin 53703
Administrative Office:
One State Street Plaza, New York, NY 10004
Telephone: (212) 668-0340
Endorsement
Policy issued to: CONNECTICUT DEVELOPMENT AUTHORITY
Attached to and forming part of
POLICY NO. 13587BE
Effective Date of Endorsement:
January 23, 1997
In the event that AMBAC Indemnity Corporation were to become insolvent, any
claims arising under the Policy would be excluded from coverage by the
Connecticut Insurance Guaranty Association.
Nothing herein contained shall be held to vary, alter, waive or extend any of
the terms, conditions, provisions, agreements or limitations of the above
mentioned Policy other than as above stated.
In Witness Whereof, AMBAC has caused this Endorsement to be affixed with a
facsimile of its corporate seal and to be signed by its duly authorized
officers in facsimile to become effective as its original seal and signatures
and binding upon AMBAC by virtue of the countersignature of its duly
authorized representative.
AMBAC Indemnity Corporation.
/s/ P. Lassiter
President
AMBAC INDEMNITY CORPORATION CORPORATE SEAL WISCONSIN
/s/ Stephen S. Cooke
Secretary
/s/ Eileen T. Kerchoff
Authorized Representative