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10A Action 2008 0602 Attach - Indenture of Trust
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10A Action 2008 0602 Attach - Indenture of Trust
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5/27/2008 3:37:46 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
6/2/2008
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10A Action 2008 0602
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Term Bonds of 203 <br />September 1 Principal Amount <br />(c) Notice of Redemption; Rescission. The Trustee on behalf and at the expense of <br />the Agency shall mail (by first class mail, postage prepaid) notice of any redemption at least <br />thirty (30) but not more than sixty (60) days prior to the redemption date, to (i) to the Series <br />2008 Insurer, to any other Insurer and to the Owners of any Bonds designated for redemption at <br />their respective addresses appearing on the Registration Books, and (ii) the Securities <br />Depositories and to one or more Information Services designated in a Written Request of the <br />Agency filed with the Trustee; but such mailing shall not be a condition precedent to such <br />redemption and neither failure to receive any such notice nor any defect therein shall affect the <br />validity of the proceedings for the redemption of such Bonds or the cessation of the accrual of <br />interest thereon. Such notice shall state the redemption date and the redemption price, shall <br />designate the CUSIP number of the Bonds to be redeemed, shall state the individual number of <br />each Bond to be redeemed or shall state that all Bonds between two stated numbers (both <br />inclusive) or all of the Bonds Outstanding are to be redeemed, and shall require that such <br />Bonds be then surrendered at the Principal Corporate Trust Office of the Trustee for redemption <br />at the redemption price, giving notice also that further interest on such Bonds will not accrue <br />from and after the redemption date. <br />The Agency shall have the right to rescind any optional redemption by written notice to <br />the Trustee on or prior to the date fixed for redemption. Any such notice of optional redemption <br />shall be canceled and annulled if for any reason funds will not be or are not available on the <br />date fixed for redemption for the payment in full of the Bonds then called for redemption, and <br />such cancellation shall not constitute an Event of Default under this Indenture. The Agency and <br />the Trustee shall have no liability to the Owners or any other party related to or arising from <br />such rescission of redemption. The Trustee shall mail notice of such rescission of redemption in <br />the same manner and to the same recipients as the original notice of redemption was sent. <br />Upon the payment of the redemption price of Bonds being redeemed, each check or <br />other transfer of funds issued for such purpose shall, to the extent practicable, bear the CUSIP <br />number identifying, by issue and maturity, the Bonds being redeemed with the proceeds of such <br />check or other transfer. <br />(d) Partial Redemption of Bonds. In the event only a portion of any Bond is called <br />for redemption, then upon surrender of such Bond the Agency shall execute and the Trustee <br />shall authenticate and deliver to the Owner thereof, at the expense of the Agency, a new Bond <br />or Bonds of the same interest rate and maturity, of authorized denominations, in aggregate <br />principal amount equal to the unredeemed portion of the Bond to be redeemed. <br />(e) Effect of Redemption. From and after the date fixed for redemption, if funds <br />available for the payment of the redemption price of and interest on the Bonds so called for <br />redemption shall have been duly deposited with the Trustee, such Bonds so called shall cease <br />to be entitled to any benefit under this Indenture other than the right to receive payment of the <br />17 <br />
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