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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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ARTICLE VIII <br />EVENTS OF DEFAULT AND REMEDIES OF OWNERS <br />Section 8.01. Events of Default and Acceleration of Maturities. The following events <br />shall constitute Events of Default hereunder: <br />(a) if default shall be made by the Agency in the due and punctual payment <br />of the principal of or interest or redemption premium (if any) on any Bond when and as <br />the same shall become due and payable, whether at maturity as therein expressed, by <br />declaration or otherwise; <br />(b) if default shall be made by the Agency in the observance of any of the <br />covenants, agreements or conditions on its part in this Indenture or in the Bonds <br />contained, other than a default described in the preceding clause (a), and such default <br />shall have continued for a period of thirty (30) days following receipt by the Agency of <br />written notice from the ,the Series 2008 Insurer or any other Insurer or written notice <br />from any Owner (with a copy of said notice delivered to the Trustee and the Series 2008 <br />Insurer and any other Insurer) of the occurrence of such default, provided that if in the <br />reasonable opinion of the Agency the failure stated in the notice can be corrected, but <br />not within such thirty (30) day period, such failure will not constitute an event of default if <br />corrective action is instituted by the Agency (with the prior written consent of the Series <br />2008 Insurer and any other Insurer) within such thirty (30) day period and the Agency <br />thereafter diligently and in good faith cures such failure in a reasonable period of time as <br />approved by the Series 2008 Insurer and any other Insurer; or; or <br />(c) If the Agency files a petition seeking reorganization or arrangement under <br />the federal bankruptcy laws or any other applicable law of the United States of America, <br />or if a court of competent jurisdiction will approve a petition by the Agency seeking <br />reorganization under the federal bankruptcy laws or any other applicable law of the <br />United States of America, or, if under the provisions of any other law for the relief or aid <br />of debtors, any court of competent jurisdiction will approve a petition by the Agency, <br />seeking reorganization under the federal bankruptcy laws or any other applicable law of <br />the United States of America, or, if under the provisions of any other law for the relief or <br />aid of debtors, any court of competent jurisdiction will assume custody or control of the <br />Agency or of the whole or any substantial part of its property. <br />In determining whether an Event of Default has occurred under (a) above, no effect shall <br />be given to payments made under the Series 2008 Bond Insurance Policy, or under any other <br />municipal bond insurance policy, financial guaranty insurance policy or Qualified Reserve <br />Account Credit Instrument. <br />If an Event of Default has occurred under this Section and is continuing, the Trustee, <br />may, and, if requested in writing by the Owners of a majority in aggregate principal amount of <br />the Bonds then Outstanding the Trustee shall, (a) declare the principal of the Bonds, together <br />with the accrued interest thereon, to be due and payable immediately, and upon any such <br />declaration the same shall become immediately due and payable, anything in this Indenture or <br />in the Bonds to the contrary notwithstanding, and (b) subject to the provisions of Section 8.06, <br />exercise any other remedies available to the Trustee and the Bond Owners in law or at equity. <br />43 <br />
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