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Finance Highlights 2011 0909
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Finance Highlights 2011 0909
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9/13/2011 5:38:30 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Committee Highlights
Document Date (6)
9/9/2011
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_CC Agenda 2011 0919
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\City Clerk\City Council\Agenda Packets\2011\Packet 2011 0919
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SECTION 7.04. Amendment by Mutual Consent. The provisions of this Article <br />VII do not prevent any Owner from accepting any amendment as to the particular Bond <br />held by such Owner. <br />SECTION 7.05. Trustee's Reliance. The Trustee may conclusively rely, and is <br />protected in relying, upon a Certificate of the City and an opinion of counsel stating that <br />all requirements of this Indenture relating to the amendment or modification hereof have <br />been satisfied and that such amendments or modifications do not materially adversely <br />affect the interests of the Bond Owners. <br />ARTICLE VIII <br />EVENTS OF DEFAULT AND REMEDIES <br />SECTION 8.01. Events of Default. Each of the following events constitutes an <br />Event of Default hereunder: <br />(a) Failure to pay any installment of the principal of any Bonds when <br />due, whether at maturity as therein expressed, by proceedings for <br />redemption, by acceleration, or otherwise. <br />(b) Failure to pay any installment of interest on the Bonds when due. <br />(c) Failure by the City to observe and perform any of the other <br />covenants, agreements or conditions on its part contained in this <br />Indenture or in the Bonds, if such failure has continued for a period <br />of 30 days after written notice thereof, specifying such failure and <br />requiring the same to be remedied, has been given to the City by <br />the Trustee; provided, however, if in the reasonable opinion of the <br />City the failure stated in the notice can be corrected, but not within <br />such 30 -day period, such failure will not constitute an Event of <br />Default if corrective action is instituted by the City within such 30- <br />day period and thereafter diligently and in good faith cures the <br />failure in a reasonable period of time. <br />(d) The City commences a voluntary case under Title 11 of the United <br />States Code or any substitute or successor statute. <br />SECTION 8.02. Remedies on Default. If an Event of Default occurs under <br />Section 8.01 and is continuing, the Trustee may, and, at the written direction of the <br />Owners of a majority in aggregate principal amount of the Bonds then Outstanding the <br />Trustee shall, (a) declare the principal of the Bonds, together with the accrued interest <br />thereon, to be due and payable immediately, and upon any such declaration the same <br />will become immediately due and payable, anything in this Indenture or in the Bonds to <br />the contrary notwithstanding, and (b) subject to the provisions of Sections 8.07 and <br />8.09, exercise any other remedies available to the Trustee and the Bond Owners in law <br />or at equity to enforce the rights of the Bond Owners under this Indenture. Without <br />limiting the generality of the foregoing, the Trustee shall have the right by mandamus, <br />suit, action or proceeding, to compel the City and its members, officers, agents or <br />employees to perform each and every term, provision and covenant contained in this <br />21 <br />
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