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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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Indenture and in the Bonds, and to require the carrying out of any or all such covenants <br />and agreements of the City and the fulfillment of all duties imposed upon it. <br />SECTION 8.03. Notice of Event of Default. Immediately upon becoming aware <br />of the occurrence of an Event of Default, but in no event later than five Business Days <br />following becoming aware of such occurrence, the Trustee shall give notice of such <br />Event of Default to the City by telephone confirmed in writing. Such notice must also <br />state whether the principal of the Bonds has been declared to be or have immediately <br />become due and payable as provided in Section 8.02(a). With respect to any Event of <br />Default described in Section 8.01(a) or (b), the Trustee shall, and with respect to any <br />Event of Default described in Section 8.01(c) the Trustee in its sole discretion may, also <br />give such notice to the Bond Owners in the same manner as provided herein for notices <br />of redemption of the Bonds, which must include the statement that interest on the Bonds <br />will cease to accrue from and after the date, if any, on which the Trustee declares the <br />Bonds to become due and payable under Section 8.02 (but only to the extent that <br />principal and any accrued, but unpaid, interest on the Bonds is actually paid on such <br />date). <br />SECTION 8.04. Application of Funds Upon Event of Default. All of the sums in <br />the funds and accounts established and held by the Trustee hereunder upon the <br />occurrence of an Event of Default, and all sums thereafter received by the Trustee <br />hereunder, shall be applied by the Trustee as follows and. in the following order: <br />(a) First, to the payment of any fees, costs and expenses incurred by <br />the Trustee to protect the interests of the Owners of the Bonds; <br />payment of the fees, costs and expenses of the Trustee (including <br />fees and expenses of its counsel, including any allocated costs of <br />internal counsel) incurred in and about the performance of its <br />powers and duties under this Indenture and the payment of all fees, <br />costs and expenses owing to the Trustee under Section 6.06, <br />together with interest on all such amounts advanced by the Trustee <br />at the maximum rate permitted by law. <br />(b) Second, to the payment of the whole amount then owing and <br />unpaid upon the Bonds for interest and principal, with interest on <br />such overdue amounts at the respective rates of interest borne by <br />those Bonds, and in case such moneys are insufficient to pay in full <br />the whole amount so owing and unpaid upon the Bonds, then to the <br />payment of such interest, principal and interest on overdue amounts <br />without preference or priority among such interest, principal and <br />interest on overdue amounts ratably to the aggregate of such <br />interest, principal and interest on overdue amounts. <br />SECTION 8.05. Power of Trustee to Control Proceedings. If the Trustee, upon <br />the happening of an Event of Default, takes any action, by judicial proceedings or <br />otherwise, in the performance of its duties hereunder, whether upon its own discretion, <br />with the consent or upon the request of the Owners of a majority in aggregate principal <br />amount of the Bonds then Outstanding, it has full power, in the exercise of its discretion <br />for the best interests of the Owners of the Bonds, with respect to the continuance, <br />discontinuance, withdrawal, compromise, settlement or other disposal of such action. <br />The Trustee may not, unless there no longer continues an Event of Default, discontinue, <br />22 <br />
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