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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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withdraw, compromise or settle, or otherwise dispose of any litigation pending at law or <br />in equity, if at the time there has been filed with it a written request signed by the <br />Owners of a majority in principal amount of the Outstanding Bonds hereunder opposing <br />such discontinuance, withdrawal, compromise, settlement or other disposal of such <br />litigation. <br />SECTION 8.06. Limitation on Owners' Right to Sue. No Owner of a Bond has <br />the right to institute any suit, action or proceeding at law or in equity, for any remedy <br />under or upon this Indenture, unless: <br />(a) said Owner has previously given to the Trustee written notice of the <br />occurrence of an Event of Default; <br />(b) the Owners of a majority in aggregate principal amount of all the <br />Bonds then Outstanding have requested the Trustee in writing to <br />exercise the powers hereinbefore granted or to institute such action, <br />suit or proceeding in its own name; <br />(c) said Owners have tendered to the Trustee indemnity reasonably <br />acceptable to the Trustee against the costs, expenses and liabilities <br />to be incurred in compliance with such request; and <br />(d) the Trustee has failed to comply with such request for a period of <br />60 days after such written request has been received by, and said <br />tender of indemnity has been made to, the Trustee. <br />Such notification, request, tender of indemnity and refusal or omission are <br />hereby declared, in every case, to be conditions precedent to the exercise by any Owner <br />of any remedy hereunder; it being understood and intended that no one or more Owners <br />has any right in any manner whatever by his or their action to enforce any right under <br />this Indenture, except in the manner herein provided, and that all proceedings at law or <br />in equity to enforce any provision of this Indenture shall be instituted, had and <br />maintained in the manner herein provided and for the equal benefit of all Owners of the <br />Outstanding Bonds. <br />The right of any Owner of any Bond to receive payment of the principal of and <br />premium, if any, and interest on such Bond as herein provided, shall not be impaired or <br />affected without the written consent of such Owner, notwithstanding the foregoing <br />provisions of this Section or any other provision of this Indenture. <br />SECTION 8.07. Non - waiver. Nothing in this Article VIII or in any other provision <br />of this Indenture or in the Bonds, affects or impairs the obligation of the City, which is <br />absolute and unconditional, to pay from any source of legally available funds of the City, <br />the principal of and interest and redemption premium (if any) on the Bonds to the Bond <br />Owners when due and payable as herein provided, or affects or impairs the right of <br />action, which is also absolute and unconditional, of the Bond Owners to institute suit to <br />enforce such payment by virtue of the contract embodied in the Bonds. <br />A waiver of any default by any Owner does not affect any subsequent default or <br />impair any rights or remedies on the subsequent default. No delay or omission of the <br />Bond Owner or any Owner to exercise any right or power accruing upon any default <br />shall impair any such right or power or shall be construed to be a waiver of any such <br />23 <br />
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