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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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9/13/2011 5:37:30 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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In the case of a defeasance or payment of all of the Bonds Outstanding in <br />accordance with this Section 9.03, the Trustee shall pay all amounts held by it in any <br />funds or accounts hereunder, which are not required for said purpose or for payment of <br />amounts due the Trustee under Section 6.06, to the City. <br />SECTION 9.04. Execution of Documents and Proof of Ownership by Owners. <br />Any request, consent, declaration or other instrument which this Indenture may require <br />or permit to be executed by any Owner may be in one or more instruments of similar <br />tenor, and shall be executed by such Owner in person or by their attorneys appointed in <br />writing. <br />Except as otherwise herein expressly provided, the fact and date of the <br />execution by any Owner or his attorney of such request, consent, declaration or other <br />instrument, or of such writing appointing such attorney, may be proved by the certificate <br />of any notary public or other officer authorized to take acknowledgments of deeds to be <br />recorded in the state in which he purports to act, that the person signing such request, <br />declaration or other instrument or writing acknowledged to him the execution thereof, or <br />by an affidavit of a witness of such execution, duly sworn to before such notary public or <br />other officer. <br />The ownership of Bonds and the amount, maturity, number and date of <br />ownership thereof are conclusively proved by the Registration Books. <br />Any request, declaration or other instrument or writing of the Owner of any Bond <br />binds all future Owners of such Bond in respect of anything done or suffered to be done <br />by the City or the Trustee in good faith and in accordance therewith. <br />SECTION 9.05. Disqualified Bonds. In determining whether the Owners of the <br />requisite aggregate principal amount of Bonds have concurred in any demand, request, <br />direction, consent or waiver under this Indenture, Bonds which are owned or held by or <br />for the account of the City shall be disregarded and deemed not to be Outstanding for <br />the purpose of any such determination. The Trustee will not be deemed to have <br />knowledge that any Bond is owned or held by the City unless the Trustee has received <br />written notice to that effect. <br />SECTION 9.06. Waiver of Personal Liability. No member, officer, agent or <br />employee of the City is individually or personally liable for the payment of the principal of <br />or interest or any premium on the Bonds. However, nothing contained herein relieves <br />any such member, officer, agent or employee from the performance of any official duty <br />provided by law. <br />SECTION 9.07. Destruction of Canceled Bonds. Whenever in this Indenture <br />provision is made for the surrender to the City of any Bonds which have been paid or <br />canceled under the provisions of this Indenture, a certificate of destruction duly <br />executed by the Trustee shall be deemed to be the equivalent of the surrender of such <br />canceled Bonds and the City is entitled to rely upon any statement of fact contained in <br />any certificate with respect to the destruction of any such Bonds therein referred to. The <br />City will pay all costs of any microfilming of Bonds to be destroyed. <br />SECTION 9.08. Notices. All written notices under this Indenture shall be given <br />by first class mail or personal delivery to the party entitled thereto at its address set forth <br />
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