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Finance Highlights 2011 1202
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Finance Highlights 2011 1202
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12/13/2011 6:20:44 PM
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12/13/2011 6:17:13 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Committee Highlights
Document Date (6)
12/2/2011
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_CC Agenda 2011 1219
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\City Clerk\City Council\Agenda Packets\2011\Packet 2011 1219
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ARTICLE VI <br />THE TRUSTEE <br />SECTION 6.01. Duties, Immunities and Liabilities of Trustee. <br />(a) The Trustee shall, prior to the occurrence of an Event of Default, and after the <br />curing or waiving of all Events of Default which may have occurred, perform such duties and <br />only such duties as are specifically set forth in this Indenture and no implied covenants or duties <br />will be read into this Indenture against the Trustee. The Trustee shall, during the existence of <br />any Event of Default (which has not been cured or waived), exercise such of the rights and <br />powers vested in it by this Indenture, and use the same degree of care and skill in their <br />exercise, as a reasonable corporate trustee would exercise or use. <br />(b) The City may remove the Trustee at any time, and shall remove the Trustee (i) if at <br />any time requested to do so by an instrument or concurrent instruments in writing signed by the <br />Owners of not less than a majority in aggregate principal amount of the Bonds then <br />Outstanding (or their attorneys duly authorized in writing) or (ii) if at any time (A) the Trustee <br />ceases to be eligible in accordance with subsection (e) of this Section 6.01, (B) becomes <br />incapable of acting, (C) is adjudged a bankrupt or insolvent, (D) a receiver of the Trustee or its <br />property is appointed, or (E) any public officer takes control or charge of the Trustee or of its <br />property or affairs for the purpose of rehabilitation, conservation or liquidation. The City may <br />accomplish such removal by giving 30 days written notice to the Trustee, whereupon the City <br />will appoint a successor Trustee by an instrument in writing. <br />(c) The Trustee may at any time resign by giving written notice of such resignation to <br />the City, and by giving notice of such resignation by first class mail, postage prepaid, to the <br />Bond Owners at their respective addresses shown on the Registration Books. Upon receiving <br />such notice of resignation, the City will promptly appoint a successor Trustee by an instrument <br />in writing. <br />(d) Any removal or resignation of the Trustee and appointment of a successor Trustee <br />becomes effective upon acceptance of appointment by the successor Trustee. If no successor <br />Trustee has been appointed and accepted appointment within 45 days following giving notice of <br />removal or notice of resignation as aforesaid, the resigning Trustee, any Owner (on behalf of <br />such Owner and all other Owners) may petition any federal or state court for the appointment of <br />a successor Trustee, and such court may thereupon, after such notice (if any) as it may deem <br />proper, appoint such successor Trustee. Any successor Trustee appointed under this <br />Indenture shall signify its acceptance of such appointment by executing and delivering to the <br />City and to its predecessor Trustee a written acceptance thereof, and to the predecessor <br />Trustee an instrument indemnifying the predecessor Trustee for any costs or claims arising <br />during the time the successor Trustee serves as Trustee hereunder, and such successor <br />Trustee, without any further act, deed or conveyance, shall become vested with all the moneys, <br />estates, properties, rights, powers, trusts, duties and obligations of such predecessor Trustee, <br />with like effect as if originally named Trustee herein; but, nevertheless, upon the receipt by the <br />predecessor Trustee of the Request of the City or the request of the successor Trustee, such <br />predecessor Trustee shall execute and deliver any and all instruments of conveyance or further <br />assurance and do such other things as may reasonably be required for more fully and certainly <br />vesting in and confirming to such successor Trustee all the right, title and interest of such <br />predecessor Trustee in and to any property held by it under this Indenture and shall pay over, <br />transfer, assign and deliver to the successor Trustee any money or other property subject to the <br />16 <br />
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