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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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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 VIII <br />EVENTS OF DEFAULT AND REMEDIES <br />SECTION 8.01. Events of Default. Each of the following events constitutes an Event of <br />Default hereunder: <br />(a) Failure to pay any installment of the principal of any Bonds when due, <br />whether at maturity as therein expressed, by proceedings for redemption, <br />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 covenants, <br />agreements or conditions on its part contained in this Indenture or in the <br />Bonds, if such failure has continued for a period of 30 days after written <br />notice thereof, specifying such failure and requiring the same to be <br />remedied, has been given to the City by the Trustee; provided, however, if <br />in the reasonable opinion of the City the failure stated in the notice can be <br />corrected, but not within such 30 -day period, such failure will not constitute <br />an Event of Default if corrective action is instituted by the City within such <br />30 -day period and thereafter diligently and in good faith cures the failure in <br />a reasonable period of time. <br />(d) The City commences a voluntary case under Title 11 of the United States <br />Code or any substitute or successor statute. <br />SECTION 8.02. Remedies on Default. If an Event of Default occurs under Section 8.01 <br />and is continuing, the Trustee may, and, at the written direction of the Owners of a majority in <br />aggregate principal amount of the Bonds then Outstanding the Trustee shall, (a) declare the <br />principal of the Bonds, together with the accrued interest thereon, to be due and payable <br />immediately, and upon any such declaration the same will become immediately due and <br />payable, anything in this Indenture or in the Bonds to the contrary notwithstanding, and (b) <br />subject to the provisions of Sections 8.07 and 8.09, exercise any other remedies available to <br />the Trustee and the Bond Owners in law or at equity to enforce the rights of the Bond Owners <br />under this Indenture. Without limiting the generality of the foregoing, the Trustee shall have the <br />right by mandamus, suit, action or proceeding, to compel the City and its members, officers, <br />agents or employees to perform each and every term, provision and covenant contained in this <br />Indenture and in the Bonds, and to require the carrying out of any or all such covenants and <br />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 of the <br />occurrence of an Event of Default, but in no event later than five Business Days following <br />becoming aware of such occurrence, the Trustee shall give notice of such Event of Default to <br />the City by telephone confirmed in writing. Such notice must also state whether the principal of <br />the Bonds has been declared to be or have immediately become due and payable as provided <br />in Section 8.02(a). With respect to any Event of Default described in Section 8.01(a) or (b), the <br />Trustee shall, and with respect to any Event of Default described in Section 8.01(c) the Trustee <br />in its sole discretion may, also give such notice to the Bond Owners in the same manner as <br />provided herein for notices of redemption of the Bonds, which must include the statement that <br />23 <br />
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