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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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interest on the Bonds will cease to accrue from and after the date, if any, on which the Trustee <br />declares the 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 date). <br />SECTION 8.04. Application of Funds Upon Event of Default. All of the sums in the <br />funds and accounts established and held by the Trustee hereunder upon the occurrence of an <br />Event of Default, and all sums thereafter received by the Trustee hereunder, shall be applied by <br />the Trustee as follows and in the following order: <br />(a) First, to the payment of any fees, costs and expenses incurred by the <br />Trustee to protect the interests of the Owners of the Bonds; payment of the <br />fees, costs and expenses of the Trustee (including fees and expenses of <br />its counsel, including any allocated costs of internal counsel) incurred in <br />and about the performance of its powers and duties under this Indenture <br />and the payment of all fees, costs and expenses owing to the Trustee <br />under Section 6.06, together with interest on all such amounts advanced by <br />the Trustee at the maximum rate permitted by law. <br />(b) Second, to the payment of the whole amount then owing and unpaid upon <br />the Bonds for interest and principal, with interest on such overdue amounts <br />at the respective rates of interest borne by those Bonds, and in case such <br />moneys are insufficient to pay in full the whole amount so owing and <br />unpaid upon the Bonds, then to the payment of such interest, principal and <br />interest on overdue amounts without preference or priority among such <br />interest, principal and interest on overdue amounts ratably to the aggregate <br />of such interest, principal and interest on overdue amounts. <br />SECTION 8.05. Power of Trustee to Control Proceedings. If the Trustee, upon the <br />happening of an Event of Default, takes any action, by judicial proceedings or otherwise, in the <br />performance of its duties hereunder, whether upon its own discretion, with the consent or upon <br />the request of the Owners of a majority in aggregate principal amount of the Bonds then <br />Outstanding, it has full power, in the exercise of its discretion for the best interests of the <br />Owners of the Bonds, with respect to the continuance, discontinuance, withdrawal, <br />compromise, settlement or other disposal of such action. The Trustee may not, unless there no <br />longer continues an Event of Default, discontinue, withdraw, compromise or settle, or otherwise <br />dispose of any litigation pending at law or in equity, if at the time there has been filed with it a <br />written request signed by the Owners of a majority in principal amount of the Outstanding <br />Bonds hereunder opposing such discontinuance, withdrawal, compromise, settlement or other <br />disposal of such litigation. <br />SECTION 8.06. Limitation on Owners' Right to Sue. No Owner of a Bond has the right <br />to institute any suit, action or proceeding at law or in equity, for any remedy under or upon this <br />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 Bonds <br />then Outstanding have requested the Trustee in writing to exercise the <br />powers hereinbefore granted or to institute such action, suit or proceeding <br />in its own name; <br />24 <br />
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