My WebLink
|
Help
|
About
|
Sign Out
Home
10B Action 2014 0616
CityHall
>
City Clerk
>
City Council
>
Agenda Packets
>
2014
>
Packet 2014 0616
>
10B Action 2014 0616
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
6/30/2014 10:00:25 AM
Creation date
6/11/2014 10:56:24 AM
Metadata
Fields
Template:
CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
6/16/2014
Retention
PERM
Document Relationships
PowerPoint 10B Action 2014 0616 Tax Allocation Bonds
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2014\Packet 2014 0616
SA Reso 2014-002
(Reference)
Path:
\City Clerk\City Council\Resolutions\2014
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
93
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
Download electronic document
View images
View plain text
-46- <br />request of the Owners of a majority in principal amount of the Bonds then Outstanding, it shall <br />have full power, in the exercise of its discretion for the best interests of the Owners of the <br />Bonds, with respect to the continuance, discontinuance, withdrawal, compromise, settlement or <br />other disposal of such action; provided, however, that the Trustee shall not, unless there no <br />longer continues an Event of Default, discontinue, withdraw, compromise or settle, or otherwise <br />disposeof 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 Bonds <br />hereunder opposing such discontinuance, withdrawal, compromise, settlementor other disposal <br />of such litigation. <br />Section 8.04. Limitation on Owner's Right to Sue. No Owner of any Bond issued <br />hereunder shall have the right to institute any suit, action or proceeding at law or in equity, for <br />any remedy under or upon this Indenture, unless (a) such Owner shall have previously given to <br />the Trustee written notice of the occurrence of an Event of Default; (b) the Owners of a majority <br />in aggregate principal amountofall the Bonds then Outstandingshall have made written <br />request upon the Trustee to exercise the powers hereinbefore granted or to institute such <br />action, suit or proceeding in its own name; (c) said Owners shall have tendered to the Trustee <br />indemnity reasonably acceptable to the Trustee against the costs, expenses and liabilities to be <br />incurred in compliance with such request; and (d) the Trustee shall have refused or omitted to <br />comply with such request for a period of sixty (60) days after such written request shall have <br />been received by, and said tender of indemnity shall have been made to, the Trustee. <br />Such notification, request, tender of indemnity and refusal or omission are hereby <br />declared, in every case, to be conditions precedent to the exercise by any Owner of any remedy <br />hereunder; it being understood and intended that no one or more Owners shall have any right in <br />any manner whatever by his or their action to enforce any right under this Indenture, except in <br />the manner herein provided, and that all proceedings at law or in equity to enforce any provision <br />of this Indenture shall be instituted, had and maintained in the manner herein provided and for <br />the equal benefit of all Owners of the Outstanding Bonds. <br />The right of any Owner of any Bond to receive payment of the principal of and interest <br />on such Bond as herein provided, shall not be impaired or affected without the written consent <br />of such Owner, notwithstanding the foregoing provisions of this Section or any other provision of <br />this Indenture. <br />Section 8.05. Non-Waiver. Nothing in this Article VIII or in any other provision of this <br />Indenture or in the Bonds, shall affect or impair the obligation of the Successor Agency, which is <br />absolute and unconditional, to pay from the Tax Revenues and other amounts pledged <br />hereunder, the principal of and interest on the Bonds to the respective Owners on the respective <br />Interest Payment Dates, as herein provided, or affect or impair the right of action, which is also <br />absolute and unconditional, of the Owners or the Trustee to institute suit to enforce such <br />payment by virtue of the contract embodied in the Bonds. <br />A waiver of any default by any Owner or the Trustee shall not affect any subsequent <br />default or impair any rights or remedies on the subsequent default. No delay or omission of any <br />Owner to exercise any right or power accruing upon any default shall impair any such right or <br />power or shall be construed to be a waiver of any such default or an acquiescence therein, and <br />every power and remedy conferred upon the Owners and the Trustee by the Law or by this <br />Article VIII may be enforced and exercised from time to time and as often as shall be deemed <br />expedient by the Owners and the Trustee.
The URL can be used to link to this page
Your browser does not support the video tag.