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10A Action Items 2017 1218
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10A Action Items 2017 1218
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12/13/2017 11:33:34 AM
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12/13/2017 11:33:30 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
Document Date (6)
12/18/2017
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OB Reso 2017-06 Refunding Bonds
(Reference)
Path:
\City Clerk\Successor Agency Oversight Board
SA Reso 2017-008
(Reference)
Path:
\City Clerk\City Council\Resolutions\2017
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<br />-44- <br />only to the extent that principal and any accrued, but unpaid, interest on the Bonds is actually <br />paid on such date). <br /> <br />This provision, however, is subject to the condition that if, at any time after the principal of <br />the Bonds shall have been so declared due and payable, and before any judgment or decree for <br />the payment of the moneys due shall have been obtained or entered, the Successor Agency shall <br />deposit with the Trustee a sum sufficient to pay all principal on the Bonds matured prior to such <br />declaration and all matured installments of interest (if any) upon all the Bonds, with interest on <br />such overdue installments of principal and interest (to the extent permitted by law), and the <br />reasonable fees and expenses of the Trustee, (including the allocated costs and disbursements <br />of its in-house counsel to the extent such services are not redundant with those provided by <br />outside counsel) and any and all other defaults known to the Trustee (other than in the payment <br />of principal of and interest on the Bonds due and payable solely by reason of such declaration) <br />shall have been made good or cured to the satisfaction of the Trustee or provision deemed by the <br />Trustee to be adequate shall have been made therefor, then, and in every such case, the Trustee <br />shall promptly give written notice of the foregoing to the Owners of all Bonds then Outstanding, <br />and the Owners of at least a majority in aggregate principal amount of the Bonds then <br />Outstanding, by written notice to the Successor Agency and to the Trustee, may, on behalf of the <br />Owners of all of the Bonds, rescind and annul such declaration and its consequences. However, <br />no such rescission and annulment shall extend to or shall affect any subsequent default, or shall <br />impair or exhaust any right or power consequent thereon. <br /> <br />Section 8.02. Application of Funds Upon Acceleration. All of the Tax Revenues and all <br />sums in the funds and accounts established and held by the Trustee hereunder upon the date of <br />the declaration of acceleration as provided in Section 8.01, and all sums thereafter received by <br />the Trustee hereunder, shall be applied by the Trustee in the following order upon presentation <br />of the several Bonds, and the stamping thereon of the payment if only partially paid, or upon the <br />surrender thereof if fully paid: <br /> <br />First, to the payment of the fees, costs and expenses of the Trustee in declaring <br />such Event of Default and in exercising the rights and remedies set forth in this Article VIII, <br />including reasonable compensation to its agents, attorneys (including the allocated costs <br />and disbursements of its in-house counsel to the extent such services are not redundant <br />with those provided by outside counsel) and counsel and any outstanding fees, expenses <br />of the Trustee; and <br /> <br />Second, to the payment of the whole amount then owing and unpaid upon the <br />Bonds for principal and interest, with interest on the overdue principal and installments of <br />interest at the net effective rate then borne by the Outstanding Bonds (to the extent that <br />such interest on overdue installments of principal and interest shall have been collected), <br />and in case such moneys shall be insufficient to pay in full the whole amount so owing <br />and unpaid upon the Bonds, then to the payment of such principal and interest without <br />preference or priority of principal over interest, or interest over principal, or of any <br />installment of interest over any other installment of interest, ratably to the aggregate of <br />such principal and interest. <br /> <br />Section 8.03. Power of Trustee to Control Proceedings. In the event that the Trustee, <br />upon the happening of an Event of Default, shall have taken any action, by judicial proceedings <br />or otherwise, pursuant to its duties hereunder, whether upon its own discretion or upon the request <br />of the Owners of a majority in principal amount of the Bonds then Outstanding, it shall have full <br />power, in the exercise of its discretion for the best interests of the Owners of the Bonds, with <br />470
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