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Agmt15 City of RWC Public Financing Authority Water Revenue Refunding Bonds
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Agmt15 City of RWC Public Financing Authority Water Revenue Refunding Bonds
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Last modified
7/29/2015 1:24:41 PM
Creation date
7/29/2015 1:19:49 PM
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Agreement
Contractor Name
City of RWC Public Financing Authority
PROJECT NAME
City of RWC Public Financing Authority Water Revenue Refunding Bonds
RMP File Number
505
Date
5/1/2015
Reso Ref
15401, PFA 15-02
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. . . <br /> The Trustee shall notify the Authority promptly of any default under Section 6.01(a) <br /> hereof. Upon the occurrence of an Event of Default hereunder, the Trustee may declare the <br /> principal and interest with respect to all such Bonds immediately due and payable and such <br /> principal and interest shall thereupon be due and payable immediately. The Trustee shall apply <br /> amounts on deposit in the funds and accounts in accordance with Section 6.07 hereof. <br /> This provision, however, is subject to the condition that, except with respect to an Event <br /> of Default under subsection (cj above, if at any time after such Outstanding principal amount of <br /> the Bonds and the accrued interest thereon shall have been so declared due and payable and <br /> before the acceleration date or the date of any judgment or decree for the payment of the <br /> money due shall have been obtained or entered, the Authority shall deposit with the Trustee a <br /> sum sufficient to pay such amount due prior to such date and the accrued interest thereon, with <br /> interest on such overdue payments at the rate on such Bonds, and the reasonable fees and <br /> expenses of the Trustee, including those of its attorneys, and any and all other defaults known <br /> to the Authority (other than in the payment of such principal amount of the Bonds and the <br /> accrued interest thereon due and payable solely by reason of such declaration) shall have been <br /> made good or cured to the satisfaction of the Trustee or provision deemed by the Trustee to be <br /> adequate shall have been made therefor, then and in every such case the Trustee, by written <br /> notice to the Authority, may rescind and annul such declaration and its consequences; but no <br /> 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 /> Section 6.02. Other Remedies of the T�ustee. The Trustee may, subject to the receipt <br /> of indemnity as provided herein: <br /> (a) by mandamus or other action or proceeding or suit at law or in equity <br /> enforce its rights against the Authority, or any board member, officer or employee <br /> thereof, and compel the Authority or any such board member, officer or employee to <br /> perform and carry out its or his or her duties under applicable law and the agreements <br /> and covenants contained herein required to be performed by it or him; <br /> (b) by suit in equity enjoin any acts or things which are unlawful or violate the <br /> rights of the Trustee or the Bondowners hereunder; <br /> (c) intervene in judicial proceedings that affect the Bonds or the security <br /> therefor or hereunder; or <br /> (d) by suit in equity upon the happening �f an Event of Default require the <br /> Authority and its ofFcers and employees to account as the trustee of an express trust. <br /> Section 6.03. Non-Waive�. A waiver of any default or breach of duty or contract by the <br /> Trustee, or the Owners shall not affect any subsequent default or breach of duty or contract or <br /> impair any rights or remedies on any such subsequent default or breach of duty or contract. No <br /> delay or omission by the Trustee or the Owners to exercise any right or remedy accruing upon <br /> any default or breach of duty or contract shall impair any such right or shall be construed to be a <br /> waiver of any such default or breach of duty or contract or an acquiescence therein, and every <br /> right or remedy conferred upon the Trustee or the Owners by law or by this Article may be <br /> enforced and exercised from time to time and as often as shall be deemed expedient by the <br /> Trustee. <br /> 31 <br />
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