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AgdaPkt 2017-01-23 Closed and Joint
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AgdaPkt 2017-01-23 Closed and Joint
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Last modified
1/24/2017 10:22:46 AM
Creation date
1/19/2017 3:58:58 PM
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CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Joint
Agency Type
City Council and Successor Agency and Public Financing Authority
Date
1/23/2017
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<br />13 <br />prior written notice be open to inspection by the Authority; and, upon presentation for such <br />purpose, the Trustee shall, under such reasonable regulations consistent herewith as it may <br />prescribe, register or transfer or cause to be registered or transferred, on the Bond Register, <br />Bonds as herein before provided. <br /> <br />Section 2.08. Temporary Bonds. Pending preparation of the definitive Bonds, any <br />Bonds delivered under the Indenture may be initially delivered in temporary form exchangeable <br />for definitive Bonds when ready for delivery. The temporary Bonds may be printed, lithographed <br />or typewritten, shall be of such denominations as may be determined by the Authority, shall be <br />without coupons and may contain such reference to any of the provisions hereof as may be <br />appropriate. Every temporary Bond shall be authenticated by the Trustee and be delivered by <br />the Trustee upon the same conditions and in substantially the same manner as definitive Bonds. <br />If the Trustee delivers temporary Bonds, it shall authenticate and furnish definitive Bonds <br />without delay and, thereupon, the temporary Bonds shall be surrendered for cancellation at the <br />Principal Office of the Trustee and the Trustee shall deliver in exchange for such temporary <br />Bonds an equal aggregate principal amount of definitive Bonds of authorized denominations of <br />the same interest rate or rates and maturity or maturities. Until so exchanged, the temporary <br />Bonds shall be entitled to the same benefits under the Indenture as definitive Bonds delivered <br />pursuant hereto. <br /> <br />Section 2.09. Bonds Mutilated, Destroyed, Lost or Stolen. If any Bond shall become <br />mutilated, the Trustee, at the expense of the Owner of said Bond, shall authenticate and deliver <br />a new Bond of like tenor in exchange and substitution for the Bond so mutilated, but only upon <br />surrender to the Trustee of the Bond so mutilated. Every mutilated Bond so surrendered to the <br />Trustee shall be canceled by it and destroyed or redelivered to, or upon the order of, the <br />Authority. If any Bond shall be lost, destroyed or stolen, evidence of such loss, destruction or <br />theft shall be submitted to the Trustee, and, if such evidence is satisfactory to the Trustee and if <br />an indemnity satisfactory to the Trustee shall be given, the Trustee, at the expense of the <br />Owner, shall authenticate and deliver a new Bond of like tenor and numbered as the Trustee <br />shall determine in lieu of and in substitution for the Bond so lost, destroyed or stolen.. The <br />Trustee may require payment of a reasonable fee for each new Bond delivered under this <br />Section and of the reasonable expenses which may be incurred by the Trustee in carrying out <br />the duties under this Section 2.09. Any Bond issued under the provisions of this Section in lieu <br />of any Bond alleged to be lost, destroyed or stolen shall be equally and proportionately entitled <br />to the benefits hereof with all other Bonds secured by the Indenture. The Trustee shall not be <br />required to treat both the original Bond and any replacement Bond as being Outstanding for the <br />purpose of determining the principal amount of Bonds which may be issued under the Indenture <br />or for the purpose of determining any percentage of Bonds Outstanding under the Indenture, but <br />both the original and replacement Bond shall be treated as one and the same. Notwithstanding <br />any other provision of this Section 2.09, in lieu of delivering a new Bond for a Bond which has <br />been mutilated, lost, destroyed or stolen and which has matured, the Trustee may make <br />payment of such Bond upon receipt of indemnification satisfactory to the Trustee. <br /> <br />Section 2.10. Evidence of Signatures of Bond Owners and Ownership of Bonds. <br />Any request, direction, consent, revocation of consent, or other instrument in writing required or <br />permitted by the Indenture to be signed or executed by Bond Owners may be in any number of <br />concurrent instruments of similar tenor, and may be signed or executed by such Bond Owners <br />in person or by their attorneys or agents appointed by an instrument in writing for that purpose. <br />Proof of the execution of any such instrument, or of any instrument appointing any such attorney <br />or agent, and of the holding and ownership of Bonds shall be sufficient for any purpose hereof <br />8.C. - Page 124
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