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Res13 15263
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Res13 15263
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Last modified
8/28/2013 12:22:50 PM
Creation date
5/23/2013 9:38:47 AM
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Template:
CC Index
CC Index - Document Type
Resolution
Meeting Type
Joint
Agency Type
City Council and Public Finance Authority
Date
5/20/2013
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existing in law or in equity or by statute or otherwise and may be exercised without exhausting <br /> and without regard to any other remedy conferred by any other law. <br /> Section 6.05. No Liability by the Trustee to the Owners. Except for the duty. of the <br /> Trustee to make payments of principal, redemption premiums and interest with respect to the <br /> Bonds from moneys received from the Authority, the Trustee will not have any obligation or <br /> liability to the Owners with respect to the payment when due of the principal of or interest on the <br /> Bonds, or with respect to the performance by the Authority of the other agreements and <br /> covenants required to be performed by it contained herein. <br /> Section 6.06. Limitation on Owners' Right to Brin� Suit. No Owner of any Bond shall <br /> have any right to institute any proceeding, judicial or otherwise, under or with respect to this <br /> Indenture or the Installment Purchase Contract, or for the appointment of a receiver or trustee or <br /> for any other remedy hereunder,at law or in equity,unless: <br /> (1) such Owner has previously given written notice to the Trustee of a <br /> continuing event of default; <br /> (2) the owners of not less than a majority in principal amount of the Bonds <br /> � Outstanding shall have made written request to the Trustee to institute proceedings in <br /> respect of such event of default in its own name as Trustee hereunder; <br /> (3) such Owner or Owners have offered to the Trustee reasonable indemnity, <br /> satisfactory to the Trustee, against the costs, expenses and liabilities to be incurred in <br /> compliance with such request; and <br /> (4) the Trustee for sixty (60) days after its receipt of such notice, request and <br /> offer of indemnity has failed to institute any such proceeding. <br /> It being understood and intended that no one or more Owners shall have any right in any manner <br /> whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or <br /> prejudice the lien of this Indenture or the rights of any other Owners or to obta.in or to seek to <br /> obtain priority or preference over any other Owners or to enforce any right under this Indenture, <br /> except in the manner herein provided and for the equal and ratable benefit of all Bonds. <br /> Notwithstanding the foregoing,the Owner of any Bond shall have the right which is absolute and <br /> unconditional to receive payment of interest on such Bond when due in accordance with the <br /> terms thereof and hereof and the principal of such Bond at the stated maturity thereof and to <br /> institute suit for the enforcement of any such payment in accordance with the provisions of this <br /> Indenture and such rights shall not be impaired without the consent of such Owner. <br /> Section 6.07. Anplication of Funds Upon Default. All monies received by the Trustee or <br /> by any receiver pursuant to any right given or action taken under the provisions of this Article VI <br /> shall, after payment of the reasonable costs and fees of, and the reasonable fees, expenses, <br /> liabilities and advances incurred or made by the Trustee (including fees and expenses of its <br /> attorneys and advisors),be deposited in the Payment Account and all moneys so deposited during <br /> the continuance of an Event of Default(other than moneys for the payment of Bonds which have <br /> -34- <br /> 338471 1.DOC <br />
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