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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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(c) the City shall file a petition seeking azrangement or reorganization under <br /> federal bankruptcy laws or any other applicable law of the United States of America or any state <br /> therein, or if a court of competent jurisdiction shall approve a petition filed with the consent of <br /> the City seeking arrangement or reorganization under the federal bankruptcy laws or any other <br /> applicable law of the United States of America or any state therein, or if under the provisions of <br /> any other law for the relief or aid of debtors any court of competent jurisdiction shall assume <br /> custody or control of the City or of the whole or any substantial part of its property; or <br /> (d) an event of default shall have occuned with respect to any Parity <br /> Obligations; <br /> then and in each and every such case during the continuance of such Event of Default the <br /> Authority may, by notice in writing to the City declaze the principal amount of the unpaid <br /> Installment Payments to be due and payable immediately, and upon any such declaration the <br /> same shall become immediately due and payable, anything contained herein to the contrary <br /> notwithstanding_ <br /> This provision, however, is subject to the condition that, except with respect to an <br /> Event of Default under subsection (c) above, if at any time after such principal amount of the <br /> unpaid Installment Payments shall have been so declared due and payable and before the <br /> acceleration date or the date of any judgment or decree for the payment of the money due shall <br /> have been obtained or entered, the City shall deposit with the Trustee a sum sufficient to pay <br /> such unpaid principal amount of the Installment Payments due prior to such date, with any <br /> interest due on such overdue installments, and the reasonable expenses of the Authority and the <br /> Trustee, and any and all other defaults known to the Authority(other than in the payment of such <br /> . principal amount of the unpaid Installment Payments due and payable solely by reason of such <br /> declaration) shall have been made good or cured to the satisfaction of the Authority or provision <br /> deemed by the Authority to be adequate shall have been made therefor, then and in every such <br /> case the Authority, by written notice to the City, may rescind and annul such declazation and its <br /> consequences; but no such rescission and annulment shall extend to or shall affect any <br /> subsequent default or shall impair or exhaust any right or power consequent thereon. <br /> Section 7.02. Anplication of Funds Uvon Acceleration <br /> All moneys and investments in the funds and accounts held hereunder and under <br /> the Indenture(othei than the Rebate Fund, if any) upon the date of the declaration of acceleration <br /> as provided in Section 7.01 and all Gross Revenues thereafter received shall be applied as <br /> provided for in the Indenture. <br /> Section 7.03. Other Remedies of the Authoritv ' <br /> The Authority may-- <br /> (a) by mandamus or other action or proceeding or suit at law or in equity <br /> enforce its rights against the City,or any board member, officer or employee thereof,and compel <br /> the City or any such board member, officer or employee to perform and carry out its or his duties <br /> 24 <br /> 338529_I.DOC <br />
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