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55A - RESO - GAS TAX BONDS
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11/05/2019
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55A - RESO - GAS TAX BONDS
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Last modified
10/30/2019 12:55:49 PM
Creation date
10/30/2019 11:40:51 AM
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City Clerk
Doc Type
Agenda Packet
Agency
Finance & Management Services
Item #
55A
Date
11/5/2019
Destruction Year
2024
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No remedy by the terms of this Indenture conferred upon or reserved to the Trustee (or to <br />the Bond Owners) is intended to be exclusive of any other remedy, but each and every such <br />remedy shall be cumulative and shall be in addition to any other remedy given to the Trustee or <br />to the Bond Owners hereunder or now or hereafter existing at law or in equity. <br />No delay or omission to exercise any right or power accruing upon any Event of Default <br />shall impair any such right or power or shall be construed to be a waiver of any such Event of <br />Default or acquiescence therein; such right or power may be exercised from time to time as often <br />as may be deemed expedient. <br />SECTION 8.04 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 <br />request of the Owners of a majority in principal amount of the Series 2019 Bonds then <br />Outstanding, it shall have full power, in the exercise of its discretion for the best interests of the <br />Owners of the Series 2019 Bonds, with respect to the continuance, discontinuance, withdrawal, <br />compromise, settlement or other disposal of such action; provided, however, that the Trustee <br />shall not, unless there no longer continues an Event of Default, discontinue, withdraw, <br />compromise or settle, or otherwise dispose of any litigation pending at law or in equity, if at the <br />time there has been filed with it a written request signed by the Owners of a majority in principal <br />amount of the Outstanding Series 2019 Bonds hereunder opposing such discontinuance, <br />withdrawal, compromise, settlement or other disposal of such litigation. Any suit, action or <br />proceeding which any Owner of Series 2019 Bonds shall have the right to bring to enforce any <br />right or remedy hereunder may be brought by the Trustee for the equal benefit and protection of <br />all Owners of Series 2019 Bonds similarly situated and the Trustee is hereby appointed (and the <br />successive respective Owners of the Series 2019 Bonds issued hereunder, by taking and holding <br />the same, shall be conclusively deemed so to have appointed it) the true and lawful attorney -in - <br />fact of the respective Owners of the Series 2019 Bonds for the purpose of bringing any such suit, <br />action or proceeding and to do and perform any and all acts and things for and on behalf of the <br />respective Owners of the Series 2019 Bonds as a class or classes, as may be necessary or <br />advisable in the opinion of the Trustee as such attorney -in -fact. <br />SECTION 8.05 Appointment of Receivers. Upon the occurrence of an Event of Default <br />hereunder, and upon the filing of a suit or other commencement of judicial proceedings to <br />enforce the rights of the Trustee and of the Bond Owners under this Indenture, the Trustee shall <br />be entitled, as a matter of right, to the appointment of a receiver or receivers of the Gas Tax <br />Revenues and other amounts pledged hereunder, pending such proceedings, with such powers as <br />the court making such appointment shall confer. <br />SECTION 8.06 Non -Waiver. Nothing in this Article VIII or in any other provision of this <br />Indenture, or in the Series 2019 Bonds, shall affect or impair the obligation of the City, which is <br />absolute and unconditional, to pay the interest on and principal of the Series 2019 Bonds to the <br />respective Bond Owners at the respective dates of maturity, as herein provided, out of the Gas <br />Tax Revenues and other moneys herein pledged for such payment. <br />A waiver of any default or breach of duty or contract by the Trustee or any Bond Owners <br />shall not affect any subsequent default or breach of duty or contract, or impair any rights or <br />55394.00055\32329348.3 554 53 <br />
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