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Series 1994A
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Vol. 1- City of Santa Ana Financing Authority (Police Admin. and Holding Facility)
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Series 1994A
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(d) as a matter of right, have a receiver or receivers appointed for the <br /> Revenues and the issues, earnings, income, products and profits thereof, pending such <br /> proceedings, with such powers as the court making such appointment shall confer. <br /> SECTION 9.03. Effect of Discontinuance or Abandonment. In case any <br /> proceeding taken by the Trustee on account of any default shall have been discontinued or <br /> abandoned for any reason, or shall have been determined adversely to the Trustee, then and <br /> in every such case the Authority, the Trustee and the Owners shall be restored to their <br /> former positions and rights under this Indenture, respectively, and all rights, remedies and <br /> powers of the Trustee shall continue as though no such proceeding had been taken. <br /> SECTION 9.04. Rights of Owners. Anything in this Indenture to the <br /> contrary notwithstanding, subject to the limitations and restrictions as to the rights of the <br /> Owners in Sections 9.01, 9.02 and 9.05, upon the happening and continuance of any Event <br /> of Default, the Owners of not less than twenty-five percent (25%) in aggregate principal <br /> amount of Bond Obligation shall have the right, upon providing the Trustee security and <br /> indemnity reasonably satisfactory to it against the costs, expenses and liabilities to be <br /> incurred therein or thereby, by an instrument in writing executed and delivered to the <br /> Trustee, to direct the method and place of conducting all remedial proceedings to be taken <br /> by the Trustee under this Indenture. <br /> The Trustee may refuse to follow any direction that conflicts with law or this <br /> Indenture or that the Trustee determines is prejudicial to rights of other Owners or would <br /> subject the Trustee to personal liability. <br /> • <br /> SECTION 9.05. Restriction on Owners' Action. In addition to the other <br /> restrictions on the rights of Owners to request action upon the occurrence of an Event of <br /> Default and to enforce remedies set forth in this Article DC, no Owner of any of the Bonds <br /> shall have any right to institute any suit, action or proceeding in equity or at law for the <br /> enforcement of any trust under this Indenture, or any other remedy under this Indenture or <br /> on said Bonds, unless such Owner previously shall have given to the Trustee and the Bond <br /> Insurer written notice of an Event of Default as hereinabove provided and unless the <br /> Owners of not less than twenty-five percent (25%) in aggregate principal amount of Bond <br /> Obligation shall have made a written request of the Trustee to institute any such suit, <br /> action, proceeding or other remedy, after the right to exercise such powers or rights of <br /> action, as the case may be, shall have accrued, and shall have afforded the Trustee a <br /> reasonable opportunity either to proceed to exercise the powers in this Indenture granted, or <br /> to institute such action, suit or proceeding in its or their name; nor unless there also shall <br /> have been offered to the Trustee security and indemnity satisfactory to it against the costs, <br /> expenses and liabilities to be incurred therein or thereby, and the Trustee shall not have <br /> complied with such request within a reasonable time; and such notification, request and <br /> offer of indemnity are hereby declared in every such case, at the option of the Trustee, <br /> to be conditions precedent to the execution of the trusts of this Indenture or for any other <br /> remedy under this Indenture; it being understood and intended that no one or more Owners <br /> of the Bonds secured by this Indenture shall have any right in any manner whatever by his <br /> w1-63221.5 52 <br />
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