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Item 9 Preliminary Official Statment Dated February 25, 1994
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Item 9 Preliminary Official Statment Dated February 25, 1994
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Default <br /> The following are events of default under the Indenture: <br /> (a) default in the due and punctual payment of the interest on any Bond when and as the <br /> same shall become due and payable; <br /> (b) default in the due and punctual payment of the principal of or redemption premium, if <br /> any, on any Bond when and as the same shall become due and payable, whether at maturity as therein <br /> expressed or by proceedings for redemption; <br /> (c) default by the Authority in the performance of any of the other agreements or <br /> covenants required herein to be performed by the Authority, and such default shall have continued for a <br /> period of thirty (30) days after the Authority shall have been given notice in writing of such default by <br /> the Trustee; or <br /> (d) if the Authority shall file a petition or answer seeking arrangement or reorganization <br /> under the federal bankruptcy laws or any other applicable law of the United States of America or any <br /> state or if a court of competent ompetent jurisdiction shall approve <br /> a <br /> consent of the Authority seeking arrangement or reorganization under <br /> federal filed with o lawsa the <br /> g der the bankruptcy <br /> any other applicable law of the United States of America or any state therein, or if under th provisions <br /> of any other law for the relief or aid of debtors any court of competent jurisdiction shall assume <br /> custody or control of the Authority or of the whole or any substantial part of its property. <br /> Upon the happening and continuance of any Event of Default, the Trustee in its discretion may, and at <br /> the written request of the Owners of not less than twenty-five percent (25%) in aggregate principal amount of <br /> Bonds Outstanding shall, do the following: <br /> (a) by mandamus, or other suit, action or proceeding at law or in equity, enforce all <br /> rights of the Owners and require the Authority to enforce all rights of the Owners of Bonds, including <br /> the right to require the Authority to receive and collect Revenues and to enforce its rights under the <br /> Lease, and to require the Authority to carry out any other covenant or agreement with Owners of Bonds <br /> and to perform its duties hereunder; <br /> (b) bring suit upon the Bonds; <br /> (c) by action or suit in equity enjoin any acts or things which may be unlawful or in <br /> violation of the rights of the Owners; and <br /> (d) as a matter of right, have a receiver or receivers appointed for the Revenues and the <br /> issues, earnings, income, products and profits thereof, pending such proceedings, with such powers as <br /> the court making such appointment shall confer. <br /> Notwithstanding the above, subject to the limitations and restrictions to the right of the owners in the <br /> Indenture, upon the happening and continuance of any Event of Default, the Owners of not less than twenty-five <br /> percent (25%) in aggregate principal amount of the Bond Obligation shall have the right, upon providing the <br /> Trustee security and 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 Trustee, to direct the <br /> method and place of conducting all remedial proceedings taken by the Trustee under the Indenture. The Trustee <br /> may refuse to follow any such direction that conflicts with law or the Indenture or that the Trustee determines is <br /> prejudicial to rights of other Owners or would subject the Trustee to personal liability. <br /> A-15 <br />
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