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Item 10
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Vol. 1- City of Santa Ana Financing Authority (Police Admin. and Holding Facility)
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Item 10
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(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 therein, or if a court of competent jurisdiction shall approve a petition filed with or without the <br /> consent of the Authority seeking arrangement or reorganization under the federal bankruptcy laws or <br /> any other applicable law of the United States of America or any state therein, or if under the 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 /> Any moneys received by the Trustee pursuant to the Indenture, together with any moneys which upon <br /> the occurrence of an Event of Default are held by the Trustee in any of the funds and accounts hereunder (other <br /> than the Rebate Fund and other than moneys held for Bonds not presented for payment) shall, after payment of <br /> all fees and expenses of the Trustee, and the fees and expenses of its counsel, be applied as follows: <br /> First - To the payment of the persons entitled thereto of all installments of interest then due on <br /> the Bonds, in the order of the maturity of the installments of such interest and, if the amount available <br /> shall not be sufficient to pay in full any particular installment, then to the payment ratably, according to <br /> the amounts due on such installment, to the persons entitled thereto, without any discrimination or <br /> privilege; <br /> Second - To the payment of the persons entitled thereto of the unpaid principal of the <br /> premium, if any, on any of the Bonds which shall have become due (other than Bonds matured or <br /> called for redemption for the payment of which moneys are held pursuant to the provisions of the <br /> Indenture), in the order of their due dates and, if the amount available shall not be sufficient to pay in <br /> full the principal of and premium, if any, on such Bonds due on any particular date, then to the <br /> A-15 <br />
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