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Full Book Entry on Countywide Public Financing Authority (1996)
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Countywide Vol. 1 Revenue Bonds (1996)
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Full Book Entry on Countywide Public Financing Authority (1996)
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(a) Default in the due and punctual payment of the principal of any Bonds when and as the <br /> same shall become due and payable, whether at maturity as tin the Indenture expressed, by <br /> proceedings for redemption,by acceleration,or otherwise. <br /> (b) Default in the due and punctual payment of any installment of interest on any Bonds when <br /> and as the same shall become due and payable. <br /> (c) Default by the Authority in the observance of any of the other covenants, agreements or <br /> conditions on its part in the Indenture or in the Bonds contained,if such default shall have continued for <br /> a period of sixty(60) days after written notice thereof,specifying such default and requiring the same to <br /> be remedied, shall have been given to the Authority by the Trustee; provided, however, that if in the <br /> reasonable opinion of the Authority the default stated in the notice can be corrected,but not within such <br /> sixty (60) day period, such default shall not constitute an Event of Default under the Indenture if the <br /> Authority shall commence to cure such default within such sixty (60) day period and thereafter <br /> diligently and in good faith cure such failure in a reasonable period of time. <br /> (d) The occurrence and continuation of an event of default under and as defined in any Lease <br /> Agreement. <br /> Remedies Upon Event of Default. Upon the occurrence and continuance of any Event of Default, <br /> then and in every such case the Trustee in its discretion may, and upon the written request of the <br /> Owners of not less than 25% in principal amount of the Bonds then Outstanding and receipt of <br /> indemnity to its satisfaction,and payment of its fees and expenses,including the fees and expenses of its <br /> counsel,shall in its own name and as the Trustee of an express trust: <br /> (a)by mandamus,or other suit, action or proceeding at law or in equity, enforce all rights of the <br /> Owners under, and require the Authority or the affected Member to carry out any agreements with or <br /> for the benefit of the Owners of Bonds and to perform its or their duties under the Act, the affected <br /> Lease Agreement, and the Indenture, provided that any such remedy may be taken only to the extent <br /> permitted under the applicable provisions of the affected Lease Agreement or the Indenture,as the case <br /> may be; <br /> (b) bring suit upon the Bonds; <br /> (c) by action or suit in equity require the Authority to account as if it were the trustee of an <br /> express trust for the Owners of Bonds;or <br /> (d)by action or suit in equity enjoin any acts or things which may be unlawful or in violation of <br /> the rights of the Owners of Bonds. <br /> Upon the occurrence of an Event of Default,the Trustee shall be entitled as a matter of right to <br /> the appointment of a receiver or receivers for the Leased Premises, and of the revenues, income, <br /> product, and profits thereof,ex parte,and without notice,and the Authority consents to the appointment <br /> of such receiver upon the occurrence of an Event of Default. In the case of any receivership,insolvency, <br /> bankruptcy, or other judicial proceedings affecting the Authority or the affected Member, the Trustee <br /> shall be entitled to file such proofs of claims and other documents as may be necessary or advisable in <br /> order to have the claims of the Trustee and the Bond Owners allowed in such proceedings, without <br /> prejudice, however, to the right of any Bond Owner to file a claim on his or her own behalf; provided, <br /> the Trustee shall be entitled to compensation and reimbursement for the reasonable fees and expenses <br /> of its counsel and indemnity for its reasonable expenses and liability from the Authority, the affected <br /> Member or the Bond Owners,as appropriate. <br /> Application of Revenues and Other Funds After Default. If an Event of Default shall occur and be <br /> continuing, all Revenues and any other funds then held or thereafter received by the Trustee under <br /> any of the provisions of the Indenture shall be applied by the Trustee as follows and in the following <br /> order: <br /> Appendix A <br /> Page 13 <br />
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