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Item 38 - Water Revenue Bonds
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Item 38 - Water Revenue Bonds
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5/30/2024 4:20:09 PM
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5/29/2024 6:13:54 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Finance & Management Services
Item #
38
Date
6/4/2024
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principal amount of all Series of Parity Installment Obligations Outstanding, voting collectively <br />as a single class, by notice in writing to the City, declare the entire unpaid principal amount thereof <br />and the accrued interest thereon to be due and payable immediately, and upon any such declaration <br />the same shall become immediately due and payable, anything contained herein to the contrary <br />notwithstanding; provided, that with respect to a Series of Parity Installment Obligations supported <br />by a Credit Support Instrument, acceleration shall not be effective unless the declaration is <br />consented to by the related Credit Provider. This subsection however, is subject to the condition <br />that if at any time after the entire principal amount of all Series of Parity Installment Obligations <br />and the accrued interest thereon shall have been so declared due and payable and before any <br />judgment or decree for the payment of the moneys due shall have been obtained or entered, the <br />City shall deposit with the Authority a sum sufficient to pay the unpaid principal amount of all <br />such Series of Parity Installment Obligations and the unpaid payments of any other Parity <br />Obligations referred to in clause (1) above due prior to such declaration and the accrued interest <br />thereon, with interest on such overdue installments at the rate or rates applicable thereto in <br />accordance with their terms, and the reasonable expenses of the Authority, and any and all other <br />defaults known to the Authority (other than in the payment of the entire principal amount of the <br />unpaid Parity Installment Obligations and the accrued interest thereon due and payable solely by <br />reason of such declaration) shall have been made good or cured to the satisfaction of the Authority <br />or provision deemed by the Authority to be adequate shall have been made therefor, then and in <br />every such case the Authority, by written notice to the City, may rescind and annul such declaration <br />and its consequences; but no such rescission and annulment shall extend to or shall affect any <br />subsequent default or shall impair or exhaust any right or power consequent thereon. <br />SECTION 8.02. Application of Net System Revenues Upon Acceleration. Subject to <br />the provisions of any Issuing Instrument, all Net System Revenues received after the date of the <br />declaration of acceleration by the Authority as provided in Section 8.01 shall be applied as set <br />forth in such Issuing Instrument. <br />SECTION 8.03. Other Remedies of the Authority. The Authority shall have the right, <br />subject to receipt of consent from any Credit Provider with respect to a particular Series of Parity <br />Installment Obligations— <br />(a) by mandamus or other action or proceeding or suit at law or in equity to <br />enforce its rights against the City or any councilmember, officer or employee thereof, and <br />to compel the City or any such councilmember, officer or employee to perform and carry <br />out its or his duties under the Law and the agreements and covenants required to be <br />performed by it or him contained herein; <br />(b) by suit in equity to enjoin any acts or things which are unlawful or violate <br />the rights of the Authority; or <br />(c) by suit in equity upon the happening of an Event of Default to require the <br />City and its councilmembers, officers and employees to account as the trustee of an express <br />trust. <br />SECTION 8.04. Non -Waiver. Nothing in this article or in any other provision hereof <br />shall affect or impair the obligation of the City, which is absolute and unconditional, to pay the <br />25 <br />55394.00068\42092413.3 <br />
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