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62-092
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Last modified
1/3/2012 12:36:51 PM
Creation date
6/26/2003 10:27:32 AM
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City Clerk
Doc Type
Resolution
Doc #
62-92
Date
5/18/1962
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Section 13. Lost, Stolen, Destroyed or Mutilated Bonds. In the event that any bond or any <br />interest coupon pertaining thereto is lost, stolen, destroyed or mutilated, the city will cause to <br />be issued a new bond or coupon similar to the original to replace the same in such manner and <br />upon such reasonable terms and conditions, including the payment of costs and the posting of a <br />surety bond ii the city deems such surety bond necessary, as may from time to time be determined <br />and prescribed by resolution. The city may authorize such new bond or coupon or coupons to be <br />signed and authenticated in such manner as it determines in said resolution. <br /> <br /> Section 14. Cancellation of Bonds. All bonds and coupons surrendered to the Director of <br />Finance or any paying agent of the city for payment upon maturity or for redemption shall <br />upon payment therefor be cancelled immediately and in the case of any paying agent said coupon <br />shall be forthwith transmitted to the Director of Finance. Any bonds purchased by the city as <br />authorized herein together with all unpaid coupons pertaining thereto shall be cancelled forthwith <br />and shall not be reissued. All of the cancelled bonds and interest coupons shall remain in the <br />custody of the Director of Finance until destroyed pursuant to due authorization. <br /> <br /> Section 15. Consent of Bondholders. The consents of bondholders provided for in this section <br />shall relate solely to the amendment, waiver or modification of the covenants specified in Section <br />12 hereof and shall not be effective to waive or modify any other provisions of this resolution <br />or any other proceedings for the issuance of said bonds. Any act relating to the amendment, waiver <br />or modification of any of the said covenants consented to by bondholders holding sixty-six per cent <br />(66°~) in aggregate principal amount of the outstanding bonds, exclusive of bonds, if any owned <br />by the city, shall be binding upon the holders of all of the bonds and interest coupons, whether <br />such coupons be attached to bonds or detached therefrom, and shall not be deemed an infringe- <br />ment of any of the provisions of this resolution, whatever the character of such act may be, and <br />may be done and performed as fully and freely as if expressly permitted by the terms of this <br />resolution, and after such consent relating to such specified matters has been given, no bondholder <br />or holder of any interest coupon, whether attached to a bond or detached therefrom, shall have <br />any right or interest to object to such action or in any manner to question the propriety thereof <br />or to enjoin or restrain the city or any officer thereof from taking any action pursuant thereto. <br /> <br /> Bondholders may consent by affirmative vote at a bondholders' meeting or may consent in <br />writing without a meeting, all as hereinafter provided. <br /> <br /> No such amendment, waiver or modification shall be made which will permit (a) a change in <br />the maturity or term of redemption of the principal of any bond or any installment of interest <br />thereon; (b) a reduction in the principal amount of or redemption price or redemption premium or <br />rate of interest upon any bond without the consent of the holder of such bond; or (c) a reduction <br />of the percentage of the principal amount of bonds the vote or consent of which is required to <br />effect any such amendment. <br /> <br /> (a) Calling Bondholders' Meeting. If the city shall desire to obtain any such consent it <br />may call a meeting of bondholders, by resolution, for the purpose of considering the action, <br />the consent to which is desired. <br /> <br /> (b) Notice of Meeting. Notice specifying the purpose, place, date and hour of such meet- <br />ing shall be published once in a financial newspaper or journal of national circulation pub- <br />lished in the City of New York, New York, not less than sixty (60) days and not more than <br />ninety (99) days prior to the date fixed for the meeting. Such notice shall set forth the nature <br />of the proposed action, consent to which is desired. If any of the bonds shall be so registered <br />as to be payable otherwise than to bearer, the Clerk shall, on or before the first publication <br />of such notice, mail a similar notice, postage prepaid, to the respective registered owners <br />thereof at their addresses appearing on the bond registry books. The place, date and hour <br /> <br />14 <br /> <br /> <br />
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