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82-051
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82-051
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Last modified
1/3/2012 12:33:20 PM
Creation date
6/26/2003 10:46:53 AM
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City Clerk
Doc Type
Resolution
Doc #
82-51
Date
4/19/1982
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ARTICLE VII <br /> <br />EVENTS OF DEFAULT AND REMEDIES OF BANK <br /> <br /> Section 7.01. Events of Default and Acceleration of Maturities. If one <br />or more of the following events ("events of default") shall happen, that is to <br />say <br /> <br /> (a) if default shall be made in the due and punctual payment of <br />the principal or any installment of interest on the Note when and as the same <br />shall become due and payable, whether at maturity as therein expressed, by <br />declaration or otherwise; <br /> <br /> (b) if default shall be made by the City in the observance of any <br />of the covenants, agreements or conditions on its part in this Resolution or <br />in the Note contained, and such default shall have continued for a period of <br />sixty {60) days after written notice thereof, specifying such default and <br />requiring the same to be remedied, shall have been given to the City by the <br />Bank; or <br /> <br /> (c) if an event of default (as defined in Section 6.01 of the <br />Agreement) has occurred under the Agreement and is continuing; <br /> <br />then, and in each and every such case during the continuance of such event of <br />default, the Bank may, by notice in writing to the City declare the principal <br />of the Note then Outstanding, and the interest accrued thereon, to be due and <br />payable immediately, and upon any such declaration the same shall become and <br />shall be immediately due and payable, anything in this Resolution or in the <br />Note contained to the contrary notwithstanding. <br /> <br /> This provision, however, is subject to the condition that if, at any <br />time after the principal of the Note shall have been so declared due and <br />payable, and before any judgment or decree for the payment of the monies due <br />and payable shall have been obtained or entered, there shall have been <br />deposited with the Bank a sum sufficient to pay all principal on the Note <br />matured prior to such declaration and all matured installments of interest (if <br />any) upon the Note, with interest on such overdue installments of principal at <br />the rates borne by the Note, and the reasonable expenses of the Bank, and any <br />and all other defaults known to the Bank (other than in the payment of <br />principal of and interest on the Note due and payable solely by reason of such <br />declaration) shall have been made good or cured to the satisfaction of the <br />Bank or, provision deemed by the Bank,to be adequate shall have been made <br />therefor, then, and in every such case, the Bank may, rescind and annul such <br />declaration and its consequences. However, no such rescission and annulment <br />shall extend to or shall affect any subsequent default, or shall impair or <br />exhaust any right or power consequent thereon. <br /> <br /> Section 7.02. Application of Funds Upon Acceleration. All money in the <br />funds and accounts provided for in Section 3.03 and 4.02 upon the date of the <br /> <br />16 <br /> <br /> <br />
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