1978-10 CRA - Laserfiche WebLink

Home Browse Search

'-' 2/28/78 - Agency, and the Fiscal Agent assumes no responsibility for the correctness of the same, and makes no representations as to the validity or sufficiency of this resolution or of the Bonds or coupons, and shall incur no responsibility in respect thereof, other than in connection with the duties or obligations herein or in the Bonds assigned to or imposed upon the Fiscal Agent. The Fiscal Agent shall not be liable in connection with the performance of its duties hereunder, except for its own negligence or default. The Agency shall, during the life of the Bonds, provide for Paying Agents, at least one in Chicagn, D1inois, and at least one in New York, New York, at the office of which the Bonds and coupons are payable at the option of the holder. ~ Section 24. Lost, Destroyed, or Mutilated Bouds. In the event that any Bond or any interest coupoo pertaining thereto is lost, stolen, destroyed or mutilated, the Agency will cause to be issued a new Bond or coupon simi1ar to the original to replace the same in such manner and upon such reasonable terms and conditions, including the payment of costs' and the posting of a surety bond if the Agency deems such surety bonds necessary, as may from time to time be determined and prescribed by resolu- tion. The Agency may authorize such new Bond or coupon or coupons to be signed and authenticated in such manner as it determines in said resolution. . Section 25. Caueellatlon of Bonds. All Bonds and coupons surrendered to the Fiscal Agent .or any Paying Agent for payment upon maturity or for redemption shall upon payment therefor be cancelled immediately and forthwith transmitted to the Treasurer. All of the cancelled bonds and interest coupons sball remain in the custody of the Treasurer until destroyed pursuant to authorization. . Section 26. Amendmeuts Without Consent of Bondholders. The Agency may, from time to time and at any time, adopt such resolutions supplemental hereto as shall not be inconsistent with the terms and provisions hereof (which supplemental resolutions shall thereafter form a part hereof). (a) to cure any ambiguity or formal defect or omission in this resolution or in any supple- mental resolution, or (b) to grant or to confer upon the Fiscal Agent for the benefit of the bondholders any additional rights, remedies, powen, authority or security that may lawfully be granted to or conferred upon the bondholden or the Fiscal Agent, or (c) to add additional covenants or agreements of the Agency, or (d) to provide for the issuance of additional bonds in conformity with this resolution. Section 27. Ameudments with Conseut of Bondholders. The resolution, and the rights and obligations of the Agency and of the holden of the Bonds and coupons issued hereunder, may be modified or amended at any time by supplemental resolution adopted by the Agency with the consent of bond- holden holding at least 60% in aggregate principal amount of the outstanding Bonds, exclusive of Bonds, if any, owned by the Agency or the City of Santa Ana, and obtained as hereinafter set forth; provided, however, that no such modification or amendment sball, without the express consent of the holder or registered owner of the Bond aftected, reduce the principal amount of any Bond, reduce the interest rate payable thereon, advance the earliest redemption date, reduce the premium payable upon redemption thereof, extend its maturity or the times for paying interest thereon or change the monetary medium in which principal and interest is payable, nor shall any such modification or amendment reduce the percentage of consent required for amendment or modification. Any act done pursuant to a modification or amendment so consented shall be binding upon the holden of all the Bonds and interest coupons, whether such coupons be attached to Bonds or detached therefrom, and shall not be deemed an infringement of any of the provisions of this resolution or of said . 14