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1980-075 CRA
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1980-075 CRA
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Last modified
1/3/2012 12:23:08 PM
Creation date
3/8/2005 11:38:49 AM
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City Clerk
Doc Type
Resolution
Doc #
CRA 1980-75
Date
7/1/1980
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<br />. <br /> <br />. <br /> <br />. <br />. <br /> <br />. <br />. <br /> <br />',?'\)I¡"","""" <br /> <br />~Y'J""'" ,,', w" <br /> <br />(B) <br /> <br />In case at any time any of the following shall occur: <br /> <br />(a) The Trustee shall cease to be eligible and shall fail to <br />resign after written request therefor by the Agency or by any such Bondholder; <br />or <br /> <br />(b) The Trustee shall become incapable of acting, or shall <br />be adjudged a bankrupt or insolvent, or a receiver of the Trustee or of its <br />property shall be appointed, or any public officer shall take charge or <br />control of the Trus tee or of its property of affairs for the purpose of <br />rehabilitation, conservation or liquidation; then, in any such case, the <br />Agency may remove the Trustee and appoint a successor trustee to exercise the <br />duties of Trustee. Such removal and appointment shall be made by written <br />instrument, in duplicate, executed by order of the Agency, one copy of which <br />instrument shall be del ivered to the Trustee so removed and.-one copy to the <br />successor trustee. In addition, any Bondholder who has been a bona fide <br />Holder of a Bond or Bonds for at least six (6) months may, on behalf of <br />himself and all others similarly situated, petition any court of competent <br />jurisdiction for the removal of the Trustee and the appointment of a successor <br />trustee. Such court may thereupon, after such notice, if any, as it may deem <br />proper and prescribe, remove the Trustee and appoint a successor trustee, <br /> <br />(C) The Agency may appoint the Treasurer of the Agency to <br />exercise the duties of the Trustee if <br /> <br />(a) The Trustee or any successor trustee cannot legally <br />perform the duties required hereunder because of the occurreAce,of either of <br />the following, subsequent to the effective date of this Resolution: (i) the <br />enactment of any constitutional provision, or any law, rule or regulation of <br />any governmental agency having jurisdiction thereof, or (ii) any judicial <br />decision, whether or not involving this Resolution, which is applicable to <br />this Resolution and the trusteeship created hereunder; or <br /> <br />(b) The services of the Trustee or any successor trustee <br />cannot be obtained at a reasonable cost. Such reasonable, cost shall be <br />determined by comparing like costs charged by financial institutions similarly <br />situated in the United States performing duties of a comparable nature. <br /> <br />(0) The Holders of a majority in aggregate principal amount of <br />the Bonds at the time Outstanding may at any time remove the Trustee and <br />appoint a successor trustee; provided, however: <br /> <br />(a) <br />this Resolution; and <br /> <br />Such successor shall be eligible for appointment under <br /> <br />, (b) That, if the Agency objects to the successor trustee, it <br />may appoint a successor trustee to exercise the duties of Trustee provided <br />that such successor shall be eligible for appointment under this Resolution. <br /> <br />52 <br />
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