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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 />(2) If the principal of all of the Bonds shall have become due <br />and payable, to the payment of the principal and interest then due and unpaid <br />upon the Bonds without preference or priority of principal over interest or <br />interest over principal, or of any installment of interest over any other <br />installment of interest, or of any Bond over any other Bond, ratably, <br />according to the amounts due respectively for principal and interest, to the <br />persons entitled thereto without any discrimination or preference except as to <br />any difference in the respective rates of interest specified in the Bonds and <br />coupons. <br /> <br />Whenever moneys are to be applied by the Trustee pursuant to the <br />provisions of this Section, such moneys shall be applied by the Trustee at <br />such times, and from time to time, as the Trustee in its sole discretion shall <br />determine, having due regard to the amount of such moneys available for <br />application and the likelihood of additional money becoming available for such <br />application in the future; the deposit of such moneys with the Paying Agents, <br />or otherwise setting aside such moneys in trust for the proper purpose, shall <br />constitute proper application by the Trustee; and the Trustee shall incur no <br />liability whatsoever to the Agency, to any Bondholder, or to any other person <br />for any delay in applying any such moneys, so long as the Trustee acts with <br />reasonable diligence, having due regard for the circumstances, and ultimately <br />applies the same in accordance with such provisions of this Resolution as may <br />be applicable at the time of application by the Trustee. Whenever the Trustee <br />shall exercise such discretion in applying such moneys, it shall fix the date <br />(which shall be an Interest Payment Date unless the Trustee shall deem another <br />date more suitable) upon which such application is to be made and, upon such <br />date, interest on the amounts of principal to be paid on such date shall cease <br />to accrue. The Trustee shall give such notice as it may deem appropriate for <br />the fixing of any such date. The Trustee shall not be required to make <br />payment to the Holder of any unpaid coupon or any Bond unless. such coupon or <br />such Bond shall be presented to the Trustee for appropriate endorsement or for <br />cancellation, if fully paid. <br /> <br />1204. Termination of Proceedings. In case any proceeding taken by the <br />Trustee on account of any Event of Default shall have been discontinued or <br />abandoned for any reason, then, in every such case, the Agency, the Trustee <br />and the Holders of the Bonds shall be restored to their former positions and <br />rights hereunder, respectively, and all rights, remedies, powers and duties of <br />the Trustee shall continue as though no such proceeding had been taken. <br /> <br />1205. Bondholders' Direction of Proceedings. Anything in this <br />Resolution to the contrary notwithstanding, the Holders of a majority in <br />principal amount of the Bonds then Outstanding shall have the rights, by an <br />ins trument or concurrent instruments in wr it ing executed and delivered to the <br />Trustee, to direct the method of conducting all remedial proceedings to be <br />taken by the Trustee hereunder; provided that such direction shall not be <br />otherwise than in accordance with law or the provisions of this Resolution, <br />and that the Trustee shall have the right to decline to follow any such <br />direction which in the opinion of the Trustee would be prejudicial to Holders <br />of Bonds not parties to such direction. <br /> <br />63 <br /> <br />l <br />I <br /> <br />. <br /> <br />I <br /> <br />. <br />t <br /> <br />I <br />
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