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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 />I <br /> <br />- <br /> <br />1206. <br /> <br />Limitations on Rights of Bondholders. <br /> <br />(A) . No Holder of any Bond shall have any right to institute any <br />suit, action or other proceeding hereunder, or for the protection or <br />enforcement of any right herein granted or any right granted under law unless <br />such Holder shall have given to the Trustee written notice of the Event of <br />Default or breach of duty on account of which such suit, action or proceeding <br />is to be taken, and unless the Holders of not less than twenty-five percent <br />(25%) in principal amount of the Bonds then Outstanding shall have made <br />written request to the Trustee after the right to exercise such powers or <br />right of action, as the case may be, shall have accrued, and shall have <br />afforded the Trustee a reasonable opportunity either to proceed to exercise <br />the powers herein granted or granted under law or to institute such action, <br />suit or proceeding in its name and unless, also, there shall have been offered <br />to the Trustee reasonable security and indemnity against the costs, expenses <br />and liabilities to be incurred therein or thereby, and the Trustee shall have <br />refused or neglected to comply with such request within a reasonable time; and <br />such notification, request and offer of indemnity are hereby declared in every <br />such case, at the option of the Trustee, to be conditions precedent to the <br />execution of the powers under this Resolution or for any other remedy <br />hereunder or under law. It is understood and intended that no one or more <br />Holders of the Bonds hereby secured shall have any right in any manner <br />whatever by his or their action to affect, disturb or prejudice the security <br />of this Resolution, or to enforce any right hereunder or under law with <br />respect to the Bonds or this Resolution, except in the manner herein provided, <br />and that all proceedings shall be instituted" had and maintained in the manner <br />herein provided and for the benefit of all Holders of Outstanding Bonds and <br />coupons. <br /> <br />(B) Anything to the contrary notwithstanding contained in this <br />Section 1206, or any other provision of this Resolution, each Holder of any <br />Bond by h is acceptance thereof shall be deemed to have agreed that any court <br />in its discretion may require, in any suit for the enforcement of any right or <br />remedy under this Resolution or any Supplemental Resolution, or in any suit <br />against the Trustee for any action taken or omitted by it as Trustee, the <br />filing by any party litigant in such suit of an undertaking to pay the <br />reasonable costs of such suit, and that such court may in its discretion <br />assess reasonable costs, including reasonable attorneys' fees, against any <br />party litigant in any such suit, having due regard to the merits and good <br />faith of the claims or defenses made by such litigant; but the provisions of <br />this subsection B shall not apply to any suit instituted by the Trustee, to <br />any suit instituted by any Bondholder, or group of 80ndho1ders, holding at <br />least twenty-five percent (25%) in principal amount of the 80nds Outstanding, <br />or to any suit instituted by any 80ndholder for the enforcement of the payment <br />of the Principal Installment or Redemption Price of or interest on any Bond on <br />or after the respective due date thereof expressed in such Bond. <br /> <br />1207. Possession of Bond by Trustee Not Required. All rights of action <br />under this Resolution or under any of the 80nds, enforceable by the Trustee, <br /> <br />64 <br />
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