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1983-008
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1983-008
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Last modified
1/3/2012 12:19:44 PM
Creation date
1/12/2006 2:01:18 PM
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City Clerk
Doc Type
Resolution
Doc #
IDA 1983-008
Date
12/19/1983
Destruction Year
PERM
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<br />i <br />I <br />i <br />L <br /> <br />i <br />I <br />I.. <br /> <br />. . <br /> <br />ARTICLE VIII <br />EVENTS OF DEFAULT; REMEDIES <br /> <br />Section 8.01. Events of Default. If any of the following events occur, it <br />is hereby declared to constitute an "Event of Default"; <br /> <br />(a) if the principal of, or interest or premium (if any) on, any Bond <br />sha 11 not be duly and punctually paid when and as the same sha 11 become due and <br />payable, whether at maturity, by proceedings for redemption, by declaration or <br />otherwi se; <br /> <br />(b) if the Authority shall fail to perform or observe any other of the <br />covenants, agreements or conditions on its part in this Resolution contained, and <br />such default shall have continued for a period of sixty (60) days after written <br />notice thereof, specifying such failure and requiring the same to be remedied, <br />shall have been given to the Authority and the Company by the Servicing Agent, or to <br />the Authority, the Company and the Servicing Agent by the Owners of not less than <br />twenty-five percent (25%) in aggregate principal amount of the Bonds at the time <br />Outstandi ng; or - <br /> <br />(c) if an Event of Default has occurred under the Agreement or the <br />Deed of Trust. <br /> <br />Section 8.02. Acceleration. If an Event of Default has occurred as defined <br />under Section 8.01 and is continuing, then and in each and every such case during <br />the continuance of such Event of Default unless the principal of all the Bonds <br />shall have already become due and payable, the Servicing Agent, on behalf of the <br />Authority, may, and upon the written request of the Owners of not less than twenty- <br />five percent (25~~) in aggregate principal amount of the Bonds at the time <br />Outstanding, the Servicing Agent, on behalf of the Authority, shall, declare the <br />principal of all the Bonds then Outstanding, and the interest accrued thereon, to <br />be due and payable immediately, and upon any such declaration the same shall become <br />and shall be immediately due and payable, anything in this Resolution or in the <br />Bonds contained to the contrary notwithstanding. <br /> <br />The foregoing provisions, however, are subject to the condition that if, at <br />any time after the principal of the Bonds shall have been so declared to be or have <br />so become due and payable because of an Event of Default specified in Section 8.01, <br />and before any judgment or decree for the payment of moneys due shall have been <br />obtained or entered as hereinafter provided, there shall have been deposited with <br />the Servi ci ng Agent on beha If of the Authori ty a sum suffi ci ent to pay all <br />principal on the Bonds matured prior to such declaration and all matured <br />installments of interest (if any) upon all the Bonds, with interest on such overdue <br />installments of principal at the respective rates borne by the Bonds, and the <br />reasonable expenses of the Servicing Agent, and any and all other Events of Default <br />known to the Servicing Agent (other than in the payment of principal of and <br />interest on the Bonds due and payable solely by reason of such declaration) shall <br />ha ve been made good or cured to the sat is fact i on of the Servi c i ng Agent or <br />provi sion deemed by the Servicing Agent to be adequate shall have been made <br />therefor, then, and in every such case, the Owners of at least a majority in <br /> <br />19 <br />
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