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2014-004 SAFA
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2014-004 SAFA
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7/28/2014 5:07:05 PM
Creation date
7/28/2014 4:13:42 PM
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City Clerk
Doc Type
Resolution
Doc #
2014-004
Date
7/15/2014
Destruction Year
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and upon any such declaration the same shall become immediately due and payable, anything <br />contained herein to the contrary notwithstanding; provided, that with respect to a Series of Parity <br />Installment Obligations supported by a Credit Support Instrument, acceleration shall not be <br />effective unless the declaration is consented to by the related Credit Provider. This subsection <br />however, is subject to the condition that if at any time after the entire principal amount of all <br />Series of Parity Installment Obligations and the accrued interest thereon shall have been so <br />declared due and payable and before any judgment or decree for the payment of the moneys due <br />shall have been obtained or entered, the City shall deposit with the Authority a sum sufficient to <br />pay the unpaid principal amount of all such Series of Parity Installment Obligations and the <br />unpaid payments of any other Parity Obligations referred to in clause (1) above due prior to such <br />declaration and the accrued interest thereon, with interest on such overdue installments at the rate <br />or rates applicable thereto in accordance with their terms, and the reasonable expenses of the <br />Authority, and any and all other defaults known to the Authority (other than in the payment of <br />the entire principal amount of the unpaid Parity Installment Obligations and the accrued interest <br />thereon due and payable solely by reason of such declaration) shall have been made good or <br />cured to the satisfaction of the Authority or provision deemed by the Authority to be adequate <br />shall have been made therefor, then and in every such case the Authority, by written notice to the <br />City, may rescind and annul such declaration and its consequences; but no such rescission and <br />annulment shall extend to or shall affect any subsequent default or shall impair or exhaust any <br />right or power consequent thereon. <br />SECTION 8.02. Application of Net System Revenues Upon Acceleration. Subject to <br />the provisions of any Issuing Instrument, all Net System Revenues received after the date of the <br />declaration of acceleration by the Authority as provided in Section 8.01 shall be applied as set <br />forth in such Issuing Instrument. <br />SECTION 8.03. Other Remedies of the Authority. The Authority shall have the right, <br />subject to receipt of consent from any Credit Provider with respect to a particular Series of Parity <br />Installment Obligations -- <br />(a) by mandamus or other action or proceeding or suit at law or in equity to <br />enforce its rights against the City or any councilmember, officer or employee thereof, and <br />to compel the City or any such councilmember, officer or employee to perform and carry <br />out its or his duties under the Law and the agreements and covenants required to be <br />performed by it or him contained herein; <br />(b) by suit in equity to enjoin any acts or things which are unlawful or violate <br />the rights of the Authority; or <br />(c) by suit in equity upon the happening of an Event of Default to require the <br />City and its councilmembers, officers and employees to account as the trustee of an <br />express trust. <br />SECTION 8.04. Non - Waiver. Nothing in this article or in any other provision hereof <br />shall affect or impair the obligation of the City, which is absolute and unconditional, to pay the <br />Installment Payments to the Authority at the respective due dates or upon prepayment from the <br />Net System Revenues and the other funds herein committed for such payment, or shall affect or <br />55394.00011 \8819608.3 25 <br />
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