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SA 3 - RESO - TAX ALLOCATION BONDS
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SA 3 - RESO - TAX ALLOCATION BONDS
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Last modified
6/30/2016 4:21:44 PM
Creation date
6/30/2016 3:50:32 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
3
Date
7/5/2016
Destruction Year
2021
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with respect to such Bond, unless (1) such Owner shall have given to the Trustee written notice <br />of the occurrence of an Event of Default; (2) the Owners of not less than twenty -five per cent <br />(25 %) in aggregate principal amount of Bonds then Outstanding shall have made written request <br />upon the Trustee to exercise the powers hereinbefore granted or to institute such suit, action or <br />proceeding in its own name; (3) such Owner or said Owners shall have tendered to the Trustee <br />reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with <br />such request; and (4) the Trustee shall have refused or omitted to comply with such request for a <br />period of sixty (60) days after such written request shall have been received by, and said tender <br />of indemnity shall have been made to, the Trustee, <br />Such notification, request, tender of indemnity and refusal or omission are hereby <br />declared, in every case, to be conditions precedent to the exercise by any Owner of Bonds of any <br />remedy hereunder or under law; it being understood and intended that no one or more Owner of <br />Bonds shall have any right in any manner whatever by his or their action to affect, disturb or <br />prejudice the security of the Indenture or the rights of any other Owners of Bonds, or to enforce <br />any right under the Indenture, the Law or other applicable law with respect to the Bonds, except <br />in the manner herein provided, and that all proceedings at law or in equity to enforce any such <br />right shall be instituted, had and maintained in the manner herein provided and for the benefit <br />and protection of all Owners of the Outstanding Bonds, subject to the provisions of the <br />Indenture. <br />Section 10,06 Non - Waiver. Nothing in this Article or in any other provision of the <br />Indenture, or in the Bonds, shall affect or impair the obligation of the Agency, which is absolute <br />and unconditional, to pay the principal of, slid the interest on the Bonds to the respective Owners <br />of the Bonds at the respective dates of maturity, as herein provided, out of the Tax Revenues <br />pledged for such payment, or affect or impair the right of action, which is also absolute and <br />unconditional, of such Owners to institute suit to enforce such payment by virtue of the contract <br />embodied in the Bonds and in the Indenture, <br />A waiver of any default or breach of duty or contract by any Owner shall not affect any <br />subsequent default or breach of duty or contract, or impair any rights or remedies on any such <br />subsequent default or breach. No delay or omission by any Owner to exercise any right or power <br />accruing upon any default shall impair any such right or power or shall be construed to be a <br />waiver of any such default or an acquiescence therein, and every power and remedy conferred <br />upon the Owners by the Law or by this Article may be enforced and exercised from time to time <br />and as often as shall be deemed expedient by the Owners. <br />If any suit, action or proceeding to enforce any right or exercise any remedy is abandoned <br />or determined adversely to the Owners, the Trustee, the Agency and the Owners shall be restored <br />to their former positions, rights and remedies as if such suit, action or proceeding had not been <br />brought or taken. <br />Section 10.07 Remedies Not Exclusive. No remedy herein conferred upon or reserved <br />to the Trustee or the Owners is intended to be exclusive of any other remedy. Every such <br />remedy shall be cumulative and shall be in addition to every other remedy given hereunder or <br />now or hereafter existing, at law or in equity or by statute or otherwise, and may be exercised <br />52 <br />3 -70 <br />
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