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COM 1109.000 2020-2022
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COM 1109.000 2020-2022
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Last modified
11/10/2022 11:36:40 AM
Creation date
11/9/2022 11:12:52 AM
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Communications
Communications - Type
COM
Communications - Council Term
2020-2022
Communication
1109
Point
000
Author
Deanna S. Sako, Director of Finance
Communications - Referred To
COUNCIL
Document Relationships
AGE COUNCIL 2022-11-16 2020-2022
(Related To)
Path:
\Council Records\Agendas\2020-2022\Council
RES 618 Draft 01 2020-2022
(Related To)
Path:
\Council Records\Resolutions\2020-2022
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give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and <br /> the Trustee in its discretion elects to act upon such instructions, the Trustee's understanding of such <br /> instructions shall be deemed controlling. The Trustee shall not be liable for any losses, costs or <br /> expenses arising directly or indirectly from the Trustee's reliance upon and compliance with such <br /> instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written <br /> instruction. The County agrees to assume all risks arising out of the use of such electronic methods <br /> to submit instructions and directions to the Trustee, including without limitation the risk of the <br /> Trustee acting in good faith on unauthorized instructions, and the risk of interception and misuse by <br /> third parties. <br /> Section 7.5. Merger or Consolidation. Any company into which the Trustee may be <br /> merged or converted or with which it may be consolidated or any company resulting from any <br /> merger, conversion or consolidation to which it shall be a party or any company to which the Trustee <br /> may sell or transfer all or substantially all of its corporate trust business, shall be the successor to the <br /> Trustee without the execution or filing of any paper or further act, anything herein to the contrary <br /> notwithstanding; provided that such successor shall be qualified to serve as Trustee under the <br /> provisions of Section 7.2. <br /> ARTICLE VIII <br /> EVENTS OF DEFAULT; REMEDIES <br /> Section 8.1. Events of Default. Any one or more of the following events shall constitute <br /> an"event of default": <br /> (a) Default in the due and punctual payment of the principal of or redemption premium, <br /> if any, on any Bond when and as the same shall become due and payable, whether at maturity as <br /> therein expressed,by declaration or otherwise; <br /> (b) Default in the due and punctual payment of the interest on any Bond when and as the <br /> same shall become due and payable; <br /> (c) Except as described in (a) or (b), default shall be made by the County in the <br /> observance of any of the agreements, conditions or covenants on its part contained in this Indenture, <br /> the Bonds, and such default shall have continued for a period of 30 days after the County shall have <br /> been given notice in writing of such default by the Trustee or the Owners of 25% in aggregate <br /> principal amount of the Outstanding Bonds; or <br /> (d) The County shall commence a voluntary case under Title 11 of the United States <br /> Code or any substitute or successor statute. <br /> The County agrees to give notice to the Trustee immediately upon the occurrence of an event <br /> of default under(a)or(b) above and within 30 days of the County's knowledge of an event of default <br /> under(c)above. <br /> Section 8.2. Remedies of Owners. Following the occurrence of an event of default. any <br /> Trustee shall have the right for the equal benefit and protection of all Owners: <br /> (a) By mandamus or other suit or proceeding at law or in equity to enforce the rights of <br /> the Owners against the County and any of the members, officers and employees of the County, and to <br /> 47 <br />
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