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Agenda - 11-16-1993 - VIII-A (2)
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Agenda - 11-16-1993 - VIII-A (2)
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8/16/2017 11:34:26 AM
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BOCC
Date
11/16/1993
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
VIII-A
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51.9 <br /> ARTICLE IX <br /> DEFAULTS AND REMEDIES <br /> Section 9.01.Events of Default. If any of the following events occur it is hereby defined as and <br /> shall be deemed an "Event of Default" under this Indenture: <br /> (a) Default in the due and punctual payment of any installment of interest on any Bond <br /> when the interest installment becomes due and payable; <br /> (b) Default in the due and punctual payment to the principal and premium, if any, of <br /> any Bond when the principal becomes due and payable, whether at maturity, by declaration or <br /> otherwise; <br /> (c) A failure by the Corporation to observe and perform any covenant, condition, <br /> agreement or provisions(other than as described in subsections(a), (b), (d) or(e)of this Section) <br /> contained in the Bonds or in this Indenture on the part of the Corporation to be observed or <br /> performed, which failure continues for a period of 90 days after written notice, specifying such <br /> failure and requesting that it be remedied, has-been given to the Corporation by the Trustee, <br /> which may give such notice in its discretion and will give such notice at the written request of <br /> Owners of not less than 50% of principal amount of the Bonds Outstanding,unless the Trustee, <br /> or the Trustee and Owners of a principal amount of Bonds not less than the principal amount of <br /> Bonds the Owners of which requested such notice, as the case may be, agrees in writing to an <br /> extension of such period prior to its expiration; provided, however, that the Trustee, or the <br /> Trustee and the Owners of such principal amount of Bonds, as the case may be, will be deemed <br /> to have agreed to an extension of such period if corrective action is initiated by the Corporation <br /> within such period and is being diligently pursued; <br /> (d) Failure of the Corporation to transfer the cash portion of the Revenues to the Trustee <br /> at the times such transfers are required under this Indenture; and <br /> (e) Any bankruptcy, insolvency or reorganization proceedings or similar litigation is <br /> instituted by or against the Corporation, or a receiver, custodian or similar officer is appointed <br /> for the Corporation or any of its property, and such proceedings or appointments is not vacated <br /> or fully stayed within 90 days after the institution or occurrence thereof; or <br /> Section 9.02.Remedies on Default. <br /> (a) On the occurrence and continuance of an Event of Default, the Trustee may, or if <br /> required by a majority of the Owners of the Bonds, shall, declare the Bonds to be immediately <br /> due and payable,whereupon they shall,without further action,become due and payable,anything <br /> in this Indenture or in the Bonds to the contrary notwithstanding. In the event of such <br /> acceleration, the Trustee shall immediately notify the Corporation. <br /> (b) The provisions of the preceding paragraph are subject to the condition that if, after <br /> the principal of any of the Bonds have been so declared to be due and payable, and before any <br /> judgment or decree for the payment of the moneys due has been obtained or entered as <br /> hereinafter provided,the defaulting party(the "Defaulting Party")shall cause to be deposited with <br /> the Trustee a sum sufficient to pay all matured installments of the principal of and interest on all <br /> Bonds which have become due otherwise than by reason of such declaration(with interest upon <br /> such overdue installments of interest,at the rate per annum borne by the Bonds)and such amount <br /> 34 <br />
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