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10632-18 Bond Financing for the Community Center Project (St. Joseph County Public Library)
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10632-18 Bond Financing for the Community Center Project (St. Joseph County Public Library)
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11/28/2018 12:57:51 PM
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11/28/2018 12:57:12 PM
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
11/26/2018
Ord-Res Number
10632-18
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payments with respect to the principal of and premium, if any, and interest on such Series 20_ <br /> Bond and all notices with respect to such Series 20 Bond shall be made and given, <br /> respectively, to the Depository Company as provided in a representation letter from the <br /> Authority to the Depository Company. <br /> With respect to the Series 20_Bonds registered in the register kept by the Paying Agent <br /> in the name of CEDE & CO., as nominee of The Depository Trust Company, the Issuer and the <br /> Paying Agent shall have no responsibility or obligation to any other holders or owners (including <br /> any beneficial owner ("Beneficial Owner"), of the Series 20_ Bonds with respect to (i) the <br /> accuracy of the records of The Depository Trust Company, CEDE & CO., or any Beneficial <br /> Owner with respect to ownership questions, (ii) the delivery to any bondholder (including any <br /> Beneficial Owner) or any other person, other than The Depository Trust Company, of any notice <br /> with respect to the Series 20_Bonds including any notice of redemption, or(iii) the payment to <br /> any Bondholder (including any Beneficial Owner) or any other person, other than The <br /> Depository Trust Company, of any amount with respect to the principal of, or premium, if any, <br /> or interest on the Series 20 Bonds, except as otherwise provided herein. <br /> No person other than The Depository Trust Company shall receive an authenticated <br /> Series 20_ Bond evidencing an obligation of the Issuer to make payments of the principal of <br /> and premium, if any, and interest on the Series 20_Bonds pursuant to the Indenture. The Issuer <br /> and the Registrar and Paying Agent may treat as and deem The Depository Trust Company or <br /> CEDE & CO. to be the absolute bondholder of each of the Series 20_Bonds for the purpose of <br /> (i) payment of the principal of and premium, if any, and interest on such Series 20_Bonds; (ii) <br /> giving notices of redemption and other notices permitted to be given to Bondholders with respect <br /> to such Bonds; (iii) registering transfers with respect to such Series 20_ Bonds; (iv) obtaining <br /> any consent or other action required or permitted to be taken of or by Bondholders; (v) voting; <br /> and (vi) for all other purposes whatsoever. The Paying Agent shall pay all principal of and <br /> premium, if any, and interest on the Series 20 Bonds only to or upon the order of The <br /> Depository Trust Company, and all such payments shall be valid and effective fully to satisfy <br /> and discharge the Issuer's and the Paying Agent's obligations with respect to principal of and <br /> premium, if any, and interest on the Series 20_Bonds to the extent of the sum or sums so paid. <br /> Upon delivery by The Depository Trust Company to the Issuer of written notice to the effect that <br /> The Depository Trust Company has determined to substitute a new nominee in place of CEDE & <br /> CO., and subject to the provisions herein with respect to consents, the words "CEDE & CO." in <br /> this Indenture shall refer to such new nominee of The Depository Trust Company. <br /> Notwithstanding any other provision hereof to the contrary, so long as any Series 20 Bond is <br /> registered in the name of CEDE & CO. as nominee of The Depository Trust Company, all <br /> payments with respect to the principal of and premium, if any, and interest on such Series 20_ <br /> Bond and all notices with respect to such Series 20_ Bond shall be made and given, <br /> respectively, to The Depository Trust Company as provided in a representation letter from the <br /> Issuer to The Depository Trust Company. <br /> Upon receipt by the Issuer of written notice from The Depository Trust Company to the <br /> effect that The Depository Trust Company is unable or unwilling to discharge its responsibilities <br /> and no substitute depository willing to undertake the functions of The Depository Trust <br /> Company hereunder can be found which is willing and able to undertake such functions upon <br /> reasonable and customary terms, then the Series 20_ Bonds shall no longer be restricted to <br /> being registered in the register of the Issuer kept by the Registrar in the name of CEDE & CO., <br /> 15 <br />
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