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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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as nominee of The Depository Trust Company, but maybe registered in whatever name or names <br /> the Bondholders transferring or exchanging Series 20_ Bonds shall designate, in accordance <br /> with the provisions of the Indenture. <br /> If the Issuer determines that it is in the best interest of the Bondholders that they be able <br /> to obtain certificates for the fully registered Series 20_ Bonds, the Issuer may notify The <br /> Depository Trust Company and the Registrar, whereupon The Depository Trust Company will <br /> notify the Beneficial Owners of the availability through The Depository Trust Company of <br /> certificates for the Series 20_ Bonds. In such event, the Registrar shall prepare, authenticate, <br /> transfer and exchange certificates for the Series 20_ Bonds as requested by The Depository <br /> Trust Company and any Beneficial Owners in appropriate amounts, and whenever The <br /> Depository Trust Company requests the Issuer and the Registrar to do so, the Registrar and the <br /> Issuer will cooperate with The Depository Trust Company by taking appropriate action after <br /> reasonable notice (i) to make available one or more separate certificates evidencing the fully <br /> registered Series 20_ Bonds of any Beneficial Owner's Depository Trust Company account or <br /> (ii) to arrange for another securities depository to maintain custody of certificates for and <br /> evidencing the Series 20_Bonds. <br /> If the Series 20_Bonds shall no longer be restricted to being registered in the name of a <br /> depository trust company, the Registrar shall cause the Series 20_Bonds to be printed in blank <br /> in such number as the Registrar shall determine to be necessary or customary; provided, <br /> however, that the Registrar shall not be required to have such Bonds printed until it shall have <br /> received from the Issuer indemnification for all costs and expenses associated with such printing. <br /> In connection with any notice or other communication to be provided to Bondholders by <br /> the Issuer or the Registrar with respect to any consent or other action to be taken by <br /> Bondholders, the Issuer or the Registrar, as the case may be, shall establish a record date for such <br /> consent or other action and give The Depository Trust Company notice of such record date not <br /> less than fifteen(15) calendar days in advance of such record date to the extent possible. <br /> So long as the Series 20 Bonds are registered in the name of The Depository Trust <br /> Company or CEDE & CO. or any substitute nominee, the Issuer and the Registrar and Paying <br /> Agent shall be entitled to request and to rely upon a certificate or other written representation <br /> from the Beneficial Owners of the Series 20_Bonds or from The Depository Trust Company on <br /> behalf of such Beneficial Owners stating the amount of their respective beneficial ownership <br /> interests in the Series 20 Bonds and setting forth the consent, advice, direction, demand or <br /> vote of the Beneficial Owners as of a record date selected by the Registrar and The Depository <br /> Trust Company, to the same extent as if such consent, advice, direction, demand or vote were <br /> made by the Bondholders for purposes of this Indenture and the Issuer and the Registrar and <br /> Paying Agent shall for such purposes treat the Beneficial Owners as the Bondholders. Along <br /> with any such certificate or representation, the Registrar may request The Depository Trust <br /> Company to deliver, or cause to be delivered, to the Registrar a list of all Beneficial Owners of <br /> the Bonds, together with the dollar amount of each Beneficial Owner's interest in the Series 20_ <br /> Bonds and the current addresses of such Beneficial Owners. <br /> If the Book Entry System is no longer in effect, registered owners of Series 20_ <br /> Bonds may, upon surrender thereof at the principal corporate trust office of the Trustee with a <br /> written instrument of transfer satisfactory to the Trustee, exchange a Series 20_Bond or Series <br /> 16 <br />
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