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14-20 Cedar Glen Bond Ordinance Addendums
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14-20 Cedar Glen Bond Ordinance Addendums
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3/18/2020 2:57:42 PM
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3/18/2020 2:55:23 PM
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
3/23/2020
Bill Number
14-20
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the Loan Agreement, exclusive of any period of grace or notice required to constitute a default or failure <br /> in an Event of Default,as provided above or in the Loan Agreement. <br /> Notwithstanding anything in the Indenture to the contrary, the Trustee agrees that any cure of any <br /> Event of Default under the Indenture made or tendered by the Investor Member will be deemed to be a <br /> cure by the Borrower, and will be accepted or rejected by the Trustee on the same basis as if made or <br /> tendered by the Borrower. <br /> Acceleration <br /> Upon the occurrence of an Event of Default described in(a) and (b) under"—Events of Default" <br /> above, the Trustee must declare, by a notice in writing delivered to the Borrower, the principal of all <br /> Bonds then outstanding (if not then due and payable), and the interest accrued thereon, to be due and <br /> payable immediately. For all other Events of Default,the Trustee is to declare upon the written request of <br /> the Holders of not less than 25%in aggregate principal amount of Bonds then outstanding the principal of <br /> all Bonds then outstanding (if not then due and payable), and the interest accrued thereon, to be due and <br /> payable immediately. <br /> The provisions described in the preceding paragraph are subject, however, to the condition that if, <br /> at any time after declaration of acceleration and prior to the entry of a judgment in a court for <br /> enforcement under the Indenture(after an opportunity for hearing by the Issuer and the Borrower), <br /> (a) all sums payable under the Indenture (except the principal of and interest on <br /> Bonds that have not reached the Maturity Date but which are due and payable solely by reason of <br /> that declaration of acceleration), plus interest to the extent permitted by law on any overdue <br /> installments of interest at the rate borne by the Bonds in respect of which the default has <br /> occurred, have been duly paid or provision have been duly made therefor by deposit with the <br /> Trustee,and <br /> (b) all existing Events of Default have been cured, <br /> then and in every case, the Trustee is to waive the Event of Default and its consequences and rescind and <br /> annul that declaration. No waiver or rescission and annulment will extend to or affect any subsequent <br /> Event of Default or will impair any rights consequent thereon. <br /> Other Remedies; Rights of Holders <br /> With or without taking action described under "—Acceleration" above, upon the occurrence and <br /> continuance of an Event of Default, the Trustee may pursue any available remedy, including without <br /> limitation actions at law or equity to enforce the payment of Bond Service Charges or the observance and <br /> performance of any other covenant, agreement or obligation under the Indenture, the Loan Agreement, <br /> the Regulatory Agreement or the Note or any other instrument providing security, directly or indirectly, <br /> for the Bonds. <br /> If, upon the occurrence and continuance of an Event of Default, the Trustee is requested so to do <br /> by the Holders of at least 25% in aggregate principal amount of Bonds outstanding, the Trustee(subject to <br /> the provisions of the Indenture), is to exercise any rights and powers conferred by the Indenture. <br /> No remedy conferred upon or reserved to the Trustee (or to the Holders) by the Indenture is <br /> intended to be exclusive of any other remedy. Each remedy is to be cumulative and in addition to every <br /> other remedy given under the Indenture or otherwise to the Trustee or to the Holders. No delay in <br /> - 17- <br />
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