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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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consent to the proposed execution and delivery of the Supplemental Indenture, the Trustee is to cause <br /> notice of the proposed execution and delivery of the Supplemental Indenture to be mailed by first-class <br /> mail, postage prepaid, to the Holders of Bonds at their addresses as they appear on the Register at the <br /> close of business on the fifteenth day preceding that mailing. <br /> The Trustee will not be subject to any liability to any Holder by reason of the Trustee's failure to <br /> mail, or the failure of any Holder to receive, the notice described above. Any failure of that nature will <br /> not affect the validity of the Supplemental Indenture when there has been consent thereto as described <br /> above. The notice is to set forth briefly the nature of the proposed Supplemental Indenture and state that <br /> copies thereof are on file at the principal corporate trust office of the Trustee for inspection by all <br /> Holders. <br /> If the Trustee receives, within a period prescribed by the Borrower, of not less than 60 days, but <br /> not exceeding one year, following the mailing of the notice, an instrument or document or instruments or <br /> documents, in form to which the Trustee does not reasonably object, purporting to be executed by the <br /> Holders of not less than a majority in aggregate principal amount of the Bonds then outstanding (which <br /> instrument or document or instruments or documents refer to the proposed Supplemental Indenture in the <br /> form described in the notice and specifically consent to the Supplemental Indenture in substantially that <br /> form),the Trustee is to execute and deliver the Supplemental Indenture in substantially the form to which <br /> reference is made in the notice as being on file with the Trustee, without liability or responsibility to any <br /> Holder,regardless of whether that Holder has consented thereto. <br /> Any consent will be binding upon the Holder giving the consent and, anything in the Indenture to <br /> the contrary notwithstanding, upon any subsequent Holder of that Bond and of any Bond issued in <br /> exchange therefor (regardless of whether the subsequent Holder has notice of the consent to the <br /> Supplemental Indenture). A consent may be revoked in writing, however, by the Holder who gave the <br /> consent or by a subsequent Holder of the Bond by a revocation of such consent received by the Trustee <br /> prior to the execution and delivery by the Trustee of the Supplemental Indenture. At any time after the <br /> Holders of the required percentage of Bonds have filed their consents to the Supplemental Indenture, the <br /> Trustee is to make and file with the Issuer a written statement that the Holders of the required percentage <br /> of Bonds have filed those consents. That written statement will be conclusive evidence that the consents <br /> have been so filed. <br /> If the Holders of the required percentage in aggregate principal amount of Bonds outstanding <br /> have consented to the Supplemental Indenture, as described above, no Holder will have any right (a) to <br /> object to (i) the execution or delivery of the Supplemental Indenture, (ii) any of the terms and provisions <br /> contained therein, or(iii)the operation thereof, (b)to question the propriety of the execution and delivery <br /> thereof, or(c)to enjoin or restrain the Trustee or the Issuer from that execution or delivery or from taking <br /> any action pursuant to the provisions thereof. <br /> Consent of Borrower <br /> Anything contained in the Indenture to the contrary notwithstanding, a Supplemental Indenture <br /> that affects any rights or obligations of the Borrower will not become effective unless and until the <br /> Borrower has consented in writing to the execution and delivery of that Supplemental Indenture. <br /> The Trustee <br /> Prior to an event of default under the Indenture and after the curing of any such event of default, <br /> the Trustee undertakes to perform such duties and only such duties as are specifically set forth in the <br /> Indenture. In case an event of default has occurred that has not been cured(of which the Trustee has been <br /> -22 - <br />
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