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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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Last modified
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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In the absence of delivery of a notice satisfying those requirements, the Trustee may assume <br /> conclusively that there is no default or Event of Default, except as noted above. <br /> (g) At any reasonable time, the Trustee and its duly authorized agents, attorneys, <br /> experts, engineers, accountants and representatives (i) may inspect and copy fully all books, <br /> papers and records of the Issuer pertaining to the Project and the Bonds, which constitute public <br /> records under the public records laws of the State, and (ii) may make any memoranda from and <br /> in regard thereto as the Trustee may desire. <br /> (h) The Trustee shall not be required to give any bond or surety with respect to the <br /> execution of these trusts and powers or otherwise in respect of the premises. <br /> (i) Notwithstanding anything contained elsewhere in this Indenture, the Trustee may <br /> demand any showings, certificates, reports, opinions, appraisals and other information, and any <br /> corporate action and evidence thereof, in addition to that required by the terms hereof, as a <br /> condition to the authentication of any Bonds or the taking of any action whatsoever within the <br /> purview of this Indenture, if the Trustee deems it to be desirable for the purpose of establishing <br /> the right of the Issuer to the authentication of any Bonds or the right of any Person to the taking <br /> of any other action by the Trustee; provided, that the Trustee shall not be required to make that <br /> demand. <br /> (j) Before taking action hereunder pursuant to Section 6.04 or Article VII hereof <br /> (with the exception of any action required to be taken under Section 7.02 hereof or the <br /> acceleration of the Bonds under Section 7.03 hereof), the Trustee may require that a satisfactory <br /> indemnity bond be furnished to it for the reimbursement of all expenses which it may incur and <br /> to protect it against all liability by reason of any action so taken, except liability which is <br /> adjudicated to have resulted from its negligence, misconduct or willful default. The Trustee may <br /> take action without that indemnity, and in that case, the Borrower shall reimburse the Trustee for <br /> all of the Trustee's expenses pursuant to Section 6.03 hereof. <br /> (k) Unless otherwise provided herein, all moneys received by the Trustee under this <br /> Indenture shall be held in trust for the purposes for which those moneys were received, until <br /> those moneys are used, applied or invested as provided herein; provided, that those moneys need <br /> not be segregated from other moneys, except to the extent required by this Indenture or by law. <br /> The Trustee shall not have any liability for interest on any moneys received hereunder, except to <br /> the extent expressly provided herein. <br /> (1) Any resolution adopted by the Issuer, and any opinions, certificates and other <br /> instruments and documents for which provision is made in this Indenture, may be accepted by <br /> the Trustee, in the absence of bad faith on its part, as conclusive evidence of the facts and <br /> conclusions stated therein and shall be full warrant, protection and authority to the Trustee for its <br /> actions taken hereunder. <br /> (m) The Trustee shall be entitled to file proofs of claim in bankruptcy. Trustee fees <br /> and expenses are intended to constitute administrative expenses in bankruptcy. <br /> (n) The Trustee agrees to accept and act upon instructions or directions pursuant to <br /> this Indenture sent by unsecured e-mail, facsimile transmission or other similar unsecured <br /> - 39- <br />
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