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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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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
3/23/2020
Bill Number
14-20
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full all Bonds due on any particular date, together with that interest, then to the <br /> payment thereof ratably, according to the amounts of principal due on that date, <br /> to the Holders entitled thereto, without any discrimination or privilege. <br /> (b) If the principal of all of the Bonds shall have become due or shall have <br /> been declared to be due and payable pursuant to this Article, all of those moneys shall be <br /> deposited into the Bond Fund and shall be applied to the payment of the principal and <br /> interest then due and unpaid upon the Bonds, without preference or priority of principal <br /> over interest, of interest over principal, of any installment of interest over any other <br /> installment of interest, or of any Bond over any other Bond, ratably, according to the <br /> amounts due respectively for principal and interest, to the Holders entitled thereto, <br /> without any discrimination or privilege. <br /> (c) If the principal of all of the Bonds shall have been declared to be due and <br /> payable pursuant to this Article, and if that declaration thereafter shall have been <br /> rescinded and annulled under the provisions of Section 7.03 or 7.10 hereof, subject to the <br /> provisions of paragraph (b) of this Section in the event that the principal of all of the <br /> Bonds shall become due and payable later, the moneys shall be deposited in the Bond <br /> Fund and shall be applied in accordance with the provisions of Article III. <br /> (d) After payments have been made as set forth in paragraphs (a) — (c) above, <br /> any remaining balance shall be used for payment of any costs, expenses, liabilities and <br /> advances paid, incurred or made by the Trustee in the collection of moneys and to all fees <br /> of the Trustee for Ordinary and Extraordinary Expenses pursuant to any right given or <br /> action taken under the provisions of this Article or the provisions of the Agreement, the <br /> Regulatory Agreement or the Note (including without limitation, reasonable attorneys' <br /> fees and expenses, except as limited by law or judicial order or decision entered in any <br /> action taken under this Article VII). <br /> Whenever moneys are to be applied pursuant to the provisions of this Section, those <br /> moneys shall be applied at such times, and from time to time, as the Trustee shall determine, <br /> provided that the Trustee shall have first determined that it will have sufficient funds available to <br /> pay the full amount of principal and accrued but unpaid interest due to the Holders as of the date <br /> of such payment or payments. Whenever the Trustee shall direct the application of those moneys, <br /> it shall fix the date upon which the application is to be made, and upon that date, interest shall <br /> cease to accrue on the amounts of principal, if any, to be paid on that date, provided the moneys <br /> are available therefor. The Trustee shall give notice of the deposit with it of any moneys and of <br /> the fixing of that date, all consistent with the requirements of Section 3.04 hereof for the <br /> establishment of, and for giving notice with respect to, a Special Record Date for the payment of <br /> overdue interest. The Trustee shall not be required to make payment of principal of a Bond to <br /> the Holder thereof, until the Bond shall be presented to the Trustee for appropriate endorsement <br /> or for cancellation if it is paid fully, unless presentation is not required pursuant to Section 3.08 <br /> hereof. <br /> Section 7.07. Remedies Vested in Trustee. All rights of action (including without <br /> limitation, the right to file proof of claims) under this Indenture or under any of the Bonds may <br /> be enforced by the Trustee without the possession of any of the Bonds or the production thereof <br /> - 52 - <br />
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