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12-13-2021 FINAL Packet
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12-13-2021 FINAL Packet
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<br />38 <br />ARTICLE VII <br />DEFAULTS AND REMEDIES <br />Section 7.1 Events of Default. Each of the following events is hereby declared an <br />“event of default,” that is to say, if <br />(a) payment of any principal or interest payable on the Bonds shall not be made when <br />the same is due and payable, whether at the stated maturity thereof, or upon proceedings for the <br />redemption thereof; or <br />(b) any event of default as defined in Section ____ of the Financing Agreement shall <br />occur and be continuing; or <br />(c) the Issuer shall default in the due and punctual performance of any other of the <br />covenants, conditions, agreements and provisions contained in the Bonds or in this Indenture or <br />any agreement supplemental hereto on the part of the Issuer to be performed, and such default shall <br />continue for sixty (60) days after written notice specifying such default and requiring the same to <br />be remedied shall have been given to the Issuer by the Trustee, which may give such notice in its <br />discretion and shall give such notice at the written request of the holders of all of the Bonds then <br />outstanding hereunder; or <br />(d) the Issuer shall fail to apply the Lease Rental Payments as required by Article IV <br />of this Indenture; or <br />(e) any event of default as defined in Section ____ shall occur and be continuing. <br />Section 7.2 Remedies: Rights of Bondholders. <br />(a) If an event of default occurs, the Trustee may pursue any available remedy by suit <br />at law or in equity to enforce the payment of the principal of and interest on the Bonds then <br />outstanding, and to enforce any obligations of the Issuer hereunder. <br />(b) Upon the occurrence of an event of default, and if directed so to do by the Requisite <br />Bondholders and indemnified as provided in Section 8.1 hereof, the Trustee shall be obligated to <br />exercise one or more of the rights and powers conferred by this Article as the Trustee, being <br />advised by Counsel, shall deem most expedient in the interests of the Bondholders. <br />(c) No remedy by the terms of this Indenture conferred upon or reserved to the Trustee <br />(or to the Bondholders) is intended to be exclusive of any other remedy, but each and every such <br />remedy shall be cumulative and shall be in addition to any other remedy given to the Trustee or <br />to the Bondholders hereunder or now or hereafter existing at law or in equity or by statute. <br />(d) No delay or omission to exercise any right or power accruing upon any event of <br />default shall impair any such right or power or shall be construed to be a waiver of any event of <br />default or acquiescence therein, and every such right and power may be exercised from time to <br />time as may be deemed expedient.
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