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12-13-2021 FINAL Packet
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12-13-2021 FINAL Packet
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<br />52 <br />(a) The fact and date of the execution by any person of any such writing may be proved <br />by the certificate of any officer in any jurisdiction who by law has power to take acknowledgments <br />within such jurisdiction that the person signing such writing acknowledged before him the <br />execution thereof, or by affidavit of any witness to such execution. <br />(b) The fact of the holding by any person of Bonds transferable by delivery and the <br />amounts and numbers of such Bonds, and the date of the holding of the same, may be proved by a <br />certificate executed by any trust company, bank or bankers, wherever situated, stating that at the <br />date thereof the party named therein did exhibit to an officer of such trust company or bank or to <br />such banker, as the property of such party, the Bonds therein mentioned if such certificate shall be <br />deemed by the Trustee to be satisfactory. The Trustee may, in its discretion, require evidence that <br />such Bonds have been deposited with a bank, bankers or trust company, before taking any action <br />based on such ownership. In lieu of the foregoing, the Trustee may accept other proofs of the <br />foregoing as it shall deem appropriate. <br />For all purposes of this Indenture and of the proceedings for the enforcement hereof, such <br />person shall be deemed to continue to be the holder of such Bonds until the Trustee shall have <br />received notice in writing to the contrary. <br />Section 10.5 Limitation of Rights. With the exception of rights herein expressly <br />conferred, nothing expressed or mentioned in or to be implied from this Indenture or the Bonds is <br />intended or shall be construed to give to any person other than the parties hereto, the Corporation <br />and the holders of the Bonds, any legal or equitable right, remedy or claim under or in respect to <br />this Indenture or any covenants, conditions and provisions herein contained, this Indenture and all <br />of the covenants, conditions and provisions hereof being intended to be and being for the sole and <br />exclusive benefit of the parties hereto, the Corporation and the holders of the Bonds as herein <br />provided. <br />Section 10.6 Severability. If any provision of this Indenture shall be held or deemed to <br />be or shall, in fact, be inoperative or unenforceable as applied in any particular case in any <br />jurisdiction or jurisdictions or in all jurisdictions, or in all cases because it conflicts with any other <br />provision or provisions hereof or any constitution or statute or rule of public policy, or for any <br />other reason, such circumstances shall not have the effect of rendering the provision in question <br />inoperative or unenforceable in any other case or circumstance, or of rendering any other provision <br />or provisions herein contained invalid, inoperative, or unenforceable to any extent whatever. <br />The invalidity of any one or more phrases, sentences, clauses or Sections in this Indenture <br />contained shall not affect the remaining portions of this Indenture, or any part thereof. <br />Section 10.7 Notices. All notices, demands, certificates or other communications <br />hereunder shall be sufficiently given and shall be deemed given when mailed by registered or <br />certified mail, postage prepaid, with proper address as indicated below; provided that notice to the <br />Trustee shall be effective upon receipt. The Issuer, the Corporation, and the Trustee may, by <br />written notice given by each to the others, designate any address or addresses to which notices, <br />demands, certificates or other communications to them shall be sent when required as <br />contemplated by this Indenture. Until otherwise provided by the respective parties, all notices, <br />demands, certificates and communications to each of them shall be addressed as follows:
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