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1998-10-19 Resolution 130
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1998-10-19 Resolution 130
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7/16/2008 2:35:48 PM
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(x) Failure of the Authority to bring suit to mandate the Lessee to levy a tax <br />• to pay the rental provided in the Lease, or take such other action to enforce the Lease as <br />is reasonably requested by the Trustee, if such rental is more than 30 days in default; <br />(xi) The lease rental provided for in the Lease is not paid when due; or <br />(xii) Any other default occurs and is continuing under the Lease. <br />Remedies. In the case of the happening and continuance of any of the events of default, <br />the Trustee, by notice in writing mailed to the Authority, may, and upon written request of the <br />registered owners of 25% in principal amount of the Bonds then outstanding must, declare the <br />principal of all Bonds outstanding, and the interest accrued thereon, immediately due and <br />payable. Upon such declaration, the principal and interest will become immediately due and <br />payable. However, the registered owners of a majority in principal amount of all outstanding <br />Bonds, by written notice to the Authority and to the Trustee, may annul each declaration and <br />destroy its effect at any time if all agreements with respect to which default has been made are <br />fully performed and all such defaults are cured, and all arrears of interest upon all Bonds <br />outstanding and the reasonable expenses and charges of the Trustee, its agents and attorneys, <br />and all other indebtedness secured by the Trust Agreement, except the principal of any Bonds <br />not then due by their terms and interest accrued thereon since the then last interest payment <br />date, are paid. or the. amount thereof is paid to the Trustee.- for the. benefit of those entitled <br />thereto, <br />In case of the happening and continuance of any event of default, the Trustee may, and- <br />shall upon the written request of the registered owners of at least 25% in principal amount of <br />the Bonds then outstanding and upon being indemnified to its reasonable satisfaction, proceed <br />to protect and enforce its rights and the rights,of the registered owners of the Bonds by suit or <br />suits in equity or at law, or in any court of competent jurisdiction, whether for specific <br />performance of any covenant or agreement contained in the Trust Agreement or in aid of any <br />power granted in the Trust Agreement, or for. the enforcement: of any other appropriate-legal or <br />equitable remedy. <br />All money received by the Trustee pursuant to any right given or action taken by the <br />Trustee upon default will be applied as follows: <br />(i) to the payment of all costs and expenses of the proceedings resulting in <br />the collection of such money and the expenses incurred by the Trustee; <br />(ii) unless the principal of all the Bonds shall have become or have been <br />declared due and payable, all such moneys shall be applied: <br />First--To the payment of the persons entitled thereto of all installments of <br />interest then due on the Bonds, in the order of the maturity of the installments of <br />such interest and, if the amount available shall not be sufficient to pay in full any <br />particular installment, then to the payment ratably, according to the amounts <br />due on such installment, of the persons entitled thereto, without any <br />discrimination or privilege; and <br />
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