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1990-05-15 Resolution 22
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1990-05-15 Resolution 22
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7/17/2008 1:22:55 PM
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or in aid of any power herein granted, or for the enforcement of <br />any other appropriate legal or equitable remedy. <br />No remedy by the terms of this Agreement conferred upon or <br />reserved to the Truer remed to buteeach and everylsuch tremedy shall <br />exclusive of any oth Y even <br />be cumulative eWdorhhereafter existing at law orhin equity or by <br />hereunder or n <br />statute. <br />No delay or omission to exercise any right owe °W or shalllbe <br />upon any default shall impair any such right or p , <br />construed to be a waiver of any such default or acquiescence <br />therein; and every such right or power may be exercised from time <br />to time and as often as may be deemed expedient. <br />Sec. 7.05. In case of an event of default hereunder and <br />upon the filing of judicial proceedings to enforce the rights of <br />the Trustee and of the Bondholders hereunde ointment of ea receiver <br />entitled, as a matter of right, to the app <br />of the rents, revenues, issues, earnings, income and proceeds <br />thereof pending such proceedings, with such powers as the court <br />making such appointment shall confer. <br />Sec. 7.06. All rights of action under this Agreement or <br />under any of the Bonds, including the right to f oreother similar <br />claim in any receivership, insolvency, bankruptcy, <br />proceedings for the entire amount due and payable by the Authority <br />under this Agreement, may be enforced byroduction tthereofoin any <br />possession of any of the Bonds or the p and any suit or <br />trial or other proceeding relating thereto, <br />proceeding instian t e bo ery shall be for the qua 1 benefit ofnthe <br />as Trustee, and y <br />holders of the outstanding Bonds. <br />Sec. 7.07. It is hereby declared and agreed, as a <br />condition upon which each successive holder of all or any such <br />Bonds receives and holds the same, that no holder or holders of any <br />such Bond shall have the right to institute any proceeding at law <br />or in equity, or for the appointment of a receiver, or (except for <br />filing of claims with the Treasurer of the State of Indiana) for <br />any other remedy under this Agreement, without first giving notice <br />in writing to the Trustee of the occurrence and continuance of an <br />event of default as aforesaid, and unless the holders of at least <br />twenty-five percent (250) in principal amount of the then <br />outstanding Bonds shall have made written request to the Trustee <br />and shall have offered it reasonable opportunity either to proceed <br />to exercise the powers hereinbefore granted or to institute such <br />action, suit or P ustee ade uate secur ty andn demnity aga~nst the <br />offered to the T q <br />• <br />-34- <br />
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