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1990-12-17 Resolution 26
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1990-12-17 Resolution 26
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7/17/2008 2:02:19 PM
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. Bonds, by written notice to the Authority and to the Trustee, to <br />annul each declaration and destroy its effect at any time if all <br />agreements with respect to which default shall have been made shall <br />be fully. performed and all such defaults be cured, and all arrears <br />of interest upon all Bonds outstanding hereunder and the reasonable <br />expenses and charges of the Trustee, its agents and attorneys, and <br />all other indebtedness secured hereby, except the principal of any <br />Bonds not then due by their terms and interest accrued thereon <br />since the then last interest payment date, shall be paid or the <br />amount thereof shall be paid to the Trustee for the benefit of <br />those entitled thereto. <br />Sec. 7.03. If default occurs with respect to the payment <br />of principal or interest due hereunder, interest shall be payable <br />on overdue principal and overdue interest both at the highest rate <br />of interest on any of the Bonds when sold, whether or not then <br />outstanding. <br />Sec. 7.04. In case of the happening and continuance of any <br />of the events of default specified in Section 7.01, the Trustee <br />may, and shall upon the written request of the holders of at least <br />twenty-five percent (25%) in principal amount of the Bonds then <br />outstanding hereunder and upon being indemnified to its reasonable <br />satisfaction, proceed to protect and enforce its rights and the <br />rights of the holders of the Bonds by suit or suits in equity or <br />at law, or in any court of competent jurisdiction, whether for <br />. specific performance of any covenant or agreement contained herein <br />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 Trustee or to the Bondholders is intended to be <br />exclusive of any other remedy, but each and every such remedy shall <br />be cumulative and shall be in addition to any other remedy given <br />hereunder or now or hereafter existing at law or in equity or by <br />statute. <br />No delay or omission to exercise any right or power accruing <br />upon any default shall impair any such right or power, or shall be <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 hereunder, the Trustee shall be <br />entitled, as a matter of right, to the appointment of a receiver <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 />• -31- <br />
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