1991-11-15 Resolution 46 - Laserfiche WebLink

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proceedings for the entire amount due and payable by the Authority under this.. Agreement, may be enforced by the Trustee without the possession of any_of:the Bonds or the production thereof in any trial or other proceeding relating thereto, and any suit or proceeding instituted by the Trustee shall be brought in its name as Trustee, and any recovery shall be for the equal benefit of the holders of the outstanding Bonds. Sec. 7.08. It is hereby declared and agreed, as a condition upon which each successive holder of all or any such Bonds receives and holds the same, that no holder or holders of any such Bond shall have the right to institute any proceeding at law or in equity, or far the appointment of a receiver, or (except for filing of claims with the Treasurer of the State of Indiana) for any other remedy under this Agreement, without first giving notice in writing to the Trustee of the occurrence and continuance of an event of default as aforesaid, and unless the holders of at least twenty- five percent (25~) in principal amount of the then outstanding Bonds shall have made written request to the .Trustee and shall have offered it reasonable opportunity either to proceed to exercise the powers hereinbefore granted or to institute such action, suit or proceeding in its own name, and without also having offered to the Trustee adequate security and indemnity against the costs, expenses and liabilities to be by the Trustee incurred therein or thereby; and such notice, request, and offer of indemnity may be required by the Trustee as conditions precedent to the execution of the powers and trusts of this Agreement or to the institution of any ~ suit,` action or proceeding at law or in equity or for the appointment of a receiver, or for any other remedy hereunder, or otherwise, in-case of any such default as aforesaid; it being understood and intended that no one or more holders of the Bonds .shall have any right in any manner whatsoever, to affect, disturb or prejudice the lien of this Agreement by his or their action, or to enforce any ,right hereunder except in the manner herein provided, and that all proceedings at law or in equity shall be instituted, had and maintained in the manner herein provided, and ---for .the equal benefit of all holders of outstanding Bonds. Notwithstanding any other provisions of this Agreement, the right of any holder of any Bond to receive payment of the principal of and premium, if any, and interest on such Bond on or after the respective due dates therein expressed, or to institute suit for the recovery of any such payment on or after such respective dates, .shall not be impaired or affected without the consent of such holder. • -26-