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1994-05-17 Resolution 91
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1994-05-17 Resolution 91
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1/29/2013 8:33:50 AM
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r <br />1. Prior to closing on the Boucle any Ya 199' there shaIl be depose a+ith <br />• LYTC one Bond certliitnte �ered <br />. s e of DTC's nominee, Cede'& Cafor each stated <br />maturity, of the Sends in the face jamountsx et forth on'.S,chectule A hereto, a of wliteh " <br />n <br />represe ts 100 of the pnnc enaui�t` Hof sucizbnds. I£, "however, 'the agegate principal ` <br />amount of any maturity exceeds $1 0 mill�ort, one oeiiifzCate will be issued with iespeet to 'each <br />$154 million of prncipal amount and an additional eeti ficate ;will be issued with to <br />remaining principal amount. Each �15t? mill%n Bond certificate shall bear the foItovvinglegencl <br />Unless this certificate is "presented by ari authorized representative of The Depository Trost <br />Company, a New York eorporntion ( "D'i'C'), to Issuer or Its agent S. r'registration of transfer,:. <br />exchange, or payment, and any oertificate issued is registered in the nine of Cede & Co.," in <br />such other name as is requested by an authorized representative of l7TC (and airy payment is <br />made to Cede & Co.. or to such other entity as is requested by an authorized representative of <br />DTQ, ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR ` <br />OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered <br />owner hereof, Cede & Co., has an interest herein. <br />2. In the event of any solicitation of consents from or voting by holders of the Bonds. Issuer or <br />Agent shall establish a record date for such purposes (with no provision for revoc atiori of consents or <br />votes by subsequent holders) and shall, to the extent possible, send notice of such record date to <br />DTC not less than 15 calendar days in advance of such record date. <br />& In the event of a full or partial redemption or an advance refunding of part of the outstanding <br />Bonds, Issuer or Agent shall send a notice to DTC specifying. (a) the amount of the redemption or <br />refunding; (b) in the case of a refunding, the maturity date(s) established under the refunding; and <br />(c) the date such notice is to be mailed to beneficial owners or published (the "Publication Date "). <br />• Such notice shall be sent to DTC by a secure means (e.g., Iegible telecopy, registered or certified <br />mail, overnight delivery) in a timely manner designed to assure that such notice is in DTC's <br />possession no later than the close of business on the business day before the Publication Date. <br />Issuer or Agent shall forward such notice either in a separate secure transmission for each CUSIP <br />number or in a secure transmission for multiple CUSIP numbers (if applicable) which includes a <br />manifest or list of each CUSIP submitted in that transmission. (The party sending such notice shall <br />have a method to verify subsequently the use of such means and the timeliness "of such notice.) The <br />Publication Date shall be not less than 30 days nor more than 60 days prior to the redemption date <br />or, in the case of an advance refunding, the date that the proceeds are deposited in escrow. <br />4. In the event of an imitation to tender the Bonds, notice by Issuer or Agent to Bondholders <br />specifying the terms of the tender and the Publication Date of such notice shall be sent to DTC by a <br />secure means in the manner set forth in the preceding Paragraph. <br />S. All notices and payment advises sent to DTC shall contain the CUSIP number of the Bonds, <br />6. Notices to DTC pursuant to Paragraph 2 by telecopy shall be sent to DTC's Reorganization <br />Department at (212) 709 -6896 or (212) 709 -6897, and receipt of such notices shall be <br />confirmed by telephoning (212) 7(?9-M70. Notices to DTC pursuant to Paragraph 2 lry mad or by <br />any other means shall be sent to: <br />Supervisor; Proxy <br />Reorganization Department ; <br />The Depository Bust Company <br />7 Hanover Square; 23rd Floor <br />• New York, NY 10004 -2695 <br />
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