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05-26 Ordinance Authorizing the City to Issue One or More Series of its Taxable Economic Development Tax Increment Revenue Bonds and Approving and Authorizing Other Actions in Respect Thereto in Connection With the Colfax Corner ML, LLC Project
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05-26 Ordinance Authorizing the City to Issue One or More Series of its Taxable Economic Development Tax Increment Revenue Bonds and Approving and Authorizing Other Actions in Respect Thereto in Connection With the Colfax Corner ML, LLC Project
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1/21/2026 3:03:49 PM
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transferring to such successor Trustee all the estates, properties, rights, powers and trusts of such <br /> predecessor hereunder;and every predecessor Trustee shall deliver all securities and moneys held <br /> by it as Trustee hereunder to its successor. Should any instrument in writing from the Issuer be <br /> required by any successor Trustee for more fully and certainly vesting in such successor the estate, <br /> rights, powers and duties hereby vested or intended to be vested in the predecessor any and all <br /> such instruments in writing shall, on request, be executed, acknowledged and delivered by the <br /> Issuer.The resignation of any Trustee and the instrument or instruments removing any Trustee and <br /> appointing a successor hereunder, together with all other instruments provided for in this Article <br /> shall be filed by the successor Trustee in each office, if any, where the Indenture shall have been <br /> filed. <br /> Trustee Protected in Relying Upon Resolutions, etc. The resolutions, ordinances, opinions, <br /> certificates and other instruments provided for in this Indenture or the Loan Agreement may be <br /> accepted by the Trustee as conclusive evidence of the facts and conclusions stated therein and shall <br /> be full warrant, protection and authority to the Trustee for the release of property, the withdrawal <br /> of cash or the taking of any other action authorized hereunder; provided, that in the case of any <br /> such document specifically required to be furnished to the Trustee hereby or by the Loan <br /> Agreement, the Trustee shall be under a duty to examine the same to determine whether or not it <br /> conforms to the requirements hereof or thereof. <br /> Section 8.11 Appointment of Paying Agent and Registrar; Resignation or <br /> Removal of Paying Agent. The Trustee is hereby appointed"Paying Agent"under <br /> this Indenture. Any Paying Agent may at any time resign and be discharged of the duties and <br /> obligations created by this instrument and any supplemental indenture by giving at least 30 days' <br /> written notice to the Issuer,the Company and the Trustee. Any Paying Agent may be removed at <br /> any time by an instrument, filed with such Paying Agent and the Trustee and signed by the Issuer <br /> and the Company. Any successor Paying Agent shall be appointed by the Issuer at the direction <br /> of the Company and shall be a bank or trust company duly organized under the laws of any state <br /> of the United States or a national banking association, in each case having a capital stock and <br /> surplus aggregating at least$100,000,000,willing and able to accept the office on reasonable and <br /> customary terms and authorized by law to perform all the duties imposed upon it by this Indenture. <br /> In the event of the resignation or removal of any Paying Agent, such Paying Agent <br /> shall pay over, assign and deliver any moneys or securities held by it as Paying Agent to its <br /> successors, or if there is no successor,to the Trustee. <br /> (End of Article VIII) <br /> 35 <br />
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