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04-28-14 Council Agenda & Packet
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04-28-14 Council Agenda & Packet
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4/24/2014 12:06:42 PM
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4/24/2014 12:03:03 PM
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City Council - City Clerk
City Council - Document Type
Agendas
City Counci - Date
4/28/2014
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1. An extension of the maturity of the principal of or interest or <br />premium, if any, on any 2014 Bond or an advancement of the earliest redemption date on <br />any 2014 Bond, without the consent of the holder of each 2014 Bond so affected; or <br />2. A reduction in the principal amount of any 2014 Bond or the <br />redemption premium or rate of interest thereon, or a change in the monetary medium in <br />which such amounts are payable, without the consent of the holder of each 2014 Bond so <br />affected; or <br />3. A preference or priority of any 2014 Bond over any other 2014 <br />Bond, without the consent of the holders of all 2014 Bonds then outstanding; or <br />4. A reduction in the aggregate principal amount of the 2014 Bonds <br />required for consent to such supplemental resolution, without the consent of the holders <br />of all 2014 Bonds then outstanding. <br />If the Commission shall desire to obtain any such consent, it shall cause the Registrar to <br />mail a notice, postage prepaid, to the addresses appearing on the Registration Record. Such <br />notice shall briefly set forth the nature of the proposed supplemental resolution and shall state <br />that a copy thereof is on file at the office of the Registrar for inspection by all owners of the 2014 <br />Bonds. The Registrar shall not, however, be subject to any liability to any owners of the 2014 <br />Bonds by reason of its failure to mail such notice, and any such failure shall not affect the <br />validity of such supplemental resolution when consented to and approved as herein provided. <br />Whenever at any time within one year after the date of the mailing of such notice, the <br />Commission shall receive any instrument or instruments purporting to be executed by the owners <br />of the 2014 Bonds of not less than sixty -six and two - thirds per cent (66 -2/3 %) in aggregate <br />principal amount of the 2014 Bonds then outstanding, which instrument or instruments shall <br />refer to the proposed supplemental resolution described in such notice, and shall specifically <br />consent to and approve the adoption thereof in substantially the form of the copy thereof referred <br />to in such notice as on file with the Registrar, thereupon, but not otherwise, the Commission may <br />adopt such supplemental resolution in substantially such form, without liability or responsibility <br />to any owners of the 2014 Bonds, whether or not such owners shall have consented thereto. <br />No owner of any 2014 Bond shall have any right to object to the adoption of such <br />supplemental resolution or to object to any of the terms and provisions contained therein or the <br />operation thereof, or in any manner to question the propriety of the adoption thereof, or to enjoin <br />or restrain the Commission or its officers from adopting the same, or from taking any action <br />pursuant to the provisions thereof. Upon the adoption of any supplemental resolution pursuant to <br />the provisions of this section, this resolution shall be, and shall be deemed, modified and <br />amended in accordance therewith, and the respective rights, duties and obligations under this <br />resolution of the Commission and the City and all owners of 2014 Bonds then outstanding shall <br />thereafter be determined, exercised and enforced in accordance with this resolution, subject in all <br />respects to such modifications and amendments. <br />Notwithstanding anything contained in the foregoing provisions of this resolution, the <br />rights, duties and obligations of the Commission and the City and of the owners of the 2014 <br />16 <br />
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