08-10-09 Common Council Meeting Agenda & Packet

Home Browse Search

writing, except for any tax or other governmental charge which may be required to be paid with respect to such transfer or exchange. The Registrar shall not be obligated to make any exchange or transfer of this Bond (i) during the fifteen (15) days immediately preceding an interest payment date on this Bond or (ii)after the mailing of any notice calling this Bond for redemption. The City, the Registrar and any Paying Agent for this Bond may treat and consider the person in whose name this Bond is registered as the absolute owner hereof for all purposes including for the purpose of receiving payment of, or on account of, the principal hereof and the redemption premium, if any, and interest due hereon. In the event this Bond is mutilated, lost, stolen or destroyed, the City may cause to be executed and the Registrar may authenticate a new bond of like date, maturity and denomination as this Bond, which new bond shall be marked in a manner to distinguish it from this Bond; provided, that in the case of this Bond being mutilated, this Bond shall first be surrendered to the Registrar, and in the case of. this Bond being lost, stolen or destroyed, there shall first be furnished to the Registrar evidence of such loss, theft or destruction satisfactory to the City and to the Registrar, together with indemnity satisfactory to them. In the event that this Bond, being mutilated, lost, stolen or destroyed, shall have matured or been called for redemption, instead of causing to be issued a duplicate bond the Registrar may pay this Bond upon surrender of this mutilated bond or upon satisfactory indemnity and proof of loss, theft or destruction in the event this Bond is lost, stolen or destroyed. In such event, the City and the Registrar may charge the owner of this Bond with their reasonable fees and expenses in connection with the above. Every substitute bond issued by reason of this Bond being lost, stolen or destroyed shall, with respect to this Bond, constitute a substitute contractual obligation of the City, whether or not this Bond, being lost, stolen or destroyed shall be found at any time, and shall be entitled to all the benefits of the Ordinance, equally and proportionately with any and all other bonds duly issued thereunder. In the manner provided in the Ordinance, the Ordinance and the rights and obligations of the City and the owners of the bonds of this issue authorized thereunder, including this Bond, may (with certain exceptions as stated in the Ordinance) be modified or amended with the consent of the owners of at least sixty-six and two-thirds percent (66-2/3%) in aggregate principal amount of such bonds exclusive of any such bonds which maybe owned by the City. The Registered Owner of this Bond, by the acceptance hereof, hereby agrees to all the terms and provisions contained in the Ordinance. The City hereby certifies, recites and declares that all acts, conditions and things required to be done precedent to and in the preparation, execution, issuance and delivery of this Bond have been done and performed in regular and due form as required by law. BDDBO 1 5738468v 1 A-6