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EDC Packet 2.6.25
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EDC Packet 2.6.25
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Dept of Community Investment
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<br />41 <br />account of the Issuer shall not be deemed to be outstanding hereunder for the purpose of <br />determining whether such requirement has been met. Proof of the execution of any such consent, <br />request, direction, approval, objection or other instrument or of the writing appointing any such <br />agent and of the ownership of Bonds; if made in the following manner, shall be sufficient for any <br />of the purposes of this Indenture, and shall be conclusive in favor of the Trustee with regard to any <br />action taken under such request or other instrument, namely: <br />(a) The fact and date of the execution by any person of any such writing may be proved <br />by the certificate of any officer in any jurisdiction who by law has power to take acknowledgments <br />within such jurisdiction that the person signing such writing acknowledged before him the <br />execution thereof, or by affidavit of any witness to such execution. <br />(b) The fact of the holding by any person of Bonds transferable by delivery and the <br />amounts and numbers of such Bonds, and the date of the holding of the same, may be proved by a <br />certificate executed by any trust company, Bank or Bankers, wherever situated, stating that at the <br />date thereof the party named therein did exhibit to an officer of such trust company or Bank or to <br />such Banker, as the property of such party, the Bonds therein mentioned if such certificate shall <br />be deemed by the Trustee to be satisfactory. The Trustee may, in its discretion, require evidence <br />that such Bonds have been deposited with a Bank, Bankers or trust company, before taking any <br />action based on such ownership. In lieu of the foregoing, the Trustee may accept other proofs of <br />the foregoing as it shall deem appropriate. <br />For all purposes of this Indenture and of the proceedings for the enforcement <br />hereof, such person shall be deemed to continue to be the holder of such Bonds until the Trustee <br />shall have received notice in writing to the contrary. <br />Section 11.6. Limitation of Rights. With the exception of rights herein expressly <br />conferred, nothing expressed or mentioned in or to be implied from this Indenture, or the Bonds is <br />intended or shall be construed to give to any person other than the parties hereto, and the Company, <br />and the holders of the Bonds, any legal or equitable right, remedy or claim under or in respect to <br />this Indenture or any covenants, conditions and provisions herein contained, this Indenture and all <br />of the covenants, conditions and provisions hereof being intended to be and being for the sole and <br />exclusive benefit of the parties hereto and the Company and the holders of the Bonds as herein <br />provided. <br />Section 11.7. Severability. If any provision of this Indenture shall be held or <br />deemed to be or shall, in fact, be inoperative or unenforceable as applied in any particular case in <br />any jurisdiction or jurisdictions or in all jurisdictions, or in all cases because it conflicts with any <br />other provision or provisions hereof or any constitution or statute or rule of public policy, or for <br />any other reason, such circumstances shall not have the effect of rendering the provision in <br />question inoperative or unenforceable in any other case or circumstance, or of rendering any other <br />provision or provisions herein contained invalid, inoperative, or unenforceable to any extent <br />whatever. <br />The invalidity of any one or more phrases, sentences, clauses or Sections in this <br />Indenture contained, shall not affect: the remaining portions of this Indenture, or any part thereof. <br />Section 11.8. Notices. All notices, demands, certificates or other communications <br />hereunder shall be sufficiently given and shall be deemed given when mailed by registered or
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