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854 (2)
CITY-OF-BATESVILLE
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854 (2)
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4/30/2019 4:20:10 PM
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8/21/2018 9:13:56 AM
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C'A <br />(b) If there be any default in the payment of the <br />principal of or interest on any of the bonds, or if the City <br />defaults in any Bond Fund requirements or in the performance <br />of any of the other covenants contained and set forth in <br />this Ordinance, the Trustee may, and upon the written request <br />of the holders and registered owners of not less than ten <br />percent (loo) in principal amount of the bonds then outstanding <br />shall, by proper suit compel the performance of the duties <br />of the officials of the City under the laws of Arkansas. And, <br />in the case of a default in the payment of the principal of <br />and interest on any of the bonds, the Trustee may, and upon <br />the written request of holders or registered owners of not <br />less than ten percent (100) in principal amount of the bonds <br />then outstanding shall, apply in a proper action to a court of <br />competent jurisdiction for the appointment of a receiver to <br />administer the System on behalf of the City and the holders <br />and registered owners with power to charge and collect (or <br />by mandatory injunction or otherwise to cause to be charged and <br />collected) rates sufficient to provide for the payment of the <br />expenses of operation, maintenance and repair and to pay any <br />bonds and interest outstanding and to apply the revenue in <br />conformity with the laws of Arkansas and with this Ordinance. <br />When all defaults in principal and interest payments have <br />been cured, the custody and operation of the System shall <br />revert to the City. <br />(c) No holder or registered owner of any of the out- <br />standing bonds shall have any right to institute any suit, <br />action, mandamus or other proceeding in equity or in law <br />for the protection or enforcement of any right under this <br />Ordinance or under the laws of Arkansas unless such holder <br />or registered owner previously shall have given to the Trustee <br />written notice of the default on account of which such suit, <br />action or proceeding is to be taken, and unless the holders and <br />
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