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884
CITY-OF-BATESVILLE
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4/30/2019 4:28:56 PM
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I*W NN..> <br />-14- <br />Section 11. (a) <br />That if there be any default in the payment <br />of the principal of and interest on any of the bonds, or if the City <br />defaults in any Bond Fund requirement or in the performance of any <br />other covenant contained in this Ordinance, the Trustee may, and upon <br />the written request of the holders of not less than ten percent (100) <br />in principal amount of the bonds then outstanding shall, by proper <br />suit compel the performance of the duties of the officials of the - <br />City under the Constitution and laws of the State of Arkansas and <br />under this Ordinance and protect and enforce the rights of the bondholders <br />by acceleration, instituting appropriate proceedings in law or equity <br />or other action deemed necessary or desirable by the Trustee. <br />(b) No holder of any bond shall have any right to institute <br />any suit, action, mandamus or other proceeding in equity or at law <br />for the protection or enforcement of any right under this Ordinance <br />or under the Constitution and laws of the State of Arkansas unless <br />such holder previously shall have given to the Trustee written notice <br />of the default on account of which such suit, action or proceeding is <br />to be taken, and unless the holders of not less than ten percent <br />(100) in principal amount of the bonds then outstanding shall have <br />made written request of the Trustee after the right to exercise such <br />powers or right of action, as the case may be, shall have accrued, <br />r- <br />and <br />and shall have afforded the Trustee a reasonable opportunity either <br />to proceed to exercise the powers herein granted or granted by the <br />Constitution and laws of the State of Arkansas, or to institute such <br />action, suit or proceeding in its name, and unless, also, there shall <br />have been offered to the Trusteelreasonable security and indemnity <br />y <br />against the cost, expenses and liabilities to be incurred thereon or <br />thereby and the Trustee shall have refused or neglected to comply <br />with such request within a reasonable time, and such notification, <br />request and offer of indemnity are hereby declared in every such <br />case, at the option of the Trustee, to be conditions precedent to the <br />
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