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764
CITY-OF-BATESVILLE
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4/30/2019 2:22:19 PM
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`r✓ 141W <br />which request shall include a statement of the principal amount of bonds <br />held by such holder and the numbers of such bonds. Neither the City nor <br />the Trustee shall be under any responsibility with regard to the accuracy <br />of said list. At reasonable times and under reasonable regulations estab- <br />lished by the Trustee, said list may be inspected and copied by holders <br />and/or owners (or a designated representative thereof) of ten per cent <br />(10%) or more in principal amount of bonds outstanding hereunder, such <br />ownership and the authority of any such designated representative to be <br />evidenced to the satisfaction of the Trustee. <br />Section 409. A. It is understood and agreed that the Project has <br />been leased to Westport under a Lease and Agreement wherein the City is <br />Lessor and Westport is Lessee (the "Lease Agreement") . The Lease Agreement <br />is recorded in the office of the Circuit Clerk and Ex Officio Recorder of <br />Independence County, Arkansas, and an executed copy is on file in the <br />office of the Clerk of the City and in the office of the Trustee. Reference <br />is hereby made to the Lease Agreement for a detailed statement of the terms <br />and conditions thereof and for a statement of the rights and obligations of <br />the parties thereunder. The lien of this Indenture is subject and subordi- <br />nate to the Lease Agreement. The City agrees, upon the request of the <br />Trustee, to enforce all covenants and obligations of the Lessee under the <br />Lease Agreement and agrees that the Trustee, in its own name or in the <br />name of the City, may and is hereby granted the right to enforce all rights <br />of the Lessor and all obligations of the Lessee under and pursuant to the <br />Lease Agreement, whether or not the Lessor is in default in its covenant <br />to enforce such rights and obligations . <br />
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