Laserfiche WebLink
• its name and for the benefit of all the owners of the Bonds, subject to the provisions of the <br /> Authorizing Ordinance. <br /> (d) No remedy conferred upon or reserved to the Trustee or to the owners of the <br /> Bonds is intended to be exclusive of any other remedy or remedies, and each and every such <br /> remedy shall be cumulative and shall be in addition to every other remedy given under the <br /> Authorizing Ordinance or given by any law or by the Constitution of the State. <br /> (e) No delay or omission of the Trustee or of any owners of the Bonds to exercise any <br /> right or power accrued upon any default shall impair any such right or power or shall be <br /> construed to be a waiver of any such default or an acquiescence therein, and every power and <br /> remedy given by the Authorizing Ordinance to the Trustee and to the owners of the Bonds, <br /> respectively, may be exercised from time to time and as often as may be deemed expedient. <br /> (f) The Trustee may, and upon the written request of the owners of not less than a <br /> majority in principal amount of the Bonds then outstanding shall, waive any default which shall <br /> have been remedied before the entry of final judgment or decree in any suit, action or <br /> proceeding instituted under the provision of the Authorizing Ordinance or before the completion <br /> of the enforcement of any other remedy, but no such waiver shall extend to or affect any other <br /> existing or any subsequent default or defaults or impair any rights or remedies consequent <br /> thereon. <br /> Defeasance. The Bonds shall be deemed paid when there has been deposited with the Trustee an <br /> amount sufficient to pay the principal or redemption price of and interest on the Bonds to the <br /> date of maturity or redemption. The Bonds shall also be deemed paid if there shall be <br /> irrevocably deposited with the Trustee moneys sufficient to make such payment and/or <br /> Government Securities which are direct obligations of the United States of America maturing as <br /> • to principal and interest in such amounts and at such times as will provide sufficient moneys to <br /> make such payment, and all necessary and proper fees, compensation and expenses of the <br /> Trustee with respect to which such deposit is made shall have been paid or the payment thereof <br /> provided for to the satisfaction of the Trustee. <br /> In case of any defeasance of the Bonds, redemption of defeased Bonds shall be scheduled on the <br /> basis of mandatory redemption requirements and assuming annual collections of the Bond Tax in <br /> an amount equal to receipts for the most recent twelve-month period. <br /> On the payment of any Bonds within the meaning of the Authorizing Ordinance, the Trustee <br /> shall hold in trust, for the benefit of the owners of such Bonds, all such moneys and/or <br /> Government Securities. <br /> When all the Bonds shall have been paid within the meaning of the Authorizing Ordinance, if the <br /> Trustee has been paid its fees and expenses or provision has been made therefor and if all <br /> arbitrage rebate payments due the United States under Section 148(f) of the Code have been <br /> paid, the Trustee shall take all appropriate action to cause (i) the pledge and lien of the <br /> Authorizing Ordinance to be discharged and cancelled, (ii) all moneys held by it pursuant to the <br /> Authorizing Ordinance and which are not required for the payment of such Bonds, to be paid <br /> over or delivered to or at the direction of the City. <br /> No Parity Bonds. The City covenants that it will not issue any additional bonds or incur any <br /> additional obligation, secured by a lien on or pledge of the Tax receipts, except as hereinafter <br /> provided. The City reserves the right to issue additional bonds secured by a lien on or pledge of <br /> the receipts of the Permanent Tax on a subordinate basis to the pledge securing the Bonds. <br /> The Trustee. The Trustee shall be responsible for the exercise of good faith and ordinary <br /> prudence in the execution of its trusts and duties. The recitals in the Authorizing Ordinance and <br /> ® in the Bonds are the recitals of the City and not of the Trustee. The Trustee shall not be required <br /> 16 <br />