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2024-01-06
CITY-OF-BATESVILLE
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2024-01-06
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other remedy hereunder. It is understood and intended that no one or more owners of the bonds <br /> shall have any right in any manner whatever by his or their action to affect, disturb or prejudice <br /> the security of this Ordinance, or to enforce any right hereunder except in the manner herein <br /> provided, that all proceedings at law or in equity shall be instituted, had and maintained in the <br /> manner herein provided and for the benefit`of all owners of the outstanding bonds, and that-any <br /> individual rights of action or other right given to one or more of such owners by law are restricted <br /> by this Ordinance to the rights and remedies herein provided. <br /> (c) All rights of action under this Ordinance or under any of the bonds, <br /> enforceable by the Trustee, may be enforced by it without the possession of any of the bonds, and <br /> any such suit, action or proceeding instituted by the Trustee shall be brought in its name and for <br /> the benefit of all the owners of the bonds, subject to the provisions of this Ordinance. <br /> (d) No remedy herein conferred upon or reserved to the Trustee, the-Insurer.or <br /> to the owners of the bonds.is intended to be exclusive of any other remedy or remedies herein <br /> provided; and each and every such remedy shall be cumulative and shall be in addition to every <br /> other remedy given hereunder or given by,any law or by the Constitution of the State. <br /> (e) No delay or omission.ofthe Trustee,the Insurer or any owners of the bonds <br /> to exercise any right or power accrued upon any default shall impair any such right or power or <br /> shall be construed to be a waiver of any such default or an acquiescence therein, and every power <br /> and remedy given by this Ordinance to the Trustee, to the Insurer 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) Subject to the provisions of subparagraph (g) below, the Trustee may, and <br /> upon the written request of the owners of not less than a majority of the owners in principal amount <br /> of the bonds then outstanding shall, waive any default which shall have been remedied before the <br /> entry of final judgment or decree in any suit, action or proceeding instituted under the provisions <br /> of this Ordinance or before the completion of the enforcement of any other remedy, but no such <br /> waiver shall extend to or affect any other existing or any subsequent default or defaults or impair <br /> any rights or remedies consequent thereon. <br /> (g) Notwithstanding the above, upon the occurrence and continuance of a <br /> default, the Insurer shall be deemed to be the sole holder of the bonds'for all purposes under this <br /> Ordinance, including, without limitation, for purposes of exercising remedies and approving <br /> amendments. <br /> Section 16. (a) When the Series 2024A Bonds have been executed and sealed <br /> as herein provided,they shall be delivered to the Trustee,which shall authenticate them and deliver <br /> them to or at the direction of the Purchaser upon payment of the 2024A Purchase Price. Unless <br /> paid by the Purchaser as part of the 2024A Purchase Price,the amount necessary to pay the portion <br /> of the premium for the Insurance Policy for the.Series 2024A Bonds shall be paid to the Insurer. <br /> The amount necessary to fund a portion of the Debt Service Reserve Account shall be deposited <br /> into the Debt Service Reserve Account in the Bond Fund. The amount that is sufficient, along <br /> with.other available moneys, to accomplish the Refunding shall be deposited with the trustee for <br /> the Bonds Refunded. The balance of the 2014A Purchase Price shall be deposited into a special <br /> 24 <br />
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