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2008-11-01
CITY-OF-BATESVILLE
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2008-11-01
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• Modifications or alterations of the Indenture„or of any indenture supplemental thereto,may <br /> be made only to the extent and in the circumstances permitted by the Indenture. <br /> The Bonds are subject to redemption prior to maturity at the option of the Issuer, to be <br /> exercised solely as directed by the Company,in whole or in part at any time(and if in part,by lot or <br /> in such other manner as may be determined by the Trustee to be fair and equitable),at a redemption <br /> price equal to the principal amount being redeemed plus accrued interest to the redemption date. <br /> In the event any of the Bonds or portions thereof(which shall be $100,000 or any integral <br /> multiple of$5,000 in excess of$100,000) are called for redemption, notice thereof shall be given <br /> by the Trustee by registered or certified mail to the registered owner of each such Bond addressed <br /> to such registered owner at his registered address, and placed in the mails not less than thirty(30) <br /> nor more than sixty(60)days prior to the date fixed for redemption;provided,however,that failure <br /> to give such notice by mailing,or any defect therein, shall not affect the validity of the proceedings <br /> for the redemption of any Bond with respect to which no such failure or defect has occurred. Each <br /> notice shall identify the Bonds or portions thereof being called, and the date on which they shall be <br /> presented for payment. After the date specified in such call,the Bond or Bonds so called will cease <br /> to bear interest provided funds sufficient for their redemption have been deposited with the Trustee, <br /> and, except for the purpose of payment, shall no longer be protected by the Indenture and shall not <br /> be deemed to be outstanding under the provisions of the Indenture. <br /> With respect to notice of redemption of the Bonds, unless moneys sufficient to pay the <br /> • principal of and interest on the Bonds to be redeemed shall have been received by the Trustee prior <br /> to the giving of such notice, such notice shall state that said redemption shall be conditional upon <br /> the receipt of such moneys by the Trustee on or prior to the date fixed for such redemption. If such <br /> moneys shall not have been so received, such notice shall be of no force and effect,the Issuer shall <br /> not redeem such Bonds and the Trustee shall give notice, in the manner in which the notice of <br /> redemption was given, that such moneys were not so received. <br /> This Bond may be transferred on the books of registration kept by the Trustee by the <br /> registered owner or by his duly authorized attorney upon surrender hereof, together with a written <br /> instrument of transfer duly executed by the registered owner or his duly authorized attorney. <br /> The Bonds are issuable as registered Bonds without coupons in denominations of$100,000 <br /> each,or any integral multiple of$5,000 in excess of$100,000. Subject to the limitations and upon <br /> payment of the charges provided in the Indenture, Bonds may be exchanged for a like aggregate <br /> principal amount of Bonds of other authorized denominations. <br /> This Bond is issued with the intent that the laws of the State of Arkansas will govern its <br /> construction. <br /> IT IS HEREBY CERTIFIED, RECITED AND DECLARED that all acts, conditions and <br /> things required to exist,happen and be performed precedent to and in the issuance of the Bonds do <br /> • exist,have happened and have been performed in due time,form and manner as required by law;that <br /> 53 <br />
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