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2008-11-01
CITY-OF-BATESVILLE
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2008-11-01
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• ARTICLE IX <br /> REDEMPTION OF BONDS <br /> Section 9.1. Qptional Redemption of Bonds. The Company shall have and is hereby <br /> granted the option to prepay installments payable hereunder for the purpose of redeeming prior to <br /> maturity the Bonds, in whole or in part,pursuant to Section 301 of the Indenture. <br /> Section 9.2. Amounts Payable by Company. (a) In the case of a prepayment for the <br /> redemption of the Bonds in whole pursuant to Section 9.1 hereof,the amount to be prepaid by the <br /> Company hereunder (which shall fully discharge the obligation of the Company to make Lease <br /> Payments hereunder)will be a sum sufficient,together with other funds deposited with Trustee and <br /> available for such purpose, to pay (1) the principal of all Bonds then outstanding, plus interest <br /> accrued and to accrue to the date upon which the Bonds will be redeemed,pursuant to the Indenture, <br /> (2)all reasonable and necessary fees and expenses of the Trustee and any paying agent accrued and <br /> to accrue through final payment of the Bonds, and(3) all other liabilities of the Company accrued <br /> and to accrue under this Lease Agreement. <br /> (b) In case of a prepayment for the redemption of the Bonds in part pursuant to Section <br /> 9.1 hereof, the amount to be prepaid by the Company hereunder will be a sum sufficient, together <br /> with other funds deposited with Trustee and available for such purpose, to pay(1) the principal of <br /> all Bonds then being redeemed,plus interest accrued and to accrue to the date upon which the Bonds <br /> • will be redeemed,pursuant to the Indenture, (2) all reasonable and necessary fees and expenses of <br /> the Trustee and any paying agent accrued and to accrue in connection with said redemption,and(3) <br /> all other liabilities of the Company accrued and to accrue under this Lease Agreement in connection <br /> with said redemption. <br /> (c) The Company agrees to and shall pay to the Trustee any amount required to be paid <br /> by it under this Section 9.2, and the Trustee shall be directed to use the moneys so paid to it to <br /> redeem the Bonds pursuant to the provisions of the Indenture. Any amount required to be paid under <br /> this Section 9.2, shall not be deemed to be paid until immediately available funds are received by <br /> the Trustee. <br /> Section 9.3. Procedure for Exercise oftion. To exercise the option granted in this <br /> Article IX, the Company shall give written notice to the Issuer and the Trustee which shall specify <br /> therein the date upon which redemption of the Bonds will be made. Such date shall not be less than <br /> forty-five (45)days from the date the notice is given. Upon receipt of such notice, the Issuer shall <br /> forthwith take all steps (other than the payment of the money required for such redemption) <br /> necessary under the applicable provisions of the Indenture to effect redemption of all or part,as the <br /> case may be,of the Bonds on the earliest practicable date thereafter on which such redemption may <br /> be made under the applicable provisions of the Indenture. <br /> 24 <br />
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