RES 02047 - Laserfiche WebLink

rate or rates and maturity or maturities. Until so exchanged. the temporary Bonds shall be entitled to the same benefits under the Indenture as definitive Bonds delivered pursuant hereto. Section 2.09. Bonds Mutilated. Destroved. Lost or Stolen. If any Bond shall become mutilated. the Trustee, at the expense of the O\\ner of said Bond. shall authenticate and deliver a new Bond of like tenor in exchange and substitution for the Bond so mutilated. but only upon surrender to the Trustee of the Bond so mutilated. Every mutilated Bond so surrendered to the Trustee shall be canceled by it and destroyed or redelivered to. or upon the order of. the Citv. If any Bond shall be lost. destroyed or stolen. evidence of such loss. destruction or theft shall be submitted to the Trustee and the Insurer. and. if such evidence is satisfactory to the Trustee and if an indemnity satisfactory to the Trustee shall be given. the Trustee. at the expense of the O\\ner. shall authenticate and deliver a new Bond of like tenor and numbered as the Trustee shall determine in lieu of and in substitution for the Bond so lost. destroyed or stolen. The Trustee may require payment of a reasonable fee for each new Bond delivered under this Section and of the reasonable expenses which may be incurred by the Trustee in carrying out the duties under this Section 2,09, Any Bond issued under the provisions of this Section in lieu of any Bond alleged to be lost. destroyed or stolen shall be equally and proportionately entitled to the benefits hereof with all other Bonds secured by the Indenture, The Trustee shall not be required to treat both the original Bond and any replacement Bond as being Outstanding for the pUrpose of determining the principal amount of Bonds which may be issued under the Indenture or for the purpose of determining any percentage of Bonds Outstanding under the Indenture. but both the original and replacement Bond shall be treated as one and the same. Notwithstanding any other provision of this Section 2,09. in lieu of delivering a new Bond for a Bond which has been mutilated. lost. destroyed or stolen and which has matured. the Trustee may make payment of such Bond upon receipt of indemnification satisfactory to the Trustee, Section 2.10. Evidence of Signatures of Bond O\\ners and Ownership of Bonds, Any request. direction. consent. revocation of consent. or other instrument in writing required or permitted by the Indenture to be signed or executed by Bond O\\ners may be in any number of concurrent instruments of similar tenor. and may be signed or executed by such Bond Owners in person or by their attorneys or agents appointed by an instrument in writing for that purpose. Proof of the execution of any such instrument. or of any instrument appointing any such attorney or agent. and of the holding and ownership of Bonds shall be sufficient for any purpose hereof (except as otherwise herein provided). if rnade in the Form of the Assignment attached to the Bond in Appendix A hereto. Nothing contained in this Article shall be construed as lirniting the Trustee to such proof. it being intended that the Trustee may accept any other evidence of the matters herein stated which to the Trustee may seem sufficient. Any request or consent of the Owner of any Bond shall bind every future Owner of the same Bond in respect of any1hing done or suffered to be done by the City or the Trustee in pursuance of such request or consent. Pleasanton Cross Town Indenture (2).DOC -14-