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07
City of Pleasanton
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07
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2/3/2017 12:46:45 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
2/7/2017
DESTRUCT DATE
15Y
DOCUMENT NO
07
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(2) if default shall be made by the City in the performance of any of the <br /> agreements or covenants contained herein required to be performed by it, and such <br /> default shall have continued for a period of thirty days after the City shall have been <br /> given notice in writing of such default by the Authority or the Trustee, or <br /> (3) if the City shall file a petition or answer seeking arrangement or <br /> reorganization under the federal bankruptcy laws or any other applicable law of the <br /> United States of America or any state therein, or if a court of competent jurisdiction shall <br /> approve a petition filed with or without the consent of the City seeking arrangement or <br /> reorganization under the federal bankruptcy laws or any other applicable law of the <br /> United States of America or any state therein, or if under the provisions of any other law <br /> for the relief or aid of debtors any court of competent jurisdiction shall assume custody or <br /> control of the City or of the whole or any substantial part of its property, or <br /> (4) any event of default in connection with any Bonds or Contracts <br /> then and in each and every such case during the continuance of such Event of Default specified <br /> in clause (1) above, the Trustee shall, and for any other such Event of Default the Trustee may, <br /> by notice in writing to the City given not later than three (3) Business Days after it receives <br /> notice of an Event of Default or direction to proceed under an Event of Default, declare the entire <br /> principal amount of the unpaid 2017 Installment Sale Payments and the accrued interest thereon <br /> to be due and payable immediately, and upon any such declaration the same shall become <br /> immediately due and payable, anything contained herein to the contrary notwithstanding. This <br /> subsection is subject to the condition, however, that if at any time after the entire principal <br /> amount of the unpaid 2017 Installment Sale Payments and the accrued interest thereon shall have <br /> been so declared due and payable and before any judgment or decree for the payment of the <br /> money due shall have been obtained or entered the City shall deposit with the Trustee a sum <br /> sufficient to pay the unpaid principal amount of the 2017 Installment Sale Payments due and <br /> payable prior to such declaration and the accrued interest thereon, with interest on such overdue <br /> installments at the rate or rates applicable to such unpaid principal amounts of the 2017 <br /> Installment Sale Payments if paid in accordance with their terms, and the reasonable fees and <br /> expenses of the Trustee, and any and all other defaults known to the Trustee (other than in the <br /> payment of the entire principal amount of the unpaid 2017 Installment Sale Payments and the <br /> accrued interest thereon due and payable solely by reason of such declaration) shall have been <br /> made good or cured to the satisfaction of the Trustee or provision deemed by the Trustee to be <br /> adequate shall have been made therefor,then and in every such case the Trustee, by written <br /> notice to the City, may rescind and annul such declaration and its consequences, but no such <br /> rescission and annulment shall extend to or shall affect any subsequent default or shall impair or <br /> exhaust any right or power consequent thereon <br /> SECTION 6 02 Application of Net Water Revenues Upon Acceleration All Net <br /> Water Revenues upon the date of the declaration of acceleration by the Trustee as provided in <br /> Section 6 01 and all Net Water Revenues thereafter received shall be applied on a pro-rata basis <br /> with the Contracts and Bonds in the following order <br /> 16 <br /> 27626823 <br />
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