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07
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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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If any action, proceeding or suit to enforce any right or exercise any remedy is <br /> abandoned or determined adversely to the Trustee, the Authority and the City and the Trustee <br /> shall be restored to their former positions, rights and remedies as if such action, proceeding or <br /> suit had not been brought or taken <br /> SECTION 6 05 Remedies Not Exclusive No remedy herein conferred upon or <br /> reserved to the Trustee is intended to be exclusive of any other remedy, and each such remedy <br /> shall be cumulative and shall be in addition to every other remedy given hereunder or now or <br /> hereafter existing in law or in equity or by statute or otherwise and may be exercised without <br /> exhausting and without regard to any other remedy conferred by law <br /> ARTICLE VII <br /> DISCHARGE OF OBLIGATIONS <br /> SECTION 7 01 Discharge of Obligations <br /> (a) If the City shall pay or cause to be paid all the 2017 Installment Sale <br /> Payments at the times and in the manner provided herein, the right, title and interest of the <br /> Authority herein and the obligations of the City hereunder shall thereupon cease, terminate, <br /> become void and be completely discharged and satisfied <br /> (b) Any unpaid principal installment of the 2017 Installment Sale Payments shall <br /> on its payment date or date of prepayment be deemed to have been paid within the meaning of <br /> and with the effect expressed in subsection (a) of this section if the City makes payment of such <br /> 2017 Installment Sale Payments and the prepayment premium, if applicable, in the manner <br /> provided herein <br /> (c) All or any portion of unpaid principal installments of the 2017 Installment <br /> Sale Payments shall, prior to their payment dates or dates of prepayment, be deemed to have <br /> been paid within the meaning of and with the effect expressed in subsection(a) of this section if <br /> (i) notice is provided by the City to the Trustee as required by the Trust Agreement, (u)there <br /> shall have been deposited with the Trustee either money in an amount which shall be sufficient, <br /> or Permitted Investments (as that term is defined in the Trust Agreement) of the type described in <br /> clause (i) of the definition of Permitted Investments and which are not subject to redemption <br /> prior to maturity (including any such Permitted Investments issued or held in book entry form on <br /> the books of the City or the Treasury of the United States of America) or tax-exempt obligations <br /> of a state or a political subdivision thereof which have been defeased under irrevocable escrow <br /> instructions by the deposit of such money or Permitted Investments and which are then rated in <br /> the highest rating category by the Rating Agencies, the interest on and principal of which when <br /> paid will provide money which, together with money, if any, deposited with the Trustee, shall be <br /> sufficient to pay when due the principal installments of such 2017 Installment Sale Payments or <br /> such portions thereof on and prior to their payment dates or their dates of prepayment, as the case <br /> may be, and the prepayment premiums, if any, applicable thereto, and (in) an opinion of <br /> nationally recognized bond counsel is filed with the Trustee to the effect that the action taken <br /> pursuant to this subsection will not cause the interest on the Authority's Series 2017 Bonds to be <br /> includable in gross income under the Code for federal income tax purposes <br /> 18 <br /> 2762682 3 <br />
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