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RES 2024025
City of Pleasanton
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RES 2024025
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
5/7/2024
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<br />-16- <br />City in any proceedings instituted under the provisions of the Federal Bankruptcy <br />Code, as amended, or under any similar acts which may hereafter be enacted. <br /> <br />(e) The occurrence of any event defined to be an event of default <br />under any Parity Debt Instruments. <br /> <br />SECTION 6.2. Remedies on Default. If an Event of Default occurs and is continuing, <br />the Trustee as assignee of the Authority has the right, at its option and without any further <br />demand or notice, to take any one or more of the following actions: <br /> <br />(a) Declare all principal components of the unpaid Installment <br />Payments, together with accrued interest thereon at the Overdue Rate from the <br />immediately preceding Interest Payment Date on which payment was made, to <br />be immediately due and payable, whereupon the same shall immediately <br />become due and payable. <br /> <br />Notwithstanding the foregoing provisions of this subsection (a), the <br />Trustee shall rescind and annul such declaration and its consequences if, before <br />any judgment or decree for the payment of the moneys due has been obtained or <br />entered, (i) the City deposits with the Trustee a sum sufficient to pay all principal <br />components of the Installment Payments coming due prior to such declaration <br />and all matured interest components (if any) of the Installment Payments, with <br />interest on such overdue principal and interest components calculated at the <br />Overdue Rate, and (ii) the City pays the reasonable expenses of the Trustee <br />(including any fees and expenses of its attorneys), and (iii) any and all other <br />defaults known to the Trustee (other than in the payment of the principal and <br />interest components of the Installment Payments due and payable solely by <br />reason of such declaration) have been made good. No such rescission and <br />annulment will extend to or shall affect any subsequent default, or impair or <br />exhaust any right or power consequent thereon. <br /> <br />(b) Take whatever action at law or in equity may appear necessary or <br />desirable to collect the Installment Payments then due or thereafter to become <br />due during the Term of this Agreement, or enforce performance and observance <br />of any obligation, agreement or covenant of the City under this Agreement. <br /> <br />(c) As a matter of right, in connection with the filing of a suit or other <br />commencement of judicial proceedings to enforce the rights of the Trustee and <br />the Bond Owners hereunder, cause the appointment of a receiver or receivers of <br />the Gross Revenues and other amounts pledged hereunder, with such powers as <br />the court making such appointment may confer. <br /> <br />SECTION 6.3. No Remedy Exclusive. No remedy herein conferred upon or reserved <br />to the Authority is intended to be exclusive. Every such remedy is cumulative and in addition to <br />every other remedy given under this Agreement or now or hereafter existing at law or in equity. <br />No delay or omission to exercise any right or power accruing upon any default impairs any such <br />right or power or operates as a waiver thereof, but any such right and power may be exercised <br />from time to time and as often as may be deemed expedient. In order to entitle the Authority to <br />exercise any remedy reserved to it in this Article VI, it is not necessary to give any notice, other <br />than such notice as may be required in this Article VI or by law. <br />
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