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RES 94044
City of Pleasanton
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RES 94044
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4/13/2012 4:23:28 PM
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3/2/1999 7:12:43 PM
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
4/19/1994
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ARTICLE VII <br /> <br /> EVENTS OF DEFAULT AND REMEDIES <br /> <br /> Section 7.01. Events of Default and Events of Mandatory Acceleration; <br /> Acceleration of Maturities. <br /> <br /> If one or more of the following Events of Default shall .happen: <br /> (a) default shall be made in the due and punctual payment by the City of <br />any Installment Payment or any interest thereon when and as the same shall become due and <br />payable; <br /> (b) default shall be made by the City in the performance of any of the <br />agreements or covenants contained herein or in the Trust Agreement required to be performed <br />by it, and such default shall have continued for a period of thirty (30) days after the City shall <br />have been given notice in writing of such default by the Authority or the Trustee; <br /> (c) the City shall file a petition seeking arrangement or reorganization under <br /> federal bankruptcy laws or any other applicable law of the United States of America or any <br /> state therein, or if a court of competent jurisdiction shall approve a petition filed with the <br /> consent of the City seeking arrangement or reorganization under the federal bankruptcy laws <br /> or any other applicable law of the United States of America or any state therein, or if under <br /> the provisions of any other law for the relief or aid of debtors any court of competent <br /> jurisdiction shall assume custody or control of the City or of the whole or any substantial part <br /> of its property; or <br /> (d) an event of default shall have occurred with respect to any Contracts or <br /> Parity Bonds, or with respect to that certain Installment Purchase Contract, dated as of May 1, <br /> 1994, relating to certain sewer improvements of the City, and payments under which are <br /> pledged to secure the same series of Bonds as the Installment Payments; <br /> then and in each and every such case during the continuance of such Event of Default the <br /> Authority may by notice in writing to the City declare the principal amount of the unpaid <br /> Installment Payments, and the accrued interest thereon to be due and payable immediately, <br /> and upon any such declaration the same shall become immediately due and payable, anything <br /> contained herein to the contrary notwithstanding. <br /> This provision, however, is subject to the condition that, except with respect to <br /> an Event of Default under subsection (c) above and subject to section 2.11 (a) of the Trust <br /> Agreement, if at any time after such principal amount of the unpaid Installment Payments and <br /> the accrued interest thereon shall have been so declared due and payable and before the <br /> acceleration date or the date of any judgment or decree for the payment of the money due shall <br /> have been obtained or entered, the City shall deposit with the Trustee a sum sufficient to pay <br /> <br /> 22 <br /> <br /> 9406701W.LA 1 <br /> <br /> <br />
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