My WebLink
|
Help
|
About
|
Sign Out
Home
Browse
Search
2024-01-18-AGENDA-Special
CITY-OF-BATESVILLE
>
Web Folders
>
Agendas
>
City Council Agendas
>
2024
>
2024-01-18-AGENDA-Special
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
1/17/2024 2:57:33 PM
Creation date
1/17/2024 2:56:50 PM
Metadata
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
39
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
View images
View plain text
other remedy hereunder. It is understood and intended that no one or more owners of the bonds <br />shall have any right in any manner whatever by his or their action to affect, disturb or prejudice <br />the security of this Ordinance, or to enforce any right hereunder except in the manner herein <br />provided, that all proceedings at law or in equity shall be instituted, had and maintained in the <br />manner herein provided and for the benefit of all owners of the outstanding bonds, and that any <br />individual rights of action or other right given to one or more of such owners by law are restricted <br />by this Ordinance to the rights and remedies herein provided. <br />(c) All rights of action under this Ordinance or under any of the bonds, <br />enforceable by the Trustee, may be enforced by it without the possession of any of the bonds, and <br />any such suit, action or proceeding instituted by the Trustee shall be brought in its name and for <br />the benefit of all the owners of the bonds, subject to the provisions of this Ordinance. <br />(d) No remedy herein conferred upon or reserved to the Trustee, the Insurer or <br />to the owners of the bonds is intended to be exclusive of any other remedy or remedies herein <br />provided, and each and every such remedy shall be cumulative and shall be in addition to every <br />other remedy given hereunder or given by any law or by the Constitution of the State. <br />(e) No delay or omission of the Trustee, the Insurer or any owners of the bonds <br />to exercise any right or power accrued upon any default shall impair any such right or power or <br />shall be construed to be a waiver of any such default or an acquiescence therein, and every power <br />and remedy given by this Ordinance to the Trustee, to the Insurer and to the owners of the bonds, <br />respectively, may be exercised from time to time and as often as may be deemed expedient. <br />(f) Subject to the provisions of subparagraph (g) below, the Trustee may, and <br />upon the written request of the owners of not less than a majority of the owners in principal amount <br />of the bonds then outstanding shall, waive any default which shall have been remedied before the <br />entry of final judgment or decree in any suit, action or proceeding instituted under the provisions <br />of this Ordinance or before the completion of the enforcement of any other remedy, but no such <br />waiver shall extend to or affect any other existing or any subsequent default or defaults or impair <br />any rights or remedies consequent thereon. <br />(g) Notwithstanding the above, upon the occurrence and continuance of a <br />default, the Insurer shall be deemed to be the sole holder of the bonds for all purposes under this <br />Ordinance, including, without limitation, for purposes of exercising remedies and approving <br />amendments. <br />Section 16. (a) When the Series 2024A Bonds have been executed and sealed <br />as herein provided, they shall be delivered to the Trustee, which shall authenticate them and deliver <br />them to or at the direction of the Purchaser upon payment of the 2024A Purchase Price. Unless <br />paid by the Purchaser as part of the 2024A Purchase Price, the amount necessary to pay the portion <br />of the premium for the Insurance Policy for the Series 2024A Bonds shall be paid to the Insurer. <br />The amount necessary to fund a portion of the Debt Service Reserve Account shall be deposited <br />into the Debt Service Reserve Account in the Bond Fund. The amount that is sufficient, along <br />with other available moneys, to accomplish the Refunding shall be deposited with the trustee for <br />the Bonds Refunded. The balance of the 2014A Purchase Price shall be deposited into a special <br />24 <br />
The URL can be used to link to this page
Your browser does not support the video tag.