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Agenda - Economic Development Authority - 05/24/2005
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Agenda - Economic Development Authority - 05/24/2005
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Last modified
4/14/2025 1:32:42 PM
Creation date
5/20/2005 11:16:45 AM
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Meetings
Meeting Document Type
Agenda
Meeting Type
Economic Development Authority
Document Date
05/24/2005
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ARTICLE IX <br /> <br />CONCERN~GTHEBONDHOLDERS <br /> <br /> Section 9.01 Execution of hnstmments by Bondholders. Any request, direction, consent <br />or other instrument in writing required by this Indenture to be signed Or executed by <br />Bondhotders may be in any number of concurrent instruments of similar tenor and may be signed <br />or executed by such Bondholders in person or by agent duly appointed by an instrument in <br />writing. Proof of the execution of any such instrument and of the ownership of Bonds shall be <br />sufficient for any purpose of this Indenture and shall be conclusive in favor of the Trustee with <br />regard to any action taken by it under such insmanent if made in the following manner: <br /> <br /> (a) The tact and date of the execution by any person'of any such__ '_instrument may be <br />proved by the certificate of any officer in anyjufisdiction who, by the laws thereof, has power to <br />take acknowledgments of deeds to be recorded witkin such jurisdiction, to the effect that the <br />t;erson signing such instrument acknowledged to him or her the execution thereof, or by an <br />affidavit of a witness to such execution. <br /> <br /> (b) The ownership of Bonds shall be proved by the registration books kept under the <br />provisions of this Indenture. <br /> <br /> Nothing contained in this Article shall be construed as limiting the Trustee to the proof <br />above specified, it being intended that the Trustee may accept any other evidence of the matters <br />herein stated which to it may seem sufficient. <br /> <br /> Section 9.02 Waiver of Notice. Any notice or other communication required by tiffs <br />[nden.ture to be given by delivery, publication or otherwise to the Bondholders or any one or <br />more thereof' may be waived, at any time before such notice or communication is so required to <br />be given, in writing mailed or delivered to the Trustee by the Holder or Holders of all of the <br />Bonds entitled to such notice or communication. <br /> <br /> Section 9.03 Determination of Bondholder Concurrence. In determining whether the <br />Holders of the requisite aggregate principal. ~amount of Bonds have concurred in any demand, <br />request, direction, consent or waiver under this Indenture, Bonds which are owned by the Issuer <br />or the City shall be disregarded and deemed not to be Outstanding for the purpose of any such <br />determ/nation; provided, that for the purpose of, determining whether the Trustee shall be <br />protected in relying on any such demand, request, direction, consent or waiver only Bonds which <br />the Trustee knows to be so owned shall be disregarded. Bonds so owned which have been <br />pledged in good faith may be regarded as Outstanding for the purposes of this Section if the <br />pledgee shall establish to the satisfaction of the Trustee the pledgee's right to vote such Bonds <br />an.d that the pledgee is not a person directly or indirectly controlling or controlled by or under <br />common control with the Issuer or the City. In case of a dispute as to such right, any decision by <br />tim Trustee taken upon the advice of counsel shall be full protection to the Trustee. <br /> <br /> Section 9.04 Bondholders' Meeting. A meeting of the Bondholders'may-be called at any <br />t/n~c and from time to time for any of the following purposes: <br /> <br />1763903vl <br /> <br />-f rr <br /> <br />119 <br /> <br /> <br />
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