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2023-004
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2023-004
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Last modified
2/10/2023 3:19:54 PM
Creation date
2/10/2023 3:13:36 PM
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Resolutions
Resolution Number
2023-004
Approved Date
01/31/2023
Agenda Item Number
8.N.
Resolution Type
General Obligation Bond
Subject
General Obligation Bonds issuance $50,000,000 to finance cost of acquiring
& preserving environmentally sensitive lands
Document Relationships
2024-023
(Cover Page)
Path:
\Resolutions\2020's\2024
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trustee and notice of appointment shall promptly be given to all Holders of Bonds by first class <br />mail, postage prepaid. After the appointment of the first trustee hereunder, no further trustees may <br />be appointed; however, the holders of a majority in aggregate principal amount of all the Bonds <br />then Outstanding may remove the trustee initially appointed and appoint a successor and <br />subsequent successors at any time. <br />SECTION 6.03. DIRECTIONS TO RECEIVER AS TO REMEDIAL <br />PROCEEDINGS. The Holders of a majority in principal amount of the Bonds then Outstanding <br />(or the Credit Facility Provider for any Series of Outstanding Bonds) have the right, by an <br />instrument or concurrent instruments in writing executed and delivered to any receiver, to direct <br />the method and place of conducting all remedial proceedings to be taken by any receiver hereunder, <br />provided that such direction shall not be otherwise than in accordance with law or the provisions <br />hereof, and that the trustee shall have the right to decline to follow any such direction which in the <br />opinion of such receiver would be unjustly prejudicial to Holders of Bonds not parties to such <br />direction. <br />SECTION 6.04. REMEDIES CUMULATIVE. No remedy herein conferred upon <br />or reserved to the Bondholders is intended to be exclusive of any other remedy or remedies, and <br />each and every such remedy shall be cumulative, and shall be in addition to every other remedy <br />given hereunder or now or hereafter existing at law or in equity or by statute. <br />SECTION 6.05. WAIVER OF DEFAULT. No delay or omission of any <br />Bondholder to exercise any right or power accruing upon any default shall impair any such right <br />or power or shall be construed to be a waiver of any such default, or an acquiescence therein; and <br />every power and remedy given by this Section 6.05 to the Bondholders may be exercised from <br />time to time, and as often as may be deemed expedient. No Event of Default may be waived <br />without the consent of each Credit Facility Provider, which has honored all its obligations under <br />its Credit Facility. <br />SECTION 6.06. APPLICATION OF MONEYS AFTER DEFAULT. If an Event <br />of Default shall happen and shall not have been remedied, the Issuer or a trustee or receiver <br />appointed for the purpose shall apply all Ad Valorem Taxes as follows and in the following order: <br />(A) To the payment of the reasonable and proper charges, expenses and liabilities of <br />the trustee or receiver, Registrar and Paying Agent hereunder; and <br />(B) To the payment of the interest and principal then due on the Bonds (provided such <br />payments are made in accordance with applicable law), as follows: <br />(1) Unless the principal of all the Bonds shall have become due and payable, <br />all such moneys shall be applied: <br />FIRST: to the payment to the Persons entitled thereto of all installments of <br />interest then due, in the order of the maturity of such installments, and, if the amount <br />available shall not be sufficient to pay in full any particular installment, then to the <br />payment ratably, according to the amounts due on such installment, to the Persons <br />entitled thereto, without any discrimination or preference; and <br />31 <br />
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