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1982-141
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1982-141
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3/20/2023 11:11:59 AM
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Resolutions
Resolution Number
1982-141
Approved Date
12/23/1982
Subject
Authorizing the issuance of not exceeding $2,750,000 Water & Sewer Revenue Bonds
Series 1982, Anticipation notes of IRC & entering into certain covernants &
agreements with ther holders thereof
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G. DEFEASANCE. If, at any time, the Issuer shall have <br />paid, or shall have made provision for payment of, the principal <br />and interest with respect to the Notes, then, and in that event, <br />the pledge of and lien on the proceeds of the sale of the Bonds <br />or any bond anticipation notes issued to extend or renew the <br />indebtedness evidenced by the Notes, and the Pledged Funds, in <br />favor of the holders of the Notes shall be no longer in effect. <br />For purposes of the preceding sentence, deposit of sufficient <br />cash and/or principal and interest on direct obligations r` the <br />United States of America or obligations the principal of and <br />interest on which are fully guaranteed by the United States of <br />America, none of which permit redemption prior to maturity at the <br />option of the obligor (the "Federal Securities"), or bank cer- <br />tificates of deposit full secured as to principal and interest by <br />Federal Securities (or deposit of any other securities or invest- <br />ments which may be authorized by law from time to time and suf- <br />ficient under such law to effect such a defeasance) in <br />irrevocable trust with a banking institution or trust company, <br />for the sole benefit of the Noteholders, to make timely payment <br />of the principal of and interest on the outstanding Notes, shall <br />be considered "provision for payment." <br />H. REMEDIES. Any holder or holders of the Notes may <br />either at law or in equity, by suit, action, mandamus or other <br />proceedings in any court of competent jurisdiction, protect and <br />enforce any and all rights, including the right to the appoint- <br />ment of a receiver, existing under the laws of the State of <br />Florida or granted and contained in this resolution, and may <br />enforce and compel the performance of all duties required by this <br />resolution or by any applicable state or federal statute to be <br />performed by the Issuer or by any officer thereof. <br />SECTION 13. SUPPLEMENTAL INSTRUMENTS. The Issuer shall, <br />as necessary, from time to time and at any time, adopt such reso- <br />lutions and/or ordinances as shall not be inconsistent with the <br />terms and conditions of this resolution: <br />A. To cure any ambiguity, defect, or omission herein; <br />and/or <br />B. To secure, extend or renew to the holders of the <br />Notes the pledges made herein for the payment of the Notes and <br />the interest to accrue thereon. <br />SECTION 14. SALE OF NOTES. The Notes are hereby sold <br />and awarded to Arch W. Roberts 6 Co. and The Leedy Corporation, <br />at the price of $2.701,875.00 and accrued interest, and pursuant <br />to the terms and provisions of the Notes Purchase Agreement bet- <br />ween such purchasers and the Issuer dated December 23, 1982. <br />-11- <br />
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