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1983-102
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1983-102
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Last modified
3/28/2023 3:08:25 PM
Creation date
3/28/2023 3:04:57 PM
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Resolutions
Resolution Number
1983-102
Approved Date
10/19/1983
Subject
Providing for the financing of the acquition construction & equipment of a
120 Bed Nursing Home Facility located on 37th Street, Providing for Industrial
Development Revenue Bonds (Florida Health Facilities Project)
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I\RTICLC: IX <br />DEFAULT PROVISIONS AND REMEDIES OF <br />TRUST EE AND DONDIIOLDERS <br />3~ction 9 .1 Events of Default. If any of the following <br /><!Ven t~' .Jccurs, it is hereby defined as and declared to be and to <br />constitute -ln "Event of Default": <br />(a) Failure by the Issuer t, pay the principal of, <br />reue:n;:,::.ion premium, if any, or interest. on any □ond as and when <br />the :3a:ne i.:,ec omes due as therein and herein provided, whether such <br />3hal.l oeco:ne .Jue by maturity or otherwise. <br />(o) Failure by the Issuer to per.form any of the agree- <br />::ient.;; ,:in its part herein contained (other than its agreement to <br />pay ':.h~ princi2al of, rede mption premium, if any, a nd interest on <br />tne JonJs) 3fter 30 days' written notice of such fai lure (which <br />not.ice :nus t. st.:it.e that it is a "Notice of Default" hereunder) <br />.naJ<? ::iy ':.h~ Trustee to the Issue r or made to the Issuer and the <br />Tt".l~t•~e i}'f the holders of 10% in agg regate principa l amount of <br />the uonJa then Outstanding and sec ured hereby, unless during such <br />perioJ ~r lO'/ exte nsion thereof, the Issuer has taken steps <br />r~asonably calculated to remedy such defau lt. <br />(c) Appointment by a court having jurisdiction of a <br />receiver for the Issuer, or approval by a court of competent <br />J~riulict.ion of any petition for rearrangement or readjust~ent. of <br />t.!\e obli,Jatians of the Issuer un<ler any provisions of the <br />oa n~r~9tcy la~s of the united Sta tes , and the continuation of such <br />appo int~ent or approval unst.ayed and in effect for a period of <br />60 consecutive <lays. <br />(J) ,\n Ev ent of D~fault under the Loan Agreement or the <br />Gua r::inty. <br />{el Default by the Borrower with respect to any cove- <br />nant. or .1.qreement on its part cont,1ined in any Bond Purchase <br />,\gree:nl?nt. <br />::iec tion 9.2 Remedies on Default. Whene ver any Event of <br />Jef~ult sh.:i ll have happeneJ and be subsisting: <br />(.1) The •rrustee may, and upon written request of t he <br />holders of not less than 25".'s in <l<]gregate principal .Jmount of the <br />□onJs then Outstanding shall, by notice in writing delivered to <br />the Is:aul?r, decl.:ire t.he 11np.:iid principal of all of the Bonus then <br />Out~t..:inJing ~nd the interest accrued thereon immediately <lu e and <br />-51-
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