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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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3uccessor ~rustee shull not have been de livered to the Trustee <br />.-1ithi.n JO ,l.iys 3fter the giving of such notice of resignation, <br />th~ r.?:3 i Jning ·rrustee may petition any court of competent juris- <br />J ic~i0n for the appointment of a successor Trustee, <br />(':.>) The Trustee may be removed at any time by being <br />~1.vP.n .,t Least 30 days prior written .,otice by the holders of a <br />ma Jority in aggregate principal amount of the Outstanding nonds <br />by an 1.nstrument or instruments in wr.iting delivered to the <br />Trust•Je, co the Issuer :;snd the narrower, which removal shall be <br />~ffect1ve 0n the date specified in the notice. <br />{c) If at any time the Trustee shall become incapable <br />of 1ctin1 or shall be adjudged a bankrupt or in solvent, or a <br />r~c~i~er of the Trustee or of its property sha ll be appointed, or <br />any ~uulic officer shall take charge or control of the Trustee or <br />0f L:~ pr~rerty or affairs fo r the purpose of rehabilitation, <br />cons~r~dtion or liquidation, then upon at least 30 days prior <br />•,1ri':.ten notice (i) the Issuer may remove the Trustee, or {ii) <br />1ny_ :lon•lholJcr who has been a bona fide holder of a Bond for at <br />least 1.) ::\Onths may, on behalf of himself antl all others similarly <br />s i ':.~.lt<?:l, ::>etition any court of competent jurisdiction for the <br />re;;1ovc1l of the Trustee and the appointment. of a successor <br />Trustee. <br />(,l) lf the Trustee shall resign, be removP-d or become <br />ia.::.:>.[.Jabl..? ,;if :icting, or if a vacancy shall occur in the office <br />of the rrustee for any cause, the Issuer shall promptly appoint <br />,:i successor Trustee, If the Issuer shall fail to appoint a suc- <br />cessor ~ru~tee within JO days following the resignation, removal <br />or inc~p.:>.bilicy of the Trustee, the Trustee who has submitted a <br />resi<.Jnation or •,1hich is to be removed or which has become inca- <br />pable of acting may appoint a successor Trustee upon giving 30 <br />uays' ,1ritten notice in the manner provideu below to the Issuer <br />~nJ the Borrower. Such appointme nt shall take effect at any time <br />JO fays thereafter .as may be specif ied in such notice, unless <br />prior to such time the Issuer sha ll notify the Trustee and the <br />proposed successor Trustee of its objection to such appoint1nent. <br />If, •,1ic.i1in one year after such resignation, removal or <br />incapability, or the occurrence of such vacancy, no successor <br />Trustue ~hall hav~ taken office, a successor Trustee shall be <br />appoi.nte•l by ,i :najority in aggregoJte principal a.mount of <br />Oui:.st.an,ling ilonds by an instrument or instruments in writing <br />,.lel i.v,~rt?d to the Issuer, the retiring Trustee anu the Dor rower, <br />and t.he successor Trustee so appointed s hall, forthwith upon its <br />.:iccl!ptance r)f such appointment, become the successor ·rrustee. [f <br />no :;u..:~es!lor Trustee shd l l have been so .~ppointcd by the Issuer, <br />the rrust•:lt! -:>r the Bonuholder;; and acc l3pted .~ppoint1nent Ln the <br />-65-
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