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1 <br />Ll <br />1�1111 <br />Section II. (A) That Second Party shall, by and through its governing authority and/or proper <br />officials, including an attorney named.by it, cause Refunding Bonds to be authorized, the nece <br />sary validation proceedings to be brought in the proper Circuit Court, and an appeal to be <br />prosecuted in the Supreme Court of Florida in the event of any appeal, said Refunding Bonds to <br />be in an amount sufficient to permit delivery of securities hereunder on the basis of a par <br />amount of Refunding Bonds being issued in lieu of an equal par amount of Original Bonds, using <br />such necessary procedure and forms therefor as are authorized by law and will permit the Re- <br />funding Bonds to be issued with the approving legal opinion of nationally recognized general <br />market bond attorneys: that said Refunding Bonds shall be executed in the manner required by <br />law and placed on deposit in escrow with The First National Bank of Chicago, Chicago, Illinois, <br />or any other Bank Mutually agreeable to the parties hereto, under instructions that said Refund. <br />ing Bonds shall be delivered upon surrender of securities described in Section I hereof, or <br />upon payment of the sale price of said Refunding Bonds if a sale is made hereunder, this con- <br />tract being sufficient authority for the proper officials of the issuing taxing unit to make <br />said deposit under usual forms for the purpose, said forms to be prepared by First Party, as a <br />part of its services hereunder, and approved by the attorney hereinafter designated.'as Second <br />Party; PROVIDED,hbwever, that at the expiration of this contract, unless this contract shall be <br />extended by mutual consent or unless otherwise mutually agreed upon by the parties hereto, any <br />Refunding Bonds which have not then been issued or previously cancelled shall be cancelled by <br />the Escrow Bank and thereafter disposed of according to the order of Second Party. <br />(B) That, upon delivery, Second Party shall cause all accrued interest on Original <br />Bonds to be paid to the date of the surrender thereof (or to the effective date of a call in <br />the event of exercise of option to call said Original Bonds for payment before maturity), and <br />interest shall begin to accrue on the Refunding,Bonds as of the date of delivery thereof; <br />PROVIDED, however, that if delivery is made at any time except upon an interest payment date <br />common to both Original Bonds and Refunding Bonds, interest accrued on Ori4in*l Bonds and on <br />Refunding Bonds may be offset against each other and the net difference either paid to or re- <br />ceived from the holder of the Original Bond, as the circumstances may require. <br />Section III. That said Refunding Bonds shall be dated January 1, 1941; be payable, <br />as to both principal and interest, at Manufacturers' Trust Company , New York, New York, or 'any <br />other bank mutually agreeable to the parties hereto; and mature serially in annual Installments <br />the ,first of which said installments shall be due the third year after the date of said Refund- <br />ing Bonds and the last of which said installments shall be due not later than the thirtieth <br />year after the date of said Refunding Bonds, the amounts of the specific installments to be <br />according to a schedule to,be hereafter calculated by First Party, as part of its services he <br />under, but subject to approval by Second Party. <br />Section IV. That said Refunding Bonds shall bear interest, payable semi-annually, at <br />the rate of four (0) per cent. per annum. <br />k <br />Section V.,That said Refunding Bonds shall be non-oallable. <br />Section VI. That, for the purpose of adequately providing for the payment of the in- <br />terest on said Refunding Bonds aA its matures and for the creation of a sinking fund for_the <br />retirement of all of said Refunding Bonds as they mature, and the sum hereinafter agreed to be <br />paid°First Party, the proceedings authorizing the issuance of the Refunding Bonds, or the Re- <br />funding Bonds themselves, or both, shall: <br />(A) Conform'to the tax provision requirements of Chapter 15,772 of the Laws of <br />Florida, Acts of 1931, and such other law or laws as shall be necessary in order (1) to permit <br />the Refunding Bonds to be issued with the approving legal opinion of the nationally recognized <br />general market bond attorneys provided for herein and (2) to accomplish the full purposes here- <br />of . <br />