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88-87 Amend 116-84
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88-87 Amend 116-84
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Last modified
5/14/2013 3:06:53 PM
Creation date
9/8/2003 6:57:10 AM
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Office Of Council
Document Type
Ordinances
Date
9/8/2003
Date Adopted
2/1/1988
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cause or result in a prohibited payment under applicable Regulations per- <br />raining to, or in any other fashion as would constitute failure of compliance <br />with, Section 148 of the Code. Investments of moneys in the Bond Fund shall <br />mature or be redeemable at-the option of the Trustee at the times and in the <br />amounts necessary to provide moneys to pay Bond Service Charges as they become <br />due at stated maturity or by redemption. Each investment of moneys in the <br />Project Fund shall mature or be redeemable at such time as may be necessary to <br />ma~e payments from the Project Fund and Equity Fund. <br /> <br /> Subject to any directions from the Authorized Company Representative <br />with respect thereto, from time to time, the Trustee may sell those invest- <br />ments and reinvest the proceeds therefrom in Eligible Investments maturing or <br />redeemable as aforesaid. Any of those investments may be purchased from or <br />sold to the Trustee, the Registrar, an Authenticating Agent or a Paying Agent, <br />or any bank, trust company or savings and loan association affiliated with any <br />of the foregoing. The Trustee shall sell or redeem investments credited to <br />the Bond Fund to produce sufficient moneys applicable hereunder to and at the <br />times required for the purposes of paying Bond Service Charges when due as <br />aforesaid, and shall do so without necessity for any order on behalf of the <br />Issuer and without restriction by reason of any order. An investment made <br />from money credited to the Bond Fund, the Project Fund or the Equity Fund <br />shall constitute part of that respective Fund, and each respective Fund shall <br />be credited with all proceeds of sale and income from investment of moneys <br />credited thereto. For purpose of this Indents[re, those investments shall be <br />valued at face amount or market value, whichever is less. <br /> <br /> (D) Section 7.01 of the Original Indenture shall be deleted and in <br />its place the following shall be substituted: <br /> <br /> SECTION 7.01. Defaults; Events of Default. The occurrence of any of <br />the following events is defined as and declared to be and to constitute an <br />Event of Default hereunder: <br /> <br />(a) <br /> <br />Payment of any interest on any Bond shall not be made when and <br />as that interest shall become due and payable and continuing for <br />a period of ten days thereafter; provided, however, that no <br />Event of Default shall be deemed to have occurred if the Company <br />makes an Alternate Interest Payment on that Interest Payment <br />Date in lieu of paying the interest otherwise due; <br /> <br />(b) <br /> <br />Payment of the principal of or any premium on any Bond shall not <br />be made when and as that principal or premium shall become due <br />and payable, whether at stated maturity, by redemption, by ac- <br />celeration or otherwise; provided, however, that no Event of <br />Default shall be deemed to have occurred if (i) the Company <br />makes an AlTernate Principal Payment on that Principal Payment <br />Date in lieu of paying the principal otherwise due and (ii) the <br />Company makes the Final Payment on September 1, 2002; <br /> <br />(c) <br /> <br />Failure by the Issuer ~o observe or perform any other covenant, <br />agreement or obligation on its part to be observed or performed <br />contained in this Indenture or in the Bonds, which failure shall <br /> <br />-15- <br /> <br /> <br />
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