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81-144 Ordinance
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81-144 Ordinance
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1/11/2014 11:44:50 AM
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North Olmsted Legislation
Legislation Number
81-144
Legislation Date
12/15/1981
Year
1981
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?. <br />the Agreement or the Indenture, or any amendment or supplement thereto, <br />the Issuer will deliver, or cause to be delivered, to the Trustee an <br />opinion of counsel, who may be counsel for the Issuer or for the Company, <br />to the effect that such filing, registration, recording, re-filing, <br />re-registration or re-recording has been duly accomplished and setting <br />forth the particulars thereof. <br />(e) Inspection of Project Books. All books and documents in <br />the Issuer's possession relating to the Project and the Pledged Receipts <br />shall at all times be open to inspection by such accountants or other <br />agents of the Trustee or the Bank as the Trustee or the Bank may from <br />time to time designate. - <br />(f) List of Bondholders. To the extent that such information <br />shall be made known to the Issuer under the terms of this subsection, <br />the Issuer will keep or arrange to have kept on file at the corporate <br />trust office of the Trustee a list of names and addresses of the last <br />known holders of Bonds payable to bearer. Any Bondholder may in writing <br />addressed to the Issuer or Trustee request that his name and address be <br />placed on said list, which request shall include a statement of the <br />principal amount of Bonds held by such holder and identifying, by number <br />and series designation, such Bonds. Neither the Issuer nor the Trustee <br />shall be under any responsibility with regard to the accuracy of said <br />list. At reasonable times and under reasonable regulations established <br />by the Trustee, said list may be inspected and copied by the Company, or <br />by holders (or a designated representative thereof) of twenty-five <br />percent or more in principal amount of Bonds then outstanding, such <br />holding and the authority of any such designated representative to be <br />evidenced to the satisfaction of the Trustee. <br />(g) Rights under Agreement. The Trustee, in its name or in <br />the name of the Issuer, may, for and on behalf of the Bondholders, <br />enforce all rights of the Issuer, except for Unassigned Authority's <br />Rights as defined in the Agreement, and all obligations of the Company <br />under and pursuant to the Agreement and the Letters of Credit, whether <br />or not the Issuer is in default of the pursuit or enforcement of such <br />rights and obligations: <br />(h) Enforcement of-Agreement. The Issuer shall do all things <br />and take all actions on its part necessary to comply with obligations, <br />duties and responsibilities on its part under the Agreement, and will <br />take all actions within its authority to keep the Agreement in effect in <br />accordance with the terms thereof and to enforce and protect the rights <br />of the Issuer thereunder, including actions at law and in equity, as may <br />be appropriate. ' . ' <br />(i) Arbitrage Provisions. The Issuer will restrict the use <br />of the proceeds of the Project Bonds in such manner and to such extent, <br />if any, as may be necessary, after taking into account reasonable ex- <br />pectations at the time the Project Bonds are delivered to the Original <br />Purchaser, so that the Project Bonds will not constitute arbitrage bonds <br />under Section 103(c) of the Internal Revenue Code and the regulations <br />prescribed under that Section. The Fiscal Officer, the Executive Offi- <br />cer, any member of the Legislative Authority or any other officer of the <br />BR-18
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