85-128 Ordinance - Laserfiche WebLink

Home Browse Search

any penalties and interest payable by the Bondholders to any taxing authority as a result of the loss of the tax-exempt status of interest on the Bonds, plus (iii) all attorneys fees and other costs incurred by the Bondholders in contesting or resisting the loss of the tax-exempt status of interest on the Bonds, plus (iv) all fees and expenses of the Trustee incurred as a result of an Event of Taxiability, as provided in the Indenture and (b) the aggregate amount of interest actually paid on the Bonds to the redemption date. Notice from the Borrowers to the Trustee that the Note is to be prepaid in whole or in part pursuant to the Agreement shall constitute the direction of the Issuer to the Trustee to call a portion or all, as the case may be, of the then outstanding Bonds, and no separate notice from the Issuer to the Trustee shall be required. When less than the entire unmatured portion of the Bonds shall be called for redemption at any time or from time to time, the Bonds or portions of Bonds to be redeemed shall be selected by lot by the Trustee in such manner as the Trustee may determine. Notice of the call for any redemption of Bonds, identifying by designation, letters, numbers, or other distinguishing marks, the Bonds (in amounts of $5,000 or any multiple thereof) or portions of Bonds to be redeemed, the redemption price to be paid, the date fixed for redemption and the place or places where the amounts due upon such redemption are payable, shall be given by the Trustee on behalf of the Issuer by mailing a copy of the redemption notice by registered or certified mail at least thirty days prior to the date fixed for redemption to the holder or holders thereof at the address shown on the registration books kept by the Trustee; provided, however, that failure to give such notice to any Bondholder by mailing, or any defects in such notice to any Bondholder, shall not affect the validity of the proceedings for the redemption of any of the other Bonds. The holder or holders of Bonds may waive any notice of redemption in writing, and in such event, no notice of any kind need be given with respect to the Bonds of such holder or holders to be so redeemed. Bond Service Charges on the Bonds shall be payable to the persons appearing on the registration books (as provided for in the Indenture) as the registered holders thereof, in immediately available funds, or by check or draft mailed or delivered by the Trustee to such registered holders at their addresses as they appear on such registration books, at the option of the holders; provided that the final payment of principal of any Bond shall be payable at the corporate trust office of the Trustee upon presentation and surrender of such Bond. -11-