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86-064 Ordinance
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86-064 Ordinance
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1/11/2014 12:50:43 PM
Creation date
1/7/2014 10:56:38 AM
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North Olmsted Legislation
Legislation Number
86-064
Legislation Date
7/15/1986
Year
1986
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<br />i. <br />(c) Pledged Receipts. Except as otherwise provided in the <br />Bond Legislation, Indenture, Bond Purchase Aqreement <br />and Agreement, tne Issuer will not make any pledqe or <br />assiqnment ot or create any lien or encumbrance upon <br />trie Project Fund, the Bond Fund, the Reserve Fund or <br />the Pledged Receipts, other than the pledge and <br />assignment thereor under the Bond Legislation, <br />Indenture and Aqreement. <br />(d) Recordings and Filings. The Issuer will cause all <br />necessary financing statements, amendments thereto, <br />continuation statements and instruments of similar <br />character relating to the pledges and assignments made <br />by the Issuer to secure the Bonds, to be recorded or <br />tiled in such manner and in such places as and to the <br />extent required by law in order to fully preserve and <br />protect the security of the Bondholders and the riqhts <br />of the Trustee under the Indenture; and in pursuance <br />hereof the Borrowers have covenanted to cause to be <br />delivered to the Trustee certain opinions of counsel, <br />all as set forth in the Agreement. <br />(e) Inspection of Project Books. All books and documents <br />in the Issuer's possession relating to the Project or <br />to the Pledged Receipts shall at all reasonable times <br />be open to inspection by such employees, accountants <br />or other aqents of the Trustee as the Trustee may from <br />time to time designate. <br />(t) Maintenance of Agreement. The Issuer shall do all <br />tnings and take all actions on its part necessary to <br />comply with the obligations, duties and responsi- <br />bilities on the part of the Issuer under the <br />Agreement, and will take all actions within its <br />authority to maintain the Aqreement in effect in <br />accordance with the terms thereof and to enforce and <br />protect the rights of the Issuer thereunder, including <br />actions at law and in equity, as may be appropriate. <br />(g) Rights under Agreement. The Trustee, in its name or <br />in the name of the Issuer, may, for and on behalf of <br />the Bondholders, enforce all rights of the Issuer and <br />all obligations of the Borrowers under and pursuant to <br />the Agreement, whether or not the Issuer is in default <br />of the pursuit or enforcement of such rights and <br />obligations. <br />(h) Arbitrage Provisions. The Issuer will restrict the <br />use of the proceeds of the Bonds in such manner and to <br />such extent, if any, as may be necessary, so that they <br />will not constitute arbitrage bonds under Section <br />103(c) of the Code and the applicable regulations <br />prescribed under that section. The Executive, Fiscal <br />Otficer or any other officer navinq responsibility <br />-19-
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