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Ord 1988-019
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Ord 1988-019
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Last modified
8/6/2007 10:42:32 AM
Creation date
8/6/2007 10:42:32 AM
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City Clerk
City Clerk - Document
Ordinances
City Clerk - Type
Certificates of Obligation
Number
1988-19
Date
2/17/1988
Volume Book
90
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<br />(a) Subject to the provisions of this Section 4.06, the Issuer hereby <br />instructs MTrust to de1iver fully registered Bonds in exchange for or in lieu of <br />mutilated, destroyed, lost or stolen Bonds as long as the same does not result in an <br />overissuance. <br /> <br />(b) If (i) any mutilated Bond is surrendered to MTrust, or the Issuer and <br />MTrust receive evidence to their satisfaction of the destruction, loss, or theft of <br />any Bond, and (ii) there is de1ivered to the Issuer and MTrust such security or <br />indemnity as may be required by MTrust to save and hold each of them harmless, <br />then, in the absence of notice to the Issuer or MTrust that such Bond has been <br />acquired by a bona fide purchaser, the Issuer shall execute and upon its request <br />MTrust shall register and deliver, in exchange for or in lieu of any such mutilated, <br />destroyed, lost, or stolen Bond, a new Bond of the same stated maturity and of like <br />tenor and principal amount bearing a number not contemporaneously outstanding. <br /> <br />(c) Every new Bond issued pursuant to this Section in lieu of any <br />mutilated, destroyed, lost or stolen Bond shaH constitute a replacement of the prior <br />obligation of the Issuer, whether or not the mutilated, destroyed, lost, or stolen <br />Bond shall be at any time enforceable by anyone, and shall be entitled to all the <br />benefits of the Bond Resolution equaHy and ratably with all other outstanding Bonds. <br /> <br />(d) Upon the satisfaction of MTrust and the Issuer that a Bond has been <br />mutilated, destroyed, lost or stolen, and upon receipt by MTrust and the Issuer of <br />such indemnity or security as they may require, MTrust shaH cancel the Bond <br />number on the Bond registered with a notation in the Register that said Bond has <br />been mutilated, destroyed, lost or stolen, and a new Bond shall be issued of the same <br />series and of like tenor and principal amount bearing a number, according to the <br />Register, not contemporaneously outstanding. <br /> <br />(e) MTrust may charge the Owner MTrust's fees and expenses in <br />connection with issuing a new Bond in lieu of or exchange for a mutilated, <br />destroyed, lost or stolen Bond. <br /> <br />(0 The Issuer hereby accepts MTrust's current blanket certificate for <br />lost, stolen or destroyed Bonds and any future substitute blanket certificate for lost, <br />stolen or destroyed Bonds that MTrust may arrange, and agrees that the coverage <br />under any such blanket certificate is acceptable to it and meets the Issuer's <br />requirements as to security or indemnity. MTrust need not notify the Issuer of any <br />changes in the security or the company giving such certificate or the terms of any <br />such certificate, provided that the amount of such certificate is not reduced below <br />the amount of the certificate on the date of execution of this Agreement. The <br />blanket certificate then utilized by MTrust for lost, stolen or destroyed Bonds by <br />MTrust is available for inspection by the Issuer on request. <br /> <br />Section 4.07. Transaction Information to Issuer. <br /> <br />2430f <br /> <br />-6- <br />
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