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Res 2023-208R approving a Resolution by the Board of Directors of the Alliance Regional Water Authority authorizing the issuance of Alliance Regional Water Authority bond anticipation note (Regional Water Supply Contract Project), Series 2023
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Res 2023-208R approving a Resolution by the Board of Directors of the Alliance Regional Water Authority authorizing the issuance of Alliance Regional Water Authority bond anticipation note (Regional Water Supply Contract Project), Series 2023
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City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2023-208
Date
12/19/2023
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the Authority or any Sponsor and such proceeding continues undischarged or any such <br /> proceeding continues undismissed or unstayed for a period of thirty (30) or more days; <br /> (f) a debt moratorium, debt restructuring, debt adjustment or comparable <br /> restriction is imposed on the repayment when due and payable of the principal of or interest <br /> on any indebtedness of the Authority by the Authority or any Governmental Authority with <br /> appropriate jurisdiction; <br /> (g) any material provision of this Agreement or the other Related Documents <br /> to which the Authority is a party shall at any time for any reason cease to be valid and <br /> binding on the Authority, or shall be declared in a final non-appealable judgment by any <br /> court with competent jurisdiction to be null and void, invalid, or unenforceable, or the <br /> validity or enforceability thereof shall be publicly contested by the Authority; <br /> (h) any final, unappealable judgment or judgments,writ or writs or warrant or <br /> warrants, or any similar process or processes, which are not covered in full by insurance, <br /> with written acknowledgement of such coverage having been provided by the provider of <br /> such insurance coverage to the Purchaser, in an aggregate amount not less than$1,000,000 <br /> shall be entered or filed against the Authority or against any of its property and remain <br /> unpaid, unvacated, unbonded or unstayed for a period of sixty (60) days; <br /> (i) the Authority shall (i) default on any other Debt owed to the Purchaser or <br /> any of its affiliates, (ii) default on the payment of the principal of or interest on any Debt, <br /> beyond the period of grace, if any, provided in the instrument or agreement under which <br /> such Debt was created or incurred; or(iii)default in the observance or performance of any <br /> agreement or condition relating to any Debt or contained in any instrument or agreement <br /> evidencing, securing or relating thereto, or any other default, event of default or similar <br /> event shall occur or condition exist,the effect of which default, event of default or similar <br /> event or condition is to permit (determined without regard to whether any notice is <br /> required) any such Debt to become due and payable in full prior to its stated maturity as <br /> the result of the acceleration, mandatory redemption or mandatory tender of such Debt or <br /> other remedial action to be taken with respect to such Debt; or <br /> 0) any"event of default"under any Related Document(as defined respectively <br /> therein) shall have occurred. <br /> Section 6.02. Consequences of an Event of Default. Upon the occurrence and during the <br /> continuance of an Event of Default the interest rate on the Note shall increase to the Default Rate <br /> as more fully set forth in the Note, and the Purchaser may exercise, or cause to be exercised, any <br /> and all remedies as it may have under the other Related Documents and as otherwise available at <br /> law and at equity. <br /> Section 6.03. Mandamus. The duties and obligations of the Authority under this <br /> Agreement and the other Related Documents to which it is a party that are clearly defined and non- <br /> discretionary and for which there is no other remedy available at law shall be enforceable by <br /> mandamus in any court of competent jurisdiction. Without limiting any other remedies set forth <br /> herein or in the other Related Documents, in the case of a breach or default by the Authority under <br /> 14 <br />
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