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Ord 2008-038
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Ord 2008-038
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Last modified
11/6/2009 1:58:59 PM
Creation date
9/17/2008 2:54:12 PM
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City Clerk
City Clerk - Document
Ordinances
City Clerk - Type
Certificates of Obligation
Number
2008-38
Date
9/16/2008
Volume Book
177
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(I} Any consent given by the holder of a Bond pursuant to the provisions of this Section <br />shall be irrevocable for a period of six months from the date of the publication of the notice provided <br />for in this Section, and shall be conclusive and binding upon all future holders of the same Bond <br />during such period. Such consent may be revoked at any time after six months from the date of the <br />publication of said notice by the holder who gave such consent, or by a successor in title, by filing <br />notice with the City, but such revocation shall not be effective if the Registered Owner of the Bond <br />then outstanding, have, prior to the attempted revocation, consented to and approved the amendment. <br />Section 20. REMEDIES IN EVENT OF DEFAULT. In addition to all the rights and <br />remedies provided by the laws of the State of Texas, it is spe??fically covenanted and agreed <br />particularly that in the event the City (i) defaults in the payment of _ principal, premium, if any, or <br />interest on the Bond, (ii) declares bankruptcy, or (iii) defaults in the o? ?wance or performance of <br />any other of the covenant, agreement or obligation of the City, the faih ? _ ? ?? 1 -form which materially <br />adversely affects the rights of the owners, including but no limited t , their pl, ?c+ or ability to be <br />repaid in accordance with this Section and the continuation therec for a perk . ?f 60 days after <br />notice of such default is given by any owner to the City, the f?"n?win? ?ediP shall be available: <br />(a) Any owner or an authorized represf ?tative then Hof. ?lcludin ? but not limited to, a trustee <br />or trustees therefor, may proceed against the ?,. nor the 1 t?pose of ?otecting and enforcing the <br />rights to the owners under this Ordinance, by mana? ?s or o?_ , action or special proceeding <br />in equity or at law, in any court of competent jurisdictl? for any relief permitted by law, including <br />the specific performance of any covenant or a??^ ? ??Pnt corp. ?P?' herein, or thereby to enjoin any act <br />or thing that maybe unlawful or in ? ? `ion _ dny ?,, ? of the owners hereunder or any combination <br />of such remedies. <br />(b) It is provided that all s?? ?'? ?arocee?. ~? cL .?11 be instituted and maintained for the equal <br />benefit of the owner of the Bona <br />(c) The b? ld insurer, if and shah ?? deemed to be the sole holder of the Bond for the <br />purpose of exer? ?_ any voting righ ivilege or giving any consent or direction or taking any <br />other action t' ?t the ? ?rs of the Bond are entitled to take. <br />(d) No remedy hereli, ?fP.red or reserved is intended to be exclusive of any other available <br />remedy or remedies, but each a? .? every such remedy shall be cumulative and shall be in addition to <br />every other remedy given hereunder or under the Bond or now or hereafter existing at law or in <br />equity; provided, however, that notwithstanding any other provision of this Ordinance, the right to <br />accelerate the debt evidenced by the Bond shall not be available as a remedy under this Ordinance. <br />The exercise of any remedy herein conferred or reserved shall not be deemed a waiver of any other <br />available remedy. <br />Section 21. ?RESERVED? <br />SAN MARCOSI CO Rfdg Bonds2008:Ordinance
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