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Res 2000-070
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Last modified
7/20/2006 11:01:17 AM
Creation date
7/20/2006 10:59:56 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2000-70
Date
3/27/2000
Volume Book
140
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<br />it; <br /> <br />h. The Collateral will not be sold, transferred or otherwise disposed of or removed from <br />the possession ofthe Custodian nor will substitution thereof be allowed withoutthe <br />written consent of the City which consent shall not be unreasonably withheld; <br /> <br />I. The Bank will not grant any option with respect to any of the Collateral or create or <br />permit to exist any lien, security interest or other charge or encumbrance upon orwith <br />respect to any ofthe Collateral, except for the security interest hereunder, and except <br />such as might be created pursuant to reverse repurchase agreements entered into <br />by the Bank respecting the Collateral; <br /> <br />J. The Bank will provide the City on the first day of each month a list of the Collateral <br />identifying and describing in detail each ofthe securities comprising the Collateral, <br />their location and the market value thereof. <br /> <br />k. If at any time the Indebtedness exceeds the market value of the Collateral, the Bank <br />shall immediately deliver to the Custodian, as part of the Collateral hereunder <br />additional securities meeting the requirements of Chapter 2257 of the Texas <br />Government Code and Chapter 105 of the Texas Local Government Code, as <br />amended, so that the market value of the Collateral will at no time be less than the <br />indebtedness. The determination of such value shall be in the discretion ofthe City <br />Council whose decision shall be final and binding. <br /> <br />8. No failure or delay on the part of the City in exercising any power or right hereunder shall <br />operate as a waiver thereof, nor shall any single or partial exercise of any such right or <br />power preclude any other orfurther exercise thereof or the exercise of any other right or <br />power hereunder. No modification or waiver of any provision ofthis Pledge of Securities <br />and Security Agreement nor consent to any departure therefrom shall in any event be <br />effective unless the same be in writing and then such waiver or consent shall be effective <br />only in the specific instance and for the purpose for which given. <br /> <br />9. The City shall have the right at all reasonable times to examine the Collateral or <br />acceptable custodial receipts therefor. <br /> <br />10. This Pledge of Securities and Security Agreement shall be binding upon, and shall inure <br />to the benefit of, the Bank and the City and their respective successors and assigns. The <br />instrument shall be deemed to be made under and governed by the laws of the State of <br />Texas. <br /> <br />11. Custodian agrees that it, during the term of the Agreement and this Pledge of Securities <br />
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