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07
City of Pleasanton
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2017
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020717
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07
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2/3/2017 12:46:45 PM
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2/1/2017 10:57:53 AM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
2/7/2017
DESTRUCT DATE
15Y
DOCUMENT NO
07
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(a) if default shall be made by the Authority in the due and punctual payment <br /> of the interest on any Bond when and as the same shall become due and payable, <br /> (b) if default shall be made by the Authority in the due and punctual payment <br /> of the principal of or redemption premium, if any, on any Bond when and as the same <br /> shall become due and payable, whether at maturity as therein expressed or by <br /> proceedings for redemption, <br /> (c) if default shall be made by the Authority in the performance of any of the <br /> agreements or covenants required herein to be performed by the Authority, and such <br /> default shall have continued for a period of thirty (30) days after the Authority shall have <br /> been given notice in writing of such default by the Trustee, <br /> (d) if the Authority shall file a petition or answer seeking arrangement or <br /> reorganization under the federal bankruptcy laws or any other applicable law of the <br /> United States of America or any state therein, or if a court of competent jurisdiction shall <br /> approve a petition filed with or without the consent of the Authority seeking arrangement <br /> or reorganization under the federal bankruptcy laws or any other applicable law of the <br /> United States of Amenca or any state therein, or if under the provisions of any other law <br /> for the relief or aid of debtors any court of competent jurisdiction shall assume custody or <br /> control of the Authority or of the whole or any substantial part of its property, or <br /> (e) an Event of Default as defined in the Agreement, <br /> then and in each and every such case during the continuance of such event of default the Trustee <br /> may, and upon the written request of the Holders of not less than fifty-one percent (51%) in <br /> aggregate principal amount of the Bonds then Outstanding or, so long as any Series 2017 Bonds <br /> are Outstanding shall, by notice in writing to the Authority, declare the principal of all Bonds <br /> then Outstanding and the interest accrued thereon to be due and payable immediately, and upon <br /> any such declaration the same shall become due and payable, anything contained herein or in the <br /> Bonds to the contrary notwithstanding The Trustee shall promptly notify all Holders of any <br /> such event of default which is continuing Such notice shall include a reference to or a summary <br /> of the rights and remedies available to the Holders as set forth herein <br /> This provision, however, is subject to the condition that if at any time after the <br /> principal of the Bonds then Outstanding shall have been so declared due and payable and before <br /> any judgment or decree for the payment of the money due shall have been obtained or entered <br /> the Authority shall deposit with the Trustee a sum sufficient to pay all matured interest on all the <br /> Bonds and all principal of the Bonds matured prior to such declaration, with interest at the rate <br /> borne by such Bonds on such overdue interest and principal, and the reasonable fees and <br /> expenses of the Trustee, and any and all other defaults known to the Trustee (other than in the <br /> payment of interest on and principal of the Bonds due and payable solely by reason of such <br /> declaration) shall have been made good or cured to the satisfaction of the Trustee or provision <br /> deemed by the Trustee to be adequate shall have been made therefor, then and in every such case <br /> the Holders of not less than fifty-one percent(51%) in aggregate principal amount of Bonds then <br /> Outstanding, by written notice to the Authority and to the Trustee may on behalf of the Holders <br /> of all the Bonds then Outstanding rescind and annul such declaration and its consequences, but <br /> -26- <br /> 2762680 2 <br />
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