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14 - Sale of Combination Tax & Surplus Revenue Certificates of Obligation Series 2024
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03-25-2024
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14 - Sale of Combination Tax & Surplus Revenue Certificates of Obligation Series 2024
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amendment, which instrument or instruments shall refer to the proposed amendment and that shall <br />specifically consent to and approve such amendment, the City may adopt the amendment in <br />substantially the same form. <br />(e) Upon the adoption of any amendatory Ordinance pursuant to the provisions of this <br />Section, this Ordinance shall be deemed to be modified and amended in accordance with such <br />amendatory Ordinance, and the respective rights, duties, and obligations of the City and all holders <br />of such affected Certificates shall thereafter be determined, exercised, and enforced, subject in all <br />respects to such amendment. <br />(f) Any consent given by the holder of a Certificate pursuant to the provisions of this <br />Section shall be irrevocable for a period of six months from the date of the mailing of the notice <br />provided for in this Section, and shall be conclusive and binding upon all future holders of the <br />same Certificate during such period. Such consent may be revoked at any time after six months <br />from the date of the mailing of said notice by the holder who gave such consent, or by a successor <br />in title, by filing notice with the City, but such revocation shall not be effective if the holders of a <br />majority in aggregate principal amount of the affected Certificates then outstanding, have, prior to <br />the attempted revocation, consented to and approved the amendment. <br />(g) For the purposes of establishing ownership of the Certificates, the City shall rely <br />solely upon the registration of the ownership of such Certificates on the registration books kept by <br />the Paying Agent/Registrar. <br />Section 15. DEFAULT AND REMEDIES <br />(a) Events of Default. Each of the following occurrences or events for the purpose of <br />this Ordinance is hereby declared to be an Event of Default: <br />(i) the failure to make payment of the principal of or interest on any of the <br />Certificates when the same becomes due and payable; or <br />(ii) default in the performance or observance of any other covenant, agreement or <br />obligation of the City, the failure to perform which materially, adversely affects the rights of the <br />registered owners of the Certificates, including, but not limited to, their prospect or ability to be <br />repaid in accordance with this Ordinance, and the continuation thereof for a period of 60 days after <br />notice of such default is given by any Registered Owner to the City, <br />(b) Remedies for Default. <br />(i) Upon the happening of any Event of Default, then and in every case, any <br />Registered Owner or an authorized representative thereof, including, but not limited to, a trustee <br />or trustees therefor, may proceed against the City for the purpose of protecting and enforcing the <br />rights of the Registered Owners under this Ordinance, by mandamus or other suit, action or special <br />proceeding in equity or at law, in any court of competent jurisdiction, for any relief permitted by <br />law, including the specific performance of any covenant or agreement contained herein, or thereby <br />to enjoin any act or thing that may be unlawful or in violation of any right of the Registered Owners <br />hereunder or any combination of such remedies. <br />19 <br />
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