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Ordinance 1949-93
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Ordinance 1949-93
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4/27/2017 10:23:32 AM
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Ordinances
Ordinance Number
1949-93
Date
6/16/1993
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• <br /> • <br /> as set forth in Exhibits B-1 and B-2) . Notice of such <br /> intent to prepay shall be given to Lessor in writing <br /> not less than 60 days in advance of tThe intended <br /> prepayments date, which may be made on any day from the <br /> Substantial Completion Date through the Payment <br /> Obligation Commencement Date (in which case written <br /> notice of such intent to prepay shall be given to <br /> Lessor not less than 10 days in advance of such date) <br /> and on any Lease Payment Date on or after such date as <br /> the City, in its sole discretion, shall determine at or <br /> prior to the Payment Obligation Commencement Date (in <br /> which case written notice of such intent to prepay <br /> shall be given to Lessor not less than 60 days in <br /> advance of the intended prepayment date) . Such date <br /> shall be set forth by the City in Exhibit B-1 . The <br /> notice of partial prepayment shall be in the form set <br /> forth on Exhibit D attached hereto. On the date set <br /> for such prepayment, the City shall pay to Lessor in <br /> cash or same-day available funds, an amount equal to <br /> the principal portion of Lease Payments to be prepaid, <br /> together with interest thereon to the date of <br /> prepayment. Upon such prepayment, the term of this <br /> Lease shall be deemed modified such that this Lease <br /> terminates on the Lease Payment Date for the last <br /> outstanding Lease Payment not prepaid. <br /> Section 5. Amending Article XIX of the Lease. Section 19.2 <br /> and Section 19. 3 of the Original Lease are hereby amended as <br /> follows (deletions are stricken) : <br /> 19.2 Lessor' s Obligation to Execute Assignment. <br /> At any time after the Substantial Completion Date, <br /> Lessor hereby agrees immediately upon payment to Lessor <br /> of the Acquisition Price to execute an Assignment in <br /> substantially the form of Exhibit E hereto, in <br /> consideration for payment to Lessor of the Acquisition <br /> Price for the purpose of assigning all right, title and <br /> interest of Lessor under this Lease (except for <br /> Lessor' s rights and obligations under Article VIII <br /> above) and all of Lessor' s right, title and interest in <br /> the Leased Premises (except for Lessor' s rights and <br /> obligations under Article VIII above) , to the Trustee, <br /> in trust for the benefit of an underwriter to be <br /> determined as provided in the Syndication Agreement and <br /> owners of any certificated interests therein, for the <br /> purpose of accomplishing the take-out financing of the <br /> Leased Premises . Lessor' s delivery of the Assignment <br /> and Deed pursuant to this Section 19.2 shall not <br /> relieve Lessor of any obligation to complete the punch- <br /> -6- <br /> unch- <br /> -6- DOT046.DOC 93/06/15 <br />
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