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Ordinance 1858-92
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Ordinance 1858-92
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Ordinances
Ordinance Number
1858-92
Date
2/12/1992
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permitted and has been duly authorized by the City and that all <br /> things necessary to make it a valid and binding agreement have been <br /> done. <br /> ARTICLE IX <br /> DEFEASANCE <br /> Section 9 . 01. Defeasance. When the principal or prepayment <br /> price (as the case may be) of, and interest on, all Certificates <br /> issued hereunder have been paid, as provided in this Section 9. 01, <br /> or provision has been made for payment of the same, then the <br /> Trustee's right, title and interest in the Lease, the Improvements, <br /> and the Ground Lease, and the money payable under the Lease shall <br /> thereupon cease and the Trustee shall release the Trust Estate and <br /> this Agreement in respect thereto and shall execute such documents <br /> to evidence such release as may be reasonably required by the City <br /> and shall turn over to the City or its assigns all balances then <br /> held by it hereunder not required for the payment of the <br /> Certificates and such other sums. If the principal or prepayment <br /> price (as the case may be) of, and interest on, any of the Lease <br /> Payments represented by the Certificates issued hereunder has been <br /> paid, or provision has been made for the payment of the same in the <br /> manner stipulated therein and in this Agreement, then such <br /> Certificates shall cease to be entitled to any lien, benefit or <br /> security under this Agreement or the Lease, and all covenants, <br /> agreements and obligations of the City with respect to payment of <br /> the Lease Payments represented by the Certificates shall thereupon <br /> cease, terminate and become void and be discharged and satisfied. <br /> If such payment or provision therefor has been made with <br /> respect to all the Lease Payments represented by the Certificates, <br /> then the right, title and interest of the Trustee in the Trust <br /> Estate shall cease and the Trustee shall take similar action for <br /> the release of this Agreement. Without limiting the generality of <br /> the foregoing, provision for the payment of Lease Payments and <br /> Certificates shall be deemed to have been made when the Trustee <br /> shall hold in the Lease Purchase Fund for payment of interest on <br /> the Lease Payments represented by the Certificates when due and <br /> payment of principal component prepayment price of the Lease <br /> Payments represented by the Certificates when due (whether at <br /> maturity or upon prepayment at the option of the Owner or <br /> otherwise) (i) cash in an amount sufficient to make all payments <br /> specified above, or (ii) non-callable obligations issued or <br /> guaranteed by the United States of America, maturing on or before <br /> the date or dates when the payments specified above shall become <br /> due and/or on demand of the Trustee, the principal amount of which <br /> and the interest thereon, when due, is or will be, in the <br /> aggregate, sufficient without reinvestment to make all such <br /> payments, or (iii) any combination of cash and such obligations. <br /> C-25 KR173 92/01/27 <br />
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