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Ordinance 1818-91
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Ordinance 1818-91
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5/9/2017 10:46:32 AM
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Ordinances
Ordinance Number
1818-91
Date
10/2/1991
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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 (if any) and interest in the Lease, the <br /> Improvements, and the Ground Lease, and the money payable under the <br /> Lease shall thereupon cease and the Trustee shall release the Trust <br /> Estate and this Agreement in respect thereto and shall execute such <br /> documents to evidence such release as may be reasonably required <br /> by the City and shall turn over to the City or its assigns all <br /> balances then held by it hereunder not required for the payment of <br /> the Certificates and such other sums. If the principal or <br /> prepayment price (as the case may be) of, and interest on, any of <br /> the Lease Payments represented by the Certificates issued hereunder <br /> has been paid, or provision has been made for the payment of the <br /> same in the manner stipulated therein and in this Agreement, then <br /> such Certificates shall cease to be entitled to any lien, benefit <br /> or 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 (if any) and interest of the Trustee in the <br /> Trust Estate shall cease and the Trustee shall take similar action <br /> for the release of this Agreement. Without limiting the generality <br /> of 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 /> The obligations and money deposited with the Trustee pursuant to <br /> this Section shall be segregated by it and held in trust for the <br /> -25- D0T437 91/09/24 <br />
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