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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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The Trustee shall be responsible for its representations <br /> contained in the Certificate of Execution on the Certificates, but <br /> for no other representations contained in the Certificates or in <br /> the recitals hereof. The Trustee may become the owner of <br /> Certificates with the same rights it would have if it were not the <br /> registrar for the Certificates, and to the extent permitted by law, <br /> may act as depositary for and permit any of its officers or <br /> directors to act as a member of, or in any other capacity with <br /> respect to, any committee formed to protect the rights of <br /> Certificate Owners. As compensation for its services hereunder, <br /> the Trustee shall be paid by the City in Additional Rent payable <br /> under the Lease. The Trustee shall not be required to risk any of <br /> its own funds in the performance of any duties hereunder or under <br /> the Lease. <br /> Section 3 . 07. Provision for Payments; Remedies in Event of <br /> Default. The Lease Payments and the Certificates evidencing rights <br /> to receive such Lease Payments are payable solely from payments to <br /> be received by the Trustee from the City pursuant to the Lease. <br /> The Trustee is only obligated to pass through such payments to <br /> Certificate Owners in accordance with their relative interests; the <br /> Certificates shall not be obligations of the Trustee. <br /> Section 3 . 08. Mutilated, Destroyed, Lost or Stolen Certifi- <br /> cates. If any Certificate shall become mutilated, the Trustee <br /> shall execute and deliver a replacement Certificate of like tenor, <br /> denomination and maturity in exchange and substitution for the <br /> Certificate so mutilated, but only upon surrender to the Trustee <br /> of such mutilated Certificate for cancellation, and the Trustee may <br /> require reasonable indemnity therefor. If any Certificate shall <br /> be reported lost, stolen or destroyed, evidence as to the ownership <br /> thereof and the loss, theft or destruction thereof shall be <br /> submitted to the Trustee; and if such evidence shall be <br /> satisfactory and if indemnity satisfactory to the Trustee shall be <br /> requested and given, the Trustee shall execute and deliver, a <br /> replacement Certificate of like tenor and denomination. The cost <br /> of providing any substitute Certificate under the provisions of <br /> this section shall be borne by the Owner for whose benefit such <br /> substitute Certificate is provided. If any such mutilated, lost, <br /> stolen or destroyed Certificate shall have matured or be about to <br /> mature or has been selected for prepayment, the Trustee may pay to <br /> the Owner the principal amount of such Certificate upon the <br /> maturity thereof and the compliance with the aforesaid conditions <br /> by such Owner, without the issuance of a substitute Certificate <br /> therefor. <br /> All Certificates shall be held and owned upon the express <br /> condition that the foregoing provisions are exclusive with respect <br /> to the replacement or payment of mutilated, destroyed, lost or <br /> stolen Certificates and shall preclude any and all other rights or <br /> -12- D0T437 91/09/24 <br />
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