<br />e
<br />
<br />e
<br />
<br />(3) To modify any of the provisions of this Ordinance in any other respect
<br />whatever, provided that (i) such modification shall be, and be expressed to be, effective only
<br />after all Parity Bonds outstanding at the date of the adoption of such modification shall
<br />cease to be outstanding, and (ii) such modification shall be specifically referred to in the
<br />text of all Additional Bonds issued after the date of the adoption of such modification.
<br />
<br />(h) Any provision of this Ordinance expressly recognizing or granting rights in or to
<br />AMBAC Indemnity may not be amended in any manner which affects the rights or AMBAC
<br />Indemnity hereunder without the prior written consent of AMBAC Indemnity. AMBAC
<br />Indemnity's consent shall be required in addition to the consent of the Owners, when required, for
<br />the following purposes: (i) execution and delivery of any supplemental ordinance (except a
<br />supplemental ordinance authorizing the issuance of Additional Bonds pursuant to the requirements
<br />of Section 14 of this Ordinance); (ii) removal of the Paying AgentlRegistrar for the Bonds and the
<br />selection and appointment of any successor Paying AgentlRegistrar for the Bonds; and (iii)
<br />initiation or approval of any action not described in (i) or (ii) above which requires the consent
<br />of the Owner.
<br />
<br />SEC110N 17. DAMAGED. MlTlUATED. LosT. STOLEN. OR DESlROYIID BONDs. (a) In the
<br />event any outstanding Bond is damaged, mutilated, lost, stolen, or destroyed, the Paying
<br />AgentlRegistrar shall cause to be printed, executed, and delivered, a new bond of the same
<br />principal amount, maturity, and interest rate, as the damaged, mutilated, lost, stolen, or destroyed
<br />Bond, in replacement for such Bond in the manner hereinafter provided.
<br />
<br />(b) Application for replacement of damaged, mutilated, lost, stolen, or destroyed Bonds
<br />shall be made to the Paying AgentlRegistrar. In every case of loss, theft, or destruction of a Bond,
<br />the applicant for a replacement bond shall furnish to the City and to the Paying Agent/Registrar
<br />such security or indemnity as may be required by them to save each of them harmless from any
<br />loss or damage with respect thereto. Also, in every case of loss, theft, or destruction of a Bond,
<br />the applicant shall furnish to the City and to the Paying AgentlRegistrar evidence to their
<br />satisfaction of the loss, theft, or destruction of such Bond, as the case may be. In every case of
<br />damage or mutilation of a Bond, the applicant shall surrender to the Paying AgentlRegistrar for
<br />cancellation the Bond so damaged or mutilated.
<br />
<br />(c) Notwithstanding the foregoing provisions of this Section, in the event any such Bond
<br />shall have matured, and no default has occurred which is then continuing in the payment of the
<br />principal of, redemption premium, if any, or interest on the Bond, the City may authorize the
<br />payment of the same (without surrender thereof expect in the case of a damaged or mutilated
<br />Bond) instead of issuing a replacement Bond, provided security or indemnity is furnished as above
<br />provided in this Section.
<br />
<br />(d) Prior to the issuance of any replacement bond, the Paying AgentlRegistrar shall charge
<br />the owner of such Bond with all legal, printing, and other expenses in connection therewith.
<br />Every replacement bond issued pursuant to the provisions of this Section by virtue of the fact that
<br />any Bond is lost, stolen, or destroyed shall constitute a contractual obligation of the City whether
<br />or not the lost, stolen or destroyed Bond shall be found at any time, or be enforceable by anyone,
<br />and shall be entitled to all the benefits of this Ordinance equally and proportionately with any and
<br />all other Bonds duly issued under this Ordinance.
<br />
<br />22
<br />
|