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O-1991-1754
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O-1991-1754
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Last modified
11/2/2016 3:38:50 PM
Creation date
10/25/2006 4:32:17 PM
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Legislative Records
Legislative Type
Ordinance
Date
5/14/1991
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<br />e <br /> <br />e <br /> <br />Indemnity and, at AMBAC Indemnity's direction, to the Insurance Trustee, <br />the registration books of the City maintained by the Paying Agent/Registrar, <br />and .all records relating to the Funds and Accounts maintained under this <br />Ordinance. <br /> <br />(c) The Paying Agent/Registrar shall provide AMBAC Indemnity <br />and the Insurance Trustee with a list of registered owners of Bonds entitled <br />to receive principal or interest payments from AMBAC Indemnity under the <br />terms of the municipal bond guaranty insurance policy issued by AMBAC <br />Indemnity insuring the payment when due of the principal of and interest on <br />the Bonds as provided therein (the "Municipal Bond Guaranty Insurance <br />Policy"), and shall make arrangements with the Insurance Trustee (i) to mail <br />checks or drafts to the registered owners of Bonds entitled to receive full <br />or partial interest payments from AMBAC Indemnity and (ii) to pay prin- <br />cipal upon Bonds surrendered to the Insurance Trustee by the registered <br />owners of Bonds entitled to receive full or partial principal payments from <br />AMBAC Indemnity. <br /> <br />(d) The Paying Agent/Registrar shall, at the time it. provides <br />notice to AMBAC Indemnity pursuant to (a) above, notify registered owners <br />of Bonds entitled to receive the payment of principal or interest thereon <br />from AMBAC Indemnity (i) .as to the fact of such entitlement; (ii) that <br />AMBAC Indemnity will remit to them all or a part of the interest payments <br />next coming due; (iii) that should they be entitled to receive full payment <br />of principal from AMBAC Indemnity, they must present and surrender their <br />Bonds together with any appropriate instrument of assignment for payment to <br />the Insurance Trustee, and not the Paying Agent/Registrar; and (iv) that <br />should they be entitled to receive partial payment of principal from AMBAC <br />Indemnity, they must present and surrender their Bonds for payment <br />thereon first to the Paying Agent/Registrar, who shall note on such Bonds <br />the portion of the principal paid by the Paying Agent/Registrar, and then, <br />along with an. appropriate instrument of assignment, to the Insurance <br />Trustee, which will then pay the unpaid portion of principal. The <br />Insurance Trustee shall disburse to registered owners of Bonds, or the <br />Paying Agent/Registrar, the payment due less any amount held by the <br />Paying Agent/Registrar for payment of principal of or interest on Bonds and <br />legally available therefor. <br /> <br />(e) In the event that the Paying Agent/Registrar has notice <br />that any payment of principal of or interest on a Bond which has become <br />due for payment and which is made to a registered owner by or on behalf of <br />the City has been deemed a preferential transfer and theretofore recovered <br />from its registered owner pursuant to the United States Bankruptcy Code by <br />a trustee in bankruptcy in accordance with the final, nonappealable order of <br />a court having competent jurisdiction, the Paying Agent/Registrar shall, at <br />the time AMBAC Indemnity is notified pursuant to (a) above, notify all <br />registered owners that in the event that any registered owner's payment is <br />so recovered, such registered owner will be entitled to payment from AMBAC <br />Indemnity to the extent of such recovery if sufficient funds are not <br />otherwise available, and the Paying Agent/Registrar shall furnish to AMBAC <br />Indemnity its records evidencing the payments of principal of and interest <br />on the Bonds which have been made by the Paying Agent/Registrar and <br /> <br />23 <br />
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