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81006050
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Last modified
1/14/2010 11:27:18 PM
Creation date
1/14/2010 11:25:20 PM
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DEEDS
Inst Number
81006050
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2A4 <br />81- i~i;50~%~ <br />available for such application and the likelihood of addi- <br />tional moneys becoming available for such application in the <br />future; the deposit of such moneys with the Paying Agents, <br />or otherwi~s: setting aside such moneys, in trust, for the <br />proper purpose shall constitute proper application by the <br />Trustee; and the Trustee shall incur no liability whatsoever <br />to the Issuer, to any Bondholder or to any other persons for <br />any delag in ?pplying any such moneys, so long as the <br />Trustee acts wYth reasonable diligence, having due regard <br />for the circumstances then existing, and ultimately applies <br />the same in accordance with such provisions of this <br />Indenture as may be applicable at the time of application by <br />the Trustee. Whenever the Trustee shall exercise such <br />discretion in applying such moneys, it shall fix the date <br />(which shall be an interest payment date unless the 'Trustee <br />shall deem another date more suitable) upon which such <br />application is to be made and upon such date interest on the <br />amounts of principal to be paid on such date shall cease to <br />accrue. The Trustee shall give such notice as it may deem <br />appropriate for the fixing of any such date. <br />Section 805. Effect of Discontinuance of Proceedings. <br />Yn case any proceeding taken by the Trustee, on account of <br />any defa~~lt, shall have bean discontinued or abandor_ed for <br />any reason, then and in every such case the Issuer, the <br />Trustee and the Bondholders shall be restored to their <br />former positions and rights hereunder, respectively, and all <br />rights, remedies, powers and duties of the Trustee shall <br />continue as though no proceeding had been taken. <br />Section 806. Holders of Ma'orit of Bonds Ma Control <br />Proceedin s. Anything in this Indenture to a contrary <br />notwi standing, the holders of sixty-six and two-thirds <br />percent (66 2/3%) in aggregate principal amount of the Bonds <br />then outstanding hereunder shall have the right, subject to <br />the provisions of Section 902 of this Indenture, by an <br />instrument or concurrent instruments in writing executed and <br />delivered to the Trustee, to direct the method and place of <br />conducting all remedial proceedings tp be taken by the <br />Trustee hereunder, provided that such direction shall not be <br />otherwise than in accordance with law and the provisions of <br />this Indenture. <br />Section o0~. Restrictions - on Action~by Individual <br />Bondholder. Ato holder o any o e Bon s sha~1~ve any <br />rig t to institute any suit, action or proceeding in equity <br />or at law on any Bond or for the execution of any trust <br />hereunder or for any other remedy hereunder unless each of <br />the following conditions shall have been satisfied: (i) <br />such holder shall have given to the Trustee written notice <br />of the event of default on account of which such suit, <br />action or proceeding is to be instituted; (ii) the holders <br />of not less than sixty-six and two-thirds percent (66 2/3%) <br />in aggregate principal amount of the Bands then outstanding <br />shall have made written request of the Trustee after the <br />61 <br /> <br /> <br /> <br />
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