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HomeMy WebLinkAbout0119_0018Agent/Registrar for cancellation the Bond so damaged or muti- lated (c) No Default Occurred Notwithstanding the foregoing provisions of this Section in the event any such Bond shall have matured and no default has occurred which is then con- tinuing in the payment of the principal of redemption premium if any or interest on the Bond the Issuer may authorize the payment of the same (without surrender thereof except in the case of a damaged or mutilated Bond) instead of issuing a replacement Bond provided security or indemnity is furnished as above provided in this Section (d) Charge for Issuing Replacement Bonds Prior to the issuance of any replacement bond the Paying Agent/Registrar shall charge the registered owner of such Bond with all legal printing and other expenses in connection therewith Every replacement bond issued pursuant to the provisions of this Section by virtue of the fact that any Bond is lost stolen or destroyed shall constitute a contractual obligation of the Issuer whether or not the lost stolen or destroyed Bond shall be found at any time or be enforceable by anyone and shall be entitled to all the benefits of this Ordinance equally and proportionately with any and all other Bonds duly issued under this Ordinance (e) Authority for Issuing Replacement Bonds In accor- dance with Section 6 of Vernon's Ann Tex Civ St Art 717k-6 this Section 10 of this Ordinance shall constitute authority for the issuance of any such replacement bond without necessity of further action by the governing body of the Issuer or any other body or person and the duty of the replacement of such bonds is hereby authorized and imposed upon the Paying Agent/Registrar and the Paying Agent/Registrar shall authen- ticate and deliver such Bonds in the form and manner and with the effect as provided in Section 6(d) of this Ordinance for Bonds issued in conversion and exchange for other Bonds Section 11 CUSTODY APPROVAL AND REGISTRATION OF BONDS BOND COUNSELS OPINION AND CUSIP NUMBERS The Mayor of the Issuer is hereby authorized to have control of the Initial Bond issued hereunder and all necessary records and proceedings pertaining to the Initial Bond pending its delivery and its investigation examination and approval by the Attorney General of the State of Texas and its registration by the Comptroller of Public Accounts of the State of Texas Upon registration of the Initial Bond said Comptroller of Public Accounts (or a deputy designated in writing to act for said Comptroller) shall manually sign the Comptroller s Registration Certificate on the Initial Bond and the seal of said Comptrol- ler shall be impressed or placed in facsimile on the Initial Bond The approving legal opinion of the Issuer s Bond Counsel and the assigned CUSIP numbers may at the option of the Issuer be printed on the Initial Bond or on any Bonds issued and delivered in conversion of and exchange or replacement of any Bora but neither shalom have any legal effect and shall be solely for the convenience and information of the registered owners of the Bonds Section 12 NO ARBITRAGE The Issuer covenants to and with the registered owners of the Bonds that it will make no use of the proceeds of the Bonds at any time throughout the term of this issue of Bonds which if such use had been reason- ably expected on the date of delivery of the Bonds to and payment for the Bonds by the purchasers would have caused the Bonds to be arbitrage bonds within the meaning of Section 103(c) of the Internal Revenue Code of 1954 as amended or any regulations or rulings pertaining thereto and by this covenant the Issuer is obligated to comply with the requirements of the 18 I