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ninety (90) days after such appointment or if the Company or >
Di Giorgio shall consent to or acquiesce in such appointment, $
or the estate or interest of the Company or Di Giorgio in the
Mortgaged Property or the Project or a part thereof sha11 be
levied upon or attached in any proceedings and such process
shall not be vacated or discharged within sixty (60) days after
such levy or attachment, or the charter of the Company or Di
Giorgio shall expire or be annulled or the Company or Di Giorgio
shall be dissolved or liquidated (other than as a result of a
merger or consolidation of the Company or Di Giorgio into or
with another corporation under the conditions permitting such
actions contained in Section 6.03 hereof). ~
(D) The occurr~n~e of any event which would allow
the Trustee of the Concurrent Parity Bonds to accelerate `
the maturity of said Concurrent Parity Bonds.
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Section 7.02. REMEDIES ON DEFAULT. Whenever any
event of default referred to in Section 7.U1 hereof shall
have happened and be subsisting, and ten days after the Trustee ~
has given by registered mail written notice of such default to
the Company, to Di Giorgio and to the Zssuer, the Trustee may,
and at the direction of the~holders of fifty-one per centum (51$)
of the Bonds then outstanding shall, take one or more of the
following remedial steps (the choice of.which step or steps being
in the sole discretion of the Trustee):
(A) Declare to be immediately due and payable, as
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and for the balance of the full purchase price for the Project,
(1) the principal amount of all Bonds then outstanding, (2) ;
accrued interest and interest to accrue thereon to the next >
succeeding redemption date which is at least sixty(60) days
after the date of such declaration, (3) the redemption premium,
if any, for the year in which such default occurs, (4) all fees
and expenses of the Trustee incurred and to be incurred for
its services in the payment of all outstanding Bonds.and coupons
and in the conclusion of its services under and in enforcing
~ this Agreement and as provided in the Resolution, and (5)
any balance of moneys owed by the Company to the Trustee or
the Issuer or either of them under the provisions of
Section 3.03, Section 4.06, Section 7.07 or any other
section of this Agreement; whereupon said halance shall become
ir.~mediately due and payable by the Company to the Trustee. -
After giving the notices to the Cormpany, to Di Giorgio
and~to the Issuer as required by this Section and upon acceleration
of the balance of the purchase price the Trustee shall have
the right.to foreclose the Company's and the Issuer's interest
in the Mortgaged Property including the public sale thereof
in the manner provided in Section 702.02, Florida Statutes,
and other applicable statutes and laws, and the Trustee shall
be entitled to collect and receive from the Company the full
amount by which said aggregate sum due hereunder from the
Company to the Trustee and the Issuer shall exceed the
proceeds of such foreclosure, whether or not the Trustee,
the Issuer or any bondholder shall be the purchaser at
such foreclosure sale.
(B) Enter and take possession of the Mortgaged
Property and the Project without terminating this Agreement,
and use its best efforts to lease the Mortgaged Property and
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