HomeMy WebLinkAbout0110 ARTICLE XII
MISCELLANEOUS ~
Section 12.01. NOTICES DEEMED GIVEN UPON MAILING.
All notices, certificates or other communications hereunder
shall be sufficiently given and shall be deemed given when
mailed by first class mail, postage prepaid, except where
registered mail has been expressly required, addressed as
follows: (A) If to the Issuer, to St. Lucie County Board
of County Commissioners, Post Office Box 7Q0, Ft. Pierce,
Florida, 33450; (B) if to the Company, then to TreeSweet i
Products Co., in care of Di Giorgio Corporation, 1 Maritime .
Plaza, San Francisco, California, 94111, attention of the ;
Secretary; (C) if to Di Giorgio, to Di Giorgio Corporation, ;
1 Maritime Plaza, San Francisco, California, 94111, attention. ~
of the Secretary; (D) if to the Trustee, to Barnett Bank ?
of Jacksonville, National Association, attention Trust Department, ~
100 Laura Street, Jacksonville, Florida, 32202; and (E) if
to the Underwriter, to Thornton, Farish and Gauntt, Post
Office Box 196, Montgomery, Alabama, 36102. The Issuer,
the Company, Di Giorgio, the Trustee and the Underwriter
, may, by notice given hereunder, designate any further or
different addresses to which subsequent notices, certificates ~
or other communication sha11 be sent, but such notice of.
chanqe of address shall be effective only when received by ~
the Trustee on behal~ of the bondholders, and by each other
party hereto. ;
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Section 12.02. AGREEMENT BINDING UPON PARTIES AND
SUCCESSORS. This Agreement shall inure to the benefit of ~
and shall be binding upon the Issuer, the Company, the Trustee
and their respective successors and assigns, subject, however,
to the limitations contained in Sections 3.03, 3.04, 6.03
and 6.05 hereof.
Section 12.03. AGREEMENT EFFECTIVE UPON VALIDATION.
This Agreement shall not become effective and shall be of
no force-and effec.t, unless and until it shall be found and
determined by the Circuit Court in bond validation proceeding
that the Issuer has full power and authority to enter into
and execute this Agreement and that each and every provision ;
herein contained is valid and subsisting.
Section 12.04. DISPOSITION OF REMAINING MONEYS.
It is agreed by the parties hereto that any amounts remaining
in the Bond~Fund, upon performance of this Agreement by the
Company, including payment in full of the Bonds in accordance
with the Resolution, and provided there are no Concurrent
Parity Bonds outstanding, shall belong to and.be paid to
the Company by the Trustee as saon as practicable, but in
no event longer than ten (10) days after such performance,
as overpayment upon the purchase price of the Project.
Section 12.Q5. MODIFICATION ONLY Z9ITH CONSENT OF
TRUSTEE. Except as otherwise provided in this Agreement
or in the Resolution, subsequent to the initial issuance
of the Bonds and prior to their payment in full this Agreement
may not be effectively amended, changed, modified, altered
or terminated without the concurring written consent of the
Trustee.
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