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HomeMy WebLinkAbout1825 _ . . ~ . . _ _ ~ , 3 . , # Op. Q. 6 r Gl ; . I~~~~K fA ~ ~ ~~~~~c•riox 8.03. Without limiting any }wwer or right which the Trust,ee may otherwise have, if any event ~ a. ~ of default ahall cecur and be continuing: . ~ (a) the Trustee may, and upon tha written request of the holders of 25% of tha prinaipal amount x' of the banda then outetanding ahall, by written notice t~ the Company declare the principal of all bonds then outatanding, if not already due, to be forthwith due and payable, and thereupon the eame shalt become forthwith dus and payable, anything in the bonde or in thia indenture to the contrary notwith- s; standing, and the bonde, upoa auch dealaration, ah~11 forthwith be paid by the Company axcept that no ; euch declaration with respeat to any default under 8eotion 8.41(d) may be made by the Trustee prior to r vecember 31, 1967; ~ ~ ~ (b) the Trustee may in ita own name and as truatee of an expr~a truet proteat and enforce ita righta and the righ~e af the bondholders by auch actiane, at law or in equit,y or before any sdminietrative tri- ; bunal, ae the Trus~ee, being advised by counsel, ahall deem ap~ropriate, including withou~ limitataon, i~ actions for the apeci6a perfonnance of any covenant hereof, or of the bonde, and for the foreclosure of ~ thia indenture; the Trustee shall be entitled, in its own name and aa trustee of an exprega ttuet, to re- ~ cover judgment for any and all aums then, or during say default becoming due and pay~?ble by the Com- ~ pany under any proviaion hereof or of the bond.e~ including, without limitation, any deficieney in the ~ payment of all amounts due under the provieions hereof or of the bonde remaining after any sale of the " mort~aged property in foreclosure pra~eeciinga or by virtue of the Trust~co'a power of eala or otherwiee, - and, in addition thereto, such amounts as ehall be eufficient to crn•cr the costs and eapensee of eolleation, including attorney's fees, and of other proc~dings hereunder, and to collec~ out of the property of the Company in any man,ner provided by lflw all amounts adjudged or deorecxi to be payable; (a) the Trustee sa a matter of contract rig,ht and not ss a penalty shall be entitled to the appoint- ~ ment of a receiver of, or may enter u~n and takB posee~ion of, all or any patt of the mortg~?ged pmperty and, in accordance with the granting elauees hereof, any other pmperty of the Company then on hund, and auch receiver or the Trustee, with ita co~ent, shall thereupon be entitled to operate all or any part of ~ ' the business of the Company, eubject to the terms and conditiona of the Company's utility franchisea , - and permita and the resolutions of varioue governmental bodies permitting the Company to enter into this Indenture, and to make all expenditurea and to take all actiona necessary or desirable therefor, and to collect and retain all income and earnings arising from such property or busiuesa; i (d) the Truetee may, with or without entry as aforesaid, eell all or any part of the mortgaged prop- ' erty and, in accordance with the granting clauees hereof, any other pronerty of tha Company then on : hand, at public or private sale, upon auch notice, in such manner, at such time or times, aud upon such terma consiaf~ent with the appticable lawa of tha ~tate of Florida, as the Trustee may determine; and ~ , , . ! (e) the Company, to the extent permittQd by law, ahall not claim any righta under any st~y, v~?lua- F_ ~ f~ tion, exemption or extenaion law, and hereby waivea any right of redemption which it may have in respect ; ~ di the mort~a~ed prope~ty ; ~ + . ~ F i~ S~cx~ox 8.04. Upon any sale of all or eubstautially ull the mortgaged pmperty, whether pursuant to _ ~ i ' the Truatee's power of sale or purauant to any judicial proc,eeclings, all bonds then outstend;ng ehall, without ; deolaration by the Trustee, forthwith beoome due and payable. Any purchaser at any such sale (who may ~ €i ~ ~ t ba the Trustee, or any bondholder) shall be entitled to apply sny bond nat a~'ected by Section 1.1? hereof, to ` ~ z the payment of tha purchaaa price of the pmperty eo sold at the sum appartionable and t?pplicabl~ to such ~ bond, including prineipal snd interest thereof, out of tha net groc~ds of such gale. ~ The Trua~ee's deed or ~ ~ ~ other instrtiment of oonveyance or tranefer given purBUant to euch ssle or in the Pacerciae of any of its~rights + ~ . under this Article (which may be in the name of ttie Truetee or as attorney for the Comp~ny hereby irrevocably ~ appointed) eht~ll be e~fective to conveq and tran$fer to the purchaser an indefeaeble title to t,he pmperty cov- F; ered thereby, discharged of aA righta of redemption bq the Company or ~ny pereoa ojaiming under it, and to. . i ~ bar forevet ~ll. cb~ime b~ tue ~ Compsny to the property oovered thereby and n0 puro~i?eer f rom the 'ISrust~ee . ~ ~ ehall be under - dut Zo in ' as to the anlhor~ty of t~he Tn~stee to d~ecuts tbs e~me, a~ ~ to eee tio t~he . ~ ~ ~ ~~~1~+lOQ O~ ~1d j141t~0~ II10~ ' , . ,:i. . . . ; . 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