HomeMy WebLinkAbout1835 _ _ . . _ _ _ , _ . _ _ ,
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SECrtox 11.U'l. Any u~uueye depo~ited ~ith and held by the Truetee ahsll ba held upon Lhe trust$ here~f
for tha acxount of the hoidcra of the bonde in trspeet of ~vhieh they ~cere rec~i~~ed, und shnll l~e npplied to t~ho
payment of the prineipal, premium, if any, interest and interc~t oti overciue prinaipal end interest, as afore-
~ said, upon presentation and eurrender of the bonds, with duly executc~d instniments of transfer ar.d with all
i~~matured coupons, if uny, and, ~vhether ~vith or apArt frora the relevant bonda, of matured or maturing
~ coupons, and tho Truatce shall therettpon cancel and del~ver to the Company the bonda nnd coupons ea sur-
~ ' rendered; but the Trustee ahall in no eveut be liable beyond the amount received.
y ' , SECfION I 1.03. If the amount requir~d to pay auy bonds at their ~tatec~ moturity or to redeem any bonda
~ called for redemption shall be degoeited with the Truatee before auch puyment or redemption date, the holders
~ of such bonda shall have the right to receive prepayment of euch amounta, including interest to the maturity
_ or r~demption dnte of such bonda, at any time after such deposit.
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~ Sr:criox 11.0~. A~iy moneya so depo~ited with and held by the Trustee not so applied to the payment
~ " of bonda and coupons, if any, within G yeara after the date on which tho sume ahall have becnme due atzall
~ be repnid by the Trustee to the Company, and thereafter bondholdere ehall bc: entitled to look only to the
- Company for payment, and then only to the extent of the amount so repaid, and the Company shall not be
liable for ony interest thereon ~nd ehall not be r~garded as a tn~stee of such money; provided~ however, that
3; the Truetee, if any coupon bonde not r~gistered ~s to principal are at the time out~$tanding~ befor8 being re-
; ~ quired to make any such repayment may, at the expense of the Company, giva notice by publication at least
s' ~ once in eaeh of 2 successive calendar weeke, on nny day of e;~ch euch weeks in a newspaper, prin t e
d in t
ho
I English language, of general circulation and customarily publisheci on each busine,~s day in Chicago, Yllinois,
' etating that such moneys have not bcen so applied and that after n dat,R Rpecified therein any unclaimed bal-
~ ance of eaid moneys then re,maini.ng ~vill be repaid to the C'ompany.
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~=E Ariicle 12
~ i Certain Definitione and M~sceilaneous Pmvisions
~ ~ SECrtox 12.01. All the covenanta and provieione of this indenture and of the bonde are for the sole and
' exclusive benefit of fhe parties hereto and the holdere of t~he bonde, and no others aball have any legal, equitable
_ ' or other rig,ht, remedy or claim under or by rea~on of this indenture or of the bonde.
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SECPION 12.02. Any notice to or demand upon the Comp~ny he~ein provided for shall be adequately
` c~ ~erved or made if mailed, postage prepaid, by certified mail, addressed to the Company at 2828 Coral R/ay,
r f Miami, Florida, or such other address ae the Company may from time to time file with the Tnut~e, or if de-
~ livered to the Preaident or Treasurer of the Company in person. ~
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! S~ox 12.03. This indenture may be exeuuted in any number of cownterparte, each of which ehall be
~ deemed an original, and all such counterparte ahall together conetitute but one and the snme instrument,
` ~ j ; which instrument ehall, for all purpoaes, be suffieiently evidenced by any suah exeauted counterpart.
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~ h $~crcox 12.04. ~ The cover of this indenture, the indeac and art,icle headinge, and the marginsl notes and
, headings, if any, are int~ended for convenience on~y and ahall not control or a~ect the meaning, con~txuction
i or effeet of the teut her~f.
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SECriox 12.05. Whenever~ used in this instrument ar in the bonde, the terme,hereinafber in this ~ection
r~ ; quotc~ ahall have, unleea the context requires eome other meaning, the r~peativa meanings in this Sectian, -
~ ~ eet forf~h: • . -
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~ (s) "Company" meane not only General Development Utalitiee, Ino., but also ite sur.oeedive suca~pra
and ae~i~e which ehall have c~omglied witli th~ Provieione of Article 8. , . .
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