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HomeMy WebLinkAbout1835 _ _ . . _ _ _ , _ . _ _ , i . . - - . . . . _ . . . _ . - ` ~ 0. R. e~ ~ R~~: X ~O~ fAGf ~3~ F~ 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. ~ ~ ~ ~ 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. fi ~ 'i i,~ . ~i ~ • ~=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. F - . . 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. ~ [ i . ! 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. 2 i~ ~ 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. st ' 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: • . - ~ ~ . ~ (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. , . . -t ~ . , . ~Y - r^` , ~ - - f - - - - _ - - - - ,t.~: , : ~ . ~ ~ ~ • • . , . . ~ ~ •