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Financing- Trust Agreement
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Financing- Trust Agreement
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Last modified
9/19/2012 3:45:36 PM
Creation date
9/9/2011 4:19:16 PM
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Building
RecordID
10242
Title
Financing- Trust Agreement
Company
Marion County
BLDG Date
10/7/1998
Building
Courthouse Square
BLDG Document Type
Finance
Project ID
CS9801 Courthouse Square Construction
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~ Unless and until the certificate of atithentication thereon shall have been duly e~ecuted by <br />2 the Trlistee, no Certificate shall be valid or obligatory for any purpose or entitled to anv right or <br />3 benefit under the Agreement. Execution of the certificate of authentication on a Certificate bv an <br />4 authorized signatory of the Trustee shall be conclusive evidence that such Certificate has been <br />~ authenticated and delivered under the Agreement. It shall not be necessary that the same authorized <br />6 signatory of the Trustee execute the certificate of authentication on each of the Certificates in order <br />7 for the Certificates to be valid. <br />8 <br />9 (1) TEMPORARY CERTIFICATES. Until definitive Certificates are ready for delivery, there <br />] o may be e~cecuted and delivered to the purchasers thereof, in lieu of definitive Certificates and subject <br />l 1 to the same limitations and conditions, one or more interim receipts or certificates in fully registered <br />12 form, in denominations totaling the aggregate principal amount of the Certificates, mat~iring, bearin~ <br />13 interest and in substantially the same tenor as otherwise herein authorized for the Certificates, and <br />14 with such appropriate omissions, insertions and variations as may be required. If interim receipts <br />15 or certificates are issued, the County shall cause the definitive Certificates to be prepared and to be <br />l6 executed as aforesaid. Upon presentation to the Trustee of the interim receipts or certificates, the <br />17 Trustee shall cancel the interim receipts or certificates and authenticate and deliver to the holders <br />18 thereof definitive Certificates of an equal aggregate principal amount, bearing appropriate <br />19 characteristics as herein authorized and as sold to the purchasers thereof. Until so exchanged, the <br />?o interim receipts or certificates shall in all respects be entitled to the same benefit and security as the <br />21 definitive Certificates. Interest on the interim receipts or certificates issued in fully registered form. <br />?2 when due and payable, if the definitive Certificates are not ready for exchange, shall be paid by <br />23 check and mailed to the holders thereof. <br />24 <br />'-~ (J) RESERVATION OF RIGHT TO PURCHASE ON OPEN MARKET. Notwithstanding any~thing <br />26 expressed or implied herein to the contrary, the County shall have the right to purchase from time <br />27 to time any Certificates on the open market for the purpose of surrendering such Certificates to the <br />28 Trustee for cancellation, which purchases may be made out of any funds of the County made <br />29 available by it for such purpose. <br />30 <br />31 (K) PERSONS TREATED AS OWNERS. The person in whose name any Certificate shall be <br />3? registered shall be deemed and regarded as the absolute Owner thereof for all purposes, and payment <br />33 of either principal or interest on any Certificate shall be made only to or upon order of the Owner <br />34 thereof or such Owner's legal representative. All such payments shall be valid and effectual to <br />35 satisfy and discharge the liability upon such Certificate to the extent of the sum or sums so paid. The <br />36 County, the Trustee and the County may deem and treat the person in whose name any Certificate <br />37 shall be registered as the absolute Owner of such Certificate whether such Certificate shall be <br />38 overdue or not, for the purpose of receiving payment thereof and for all other purposes whatsoever, <br />39 and neither the County, the Trustee nor the County shall be affected by any notice to the contrary. <br />ao <br />FINANCING AND TRUST AGREEMENT PAGE l~ <br />
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