Laserfiche WebLink
of at least two -hundred million ($200,000,000), subject to supervision or examination by federal <br />or state authority. If such bank, national banking association or trust company publishes a report <br />of condition at least annually, pursuant to law or to the requirements of any supervising or <br />examining authority above referred to, then for the purpose of this subsection the combined capital <br />and surplus of such bank, national banking association or trust company shall be deemed to be its <br />combined capital and surplus as set forth in its most recent report of condition so published. In <br />case at any time the Trustee shall cease to be eligible in accordance with the provisions of this <br />subsection (e) the Trustee shall resign immediately in the manner and with the effect specified in <br />this Section. <br />(f) No provision in this Indenture shall require the Trustee to risk or expend its own <br />funds or otherwise incur any financial liability in the performance of any of its duties hereunder. <br />(g) The Trustee shall not be responsible for the sufficiency, timeliness or enforceability <br />of the Revenues. <br />(h) The Trustee shall not be accountable for the use or application by the Authority, <br />the City or any other party of any funds which the Trustee has released under this Indenture. <br />(i) The Trustee may employ attorneys, agents or receivers in the performance of any <br />of its duties hereunder and shall not be answerable for the misconduct of any such attorney, agent <br />or receiver selected by it with reasonable care. <br />0) Notwithstanding any other provision of this Indenture, in determining whether the <br />rights of the Owners will be adversely affected by any action taken pursuant to the terms and <br />provisions of this Indenture, the Trustee shall consider the effect on the Owners as if there were <br />no policy or policies of municipal bond insurance. <br />SECTION 8.03. Merger or Consolidation. Any company into which the Trustee <br />may be merged or converted or with which it may be consolidated or any company resulting from <br />any merger, conversion or consolidation to which it shall be a party or any company to which the <br />Trustee may sell or transfer all or substantially all of its corporate trust business provided such <br />company shall be eligible under subsection (e) of Section 8.02 shall succeed to the rights and <br />obligations of such Trustee without the execution or filing of any paper or any further act, anything <br />herein to the contrary notwithstanding. <br />SECTION 8.04. Compensation. The Authority shall pay the Trustee, or cause the <br />Trustee to be paid, reasonable compensation for its services rendered hereunder and shall <br />reimburse the Trustee for reasonable expenses incurred by the Trustee in the performance of its <br />obligations hereunder. <br />The Authority agrees, to the extent permitted by law, to indemnify the Trustee and <br />its respective officers, directors, members, employees, attorneys and agents for, and to hold them <br />harmless against, any loss, liability or expense including legal fees and expenses incurred without <br />negligence or willful misconduct on their part arising out of or in connection with the acceptance <br />or administration of the trusts imposed by this Indenture, including performance of their duties <br />hereunder, including the costs and expenses of defending themselves against any claims or liability <br />in connection with the exercise or performance of any of their powers or duties hereunder. Such <br />33 <br />55394.00068\42092121.3 <br />