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63-178
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63-178
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Last modified
4/28/2015 2:06:44 PM
Creation date
6/26/2003 10:27:33 AM
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City Clerk
Doc Type
Resolution
Doc #
63-178
Date
11/18/1963
Document Relationships
94-009
(Amended By)
Path:
\Resolutions\CITY COUNCIL\1952 - 1999\1994
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and prescribed by resolution. The city may authorize such new bond or coupon or coupons to be <br />signed and authenticated in such manner as it determines in said resolution. <br /> <br /> Section 14. Cancellation of Bonds. All bonds and coupons surrendered to the Director of <br />Finance or any paying agent of the city for payment upon maturity or for redemption shall <br />upon payment therefor be cancelled immediately and in the case of any paying agent said coupon <br />shall be forthwith transmitted to the Director of Finance. Any bonds purchased by the city as <br />authorized herein together with all unpaid coupons pertaining thereto shall be cancelled forthwith <br />and shall not be reissued. All of the cancelled bonds and interest coupons shall remain in the <br />custody of the Director of Finance until destroyed pursuant to due authorization. <br /> <br /> Section 15. Consent of Bondholders. The consents of bondholders provided for in this section <br />shall relate solely to the amendment, waiver or modification of the covenants specified in Section <br />12 hereof and shall not be effective to waive or modify any other provisions of this resolution or <br />any other proceedings for the issuance of said bonds. Any act relating to the amendment, waiver <br />or modification of any of the said covenants consented to by bondholders holding sixty-six per cent <br />(66%) in aggregate principal amount of the bonds then outstanding (exclusive of issuer-owned <br />bonds), shall be binding upon the holders of all of the bonds and interest coupons, whether such <br />coupons be attached to bonds or detached therefrom, and shall not be deemed an infringement <br />of any of the provisions of this resolution, whatever the character of such act may be, and may <br />be done and performed as fully and freely as if expressly permitted by the terms of this resolution, <br />and after such consent relating to such specified matters has been given, no bondholder or <br />holder of any interest coupon, whether attached to a bond or detached therefrom, shall have <br />any right or interest to object to such action or in any manner to question the propriety thereof' <br />or to enjoin or restrain the city or any officer thereof from taking any action pursuant thereto. <br /> <br /> Bondholders may consent by affirmative vote at a bondholders' meeting or may consent in <br />writing without a meeting, all as hereinafter provided. <br /> <br /> No such amendment, waiver or modification shall be made which will permit (a) a change in <br />the maturity or term of redemption of the principal of any bond or any installment of interest <br />thereon; (b) a reduction in the principal amount of or redemption price or redemption premium or <br />rate of interest upon any bond without the consent of the holder of such bond; or (c) a reduction <br />of the percentage of the principal amount of bonds the vote or consent of which is required to <br />effect any such amendment. <br /> <br /> (a) Calling Bondholders' Meeting. If the city shall desire to obtain any such consent it <br /> may call a meeting of bondholders, by resolution, for the purpose of considering the action, <br /> the consent to which is desired. <br /> <br /> (b) Notice of Meeting. Notice specifying the purpose, place, date and hour of such meet- <br /> ing shall be published once in a financial newspaper or journal of national circulation pub- <br /> lished in the City of New York, New York, not less than sixty (60) days and not more than <br /> ninety (90) days prior to the date fixed for the meeting. Such notice shall set forth the nature <br /> of the proposed action, consent to which is desired. If any of the bonds shall be so registered <br /> as to be payable otherwise than to bearer, the Clerk shall, on or before the first publication <br /> of such notice, mail a similar notice, postage prepaid, to the respective registered owners <br /> thereof at their addresses appearing on the bond registry books. The place, date and hour <br /> of holding such meeting and the date or dates of publishing and mailing such notice shall be <br /> determined by the city, in its discretion. <br /> <br /> The actual receipt by any bondholder of notice of any such meeting shall not be a <br /> condition precedent to the holding of such meeting, and failure to receive such notice shall <br /> not affect the validity of the proceedings thereat. A certificate by the Clerk, approved by <br /> <br />14 <br /> <br /> <br />
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