1. MIDA Bond-Bethany on 42nd
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1. MIDA Bond-Bethany on 42nd
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<br />(b) If the principal of all the Bonds shall have become or been declared due and <br />payable, all such moneys shall be applied to the payment of the principal and interest then <br />due and unpaid upon the Bonds, without preference or priority as between principal or <br />interest, installments of interest on Bonds, ratably according to the amounts due respectively <br />for principal and interest to the persons entitled thereto. <br /> <br />(c) If the principal of all Bonds shall have been declared due and payable, and if <br />such declaration shall thereafter have been rescinded under this Article VIII then, subject to <br />paragraph (b) of this Section 8.3 in the event that the principal of all the Bonds shall later <br />become or be declared due and payable, the moneys shall be applied in accordance with <br />paragraph (a) of this Section 8.3. <br /> <br />Whenever moneys are to be applied pursuant to this Section 8.3, such moneys shall be <br />applied at such times, and from time to time, as the Trustee shall determine, having due regard to <br />the amount of such moneys available for application, the likelihood of additional moneys becoming <br />available for such application in the future, and potential expenses relating to the exercise of any <br />remedy or right conferred on the Trustee by this Indenture. Whenever the Trustee shall apply such <br />moneys, it shall fix the date (which shall be an Interest Payment Date unless it shall deem another <br />date more suitable) upon which such application is to be made and upon such date interest on the <br />amounts of principal to be paid on such dates shall cease to accrue. The Trustee shall give such <br />notice as it may deem appropriate of the deposit with it of any such moneys and of the fixing of any <br />such date, and shall not be required to make payment to the holder of any Bond until such Bond shall <br />be presented to the Trustee for appropriate endorsement or for cancellation if fully paid. <br /> <br />SECTION 8.4. TERMINATION OF PROCEEDINGS. In case the Trustee or Bondholders, as <br />provided herein, shall have proceeded to enforce any right under this Indenture and such proceedings <br />shall have been discontinued or abandoned for any reason, or shall have been determined adversely, <br />then and in any such case the Issuer, the Company, the Trustee and the Bondholders shall be restored <br />to their former positions and rights hereunder and all rights, remedies and powers of the Trustee shall <br />continue as if no such proceedings had been taken. <br /> <br />SECTION 8.5. WAIVERS OR RESCISSION OF EVENTS OF DEF A UL T. Except for failure to pay <br />the principal of, premium, if any, and interest on the Bonds, the Trustee may in its discretion waive <br />any Event of Default hereunder and its consequences and rescind any declaration of maturity of <br />principal and in case of any such waiver or rescission, the Issuer, the Company, the Trustee and the <br />Bondholders shall be restored to their former positions and rights hereunder respectively, but no such <br />waiver or rescission shall extend to or affect any subsequent or other Event of Default, or impair any <br />right consequent thereon. <br /> <br />No delay or omission to exercise any right or power accruing upon any Default or Event of <br />Default shall impair any such right or power or shall be construed to be a waiver of any such Event <br />of Default or acquiescence therein; and every such right and power may be exercised from time and <br />as often as may be deemed expedient. <br /> <br />8-3 <br />
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