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If the principal of all the Bonds of any Series shall have been declared due and payable,and <br /> if such declaration shall thereafter have been rescinded and annulled under the provisions of this Article, <br /> then, subject to the provisions of paragraph (b) of this Section in the event that the principal of all of the <br /> Bonds shall later become due or be declared due and payable,moneys described herein shall be applied in <br /> accordance with the provisions of paragraph (a)of this Section. <br /> Whenever moneys are to be applied by the Trustee pursuant to the provisions of paragraph(b)of this <br /> Section, such moneys shall be applied by it at such times, and from time to time, as the Trustee shall <br /> determine,having due regard to the amount of such moneys available for application and the likelihood of <br /> additional moneys becoming available for such application in the future;provided that all such moneys to <br /> be applied shall be applied first to payment in full of Senior Bonds then due prior to payment of any <br /> Subordinate Bonds. Whenever the Trustee shall so apply such funds, it shall fix the date(which shall be <br /> an Interest Payment Date unless it shall deem another date more suitable)upon which such application is to <br /> be made and upon such date interest on the amounts of principal to be paid on such dates shall cease to <br /> accrue. The Trustee shall give such notice as it may deem appropriate of the deposit with it of any such <br /> moneys and of the fixing of any such date, and shall not be required to make payment to the holder of any <br /> unpaid Bond until such Bond shall be presented to the Trustee for appropriate endorsement or for <br /> cancellation if fully paid. <br /> Whenever all Bonds and interest thereon have been paid under the provisions of this Section and all <br /> expenses and charges of the Trustee and any amounts owed the City under this Indenture or the Loan <br /> Agreement have been paid,any balance remaining shall be paid to the persons entitled to receive the same; <br /> if no other person shall be entitled thereto,then the balance shall be paid to the Borrower. <br /> Section 7.06 Trustee May File Proofs of Claims. In case of the pendency of any receivership, <br /> insolvency,liquidation,bankruptcy,reorganization,arrangement,adjustment,composition or other judicial <br /> proceeding relative to the City or the Borrower or any other obligor upon the Bonds or the property of the <br /> City or the Borrower or of such other obligor or their creditors, the Trustee (irrespective of whether the <br /> principal of the Bonds shall then be due and payable as therein expressed or by declaration or otherwise and <br /> irrespective of whether the Trustee shall have made any demand on the City and/or the Borrower for the <br /> payment of overdue principal or interest) shall be entitled and empowered, by intervention in such <br /> proceeding or otherwise, <br /> A. to file and prove a claim for the whole amount of principal,premium, if any,and interest <br /> owing and unpaid in respect of the Bonds then outstanding and to file such other papers or <br /> documents as may be necessary or advisable in order to have the claims of the Trustee(including <br /> any claim for the reasonable compensation, expenses,disbursements and advances of the Trustee, <br /> its agents and counsel)and of the Bondholders allowed in such judicial proceedings, and <br /> B. to collect and receive any moneys or other property payable or deliverable on any such <br /> claims and to distribute the same; <br /> and any receiver, assignee, trustee, liquidator, sequestrator or other similar official in any such judicial <br /> proceeding is hereby authorized by each Bondholder to make such payments to the Trustee,and,in the event <br /> that the Trustee shall consent to the making of such payments directly to the Bondholders, to pay to the <br /> Trustee any amount due to it for the reasonable compensation,expenses,disbursements,and advances of the <br /> Trustee, its agents and counsel. <br /> - 51 - <br />