β¨ Loan Conversion Order Details
Dec. 20.] THE NEW ZEALAND GAZETTE. 4325
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If the holder of any existing securities to which this Order applies does
not, within the time and in the manner provided by this Order, signify his
dissent from the conversion of such securities into new securities, the existing
securities shall be converted into new securities in the same manner as if
application had been made under the last preceding clause. -
Dissent from the conversion of any existing securities may be signified
(a) at any time before the expiration of fourteen days from the date of con-
version, or (b) in the case of any particular holder, within such further time as
the local authority may, on account of special circumstances, in its discretion
allow. -
The dissent of the holder of any existing securities from the conversion
of those securities into new securities shall be signified in writing, and shall be
deemed to be signified when such writing is received by the local authority or by
any person authorized by the local authority to receive it.
SURRENDER OF CONVERTED SECURITIES, AND PAYMENT OF INTEREST THEREON.
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The holder of any existing securities converted into new securities
(whether the conversion is on application or after failure to dissent) shall not be
entitled to demand payment of any interest payable in respect of the existing
securities, or to receive the new securities or any instalment of principal and
interest payable in respect thereof, until he has surrendered the existing securities
to the local authority. -
Subject to the provisions of the last preceding clause, the interest on
the outstanding principal represented by any such existing securities for the
period ending on the date of conversion shall be payable not later than one
month from the date of conversion.
NEW SECURITIES.
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The aggregate amount of principal secured by the new securities to be
issued in conversion of existing securities to which this Order applies, together
with interest thereon computed at the rate of four and one-quarter per centum
per annum, shall be repaid by equal half-yearly instalments over a period of
twenty years, the first such half-yearly instalment to fall due and be paid on the
thirtieth day of September, one thousand nine hundred and thirty-five, and sub-
sequent half-yearly instalments on every thirty-first day of March and thirtieth
day of September thereafter, the last half-yearly instalment to fall due and be
paid on the thirty-first day of March, one thousand nine hundred and fifty-five. -
(1) New securities for the amount of each half-yearly instalment
referred to in the preceding clause shall be issued in the form of debentures in
the form numbered (2) in the Second Schedule hereto.
(2) All new debentures shall be numbered consecutively, and as between the
holders thereof shall rank equally.
(3) Every new debenture shall state on its face the fact that the holder has
no claim in respect thereof upon the Government or public revenues of New
Zealand.
(4) Every new debenture shall be signed by the Chairman, countersigned
by the Treasurer or some other officer appointed by the local authority for the
purpose, and sealed with the common seal of the local authority.
- As the existing securities to which this Order applies bear interest at
a rate which, as reduced in accordance with Part I of the Act, does not exceed
the rate of interest payable on the new securities, the holders of such existing
securities shall on the conversion thereof be entitled to receive new securities for
the same aggregate amount of principal as is secured by the existing securities,
without premium.
PLACE FOR PAYMENT OF PRINCIPAL AND INTEREST.
- The principal and interest in respect of new securities shall be payable in
New Zealand.
SINKING FUND FOR UNCONVERTED SECURITIES.
- (1) If dissent is signified in accordance with the provisions of this Order
from the conversion of any existing securities issued in respect of the loan referred
to in the First Schedule hereto, the local authority, in order to provide funds
for the repayment of the unconverted securities issued in respect of such loan,
shall forthwith make provision for the creation, pursuant to a resolution of the
local authority, of a sinking fund, of which the Public Trustee shall be the
Commissioner.
(2) For such purpose the local authority shall permanently appropriate a
sum which bears the same proportion to the annual contribution payable, before
the date of conversion, to the existing sinking fund of such loan as the aggregate
amount of principal secured by such unconverted securities bears to the aggregate
amount of principal secured by all the existing securities issued in respect of such
loan, and shall pay such sum to the Commissioner yearly and every year until
the maturity date of such unconverted securities, or until the Commissioner is
satisfied that the accumulations of sinking funds will suffice to redeem such
securities at maturity.
(3) The first of such yearly payments shall be made not later than one year
after the date on which the last annual contribution payable before the date
of conversion to the existing sinking fund of such loan was payable.
(4) Subject to the provisions of this Order, the provisions of section thirty-
three of the Fire Brigades Act, 1926, shall, so far as applicable and with all
necessary modifications, apply with respect to such sinking fund.
APPLICATION OF EXISTING SINKING FUNDS.
- (1) The existing sinking fund of the loan referred to in the First
Schedule hereto shall be applied by the Commissioner thereof in or towards
making the following payments, in the following order of priority, namely:β
(4) First, in transferring to the Commissioner of the sinking fund herein-
before required to be created for the unconverted securities issued in
respect of such loan a sum which bears the same proportion to the
amount of such existing sinking fund at the date of conversion as the
aggregate amount of principal secured by such unconverted
securities bears to the aggregate amount of principal secured by all
the existing securities issued in respect of such loan; and
(5) Secondly, as far as it will extend in repayment as at the date of
conversion of the principal secured by the existing securities.
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VUW Te Waharoa —
NZ Gazette 1934, No 94
NZLII —
NZ Gazette 1934, No 94
β¨ LLM interpretation of page content
π°
Palmerston North Fire Board Loans Conversion Order, 1934 (No. 2)
(continued from previous page)
π° Finance & Revenue14 December 1934
Loan conversion, Local authority, Fire Board, Securities, Order in Council