Agenda - 11-16-2010 - 4k - Laserfiche WebLink

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notice to or consent of any Owner, if the amendment or supplement is required or permitted (i) by the provisions of the Financing Contract or this Trust Agreement, (ii) to cure any ambiguity, inconsistency or formal defect or omission, (iii) in connection with any authorized amendment of or supplement to this Trust Agreement, or (iv) to make any other change that does not materially adversely affect the rights of any Owner. Section 10.02. With Owners' Consent. (a) If the preceding Section does not permit an amendment of or supplement to this Trust Agreement or the Bonds without any consent of Owners, the Company and the Trustee may enter into such amendment or supplement only with the consent of the Majority Owners. (b) If the preceding Section does not permit an amendment of or supplement to the Financing Contract or the Deed of Trust without any consent of Owners, the Company inay enter into, and the Trustee may consent to, such amendment or supplement only with the consent of the Majority Owners. (c) Without the consent of each Owner affected, however, no amendment or supplement to this Trust Agreement, the Bonds, the Financing Contract or the Deed of Trust may (i) extend the maturity of the principal or interest with respect to any Bond, (ii) reduce the principal amount of, or rate of interest on, any .Bond, (iii) effect a privilege or priority of any Bond or Bonds over any other Bond or Bonds, (iv) reduce the percentage • of the principal amount of the Bonds required for consent to such amendment or supplement, (v) impair any exclusion of interest on the Bonds from the federal gross income of the Owner of any Bond, (vi) eliminate any mandatory prepayment of the Bonds, extend the due date for any call for mandatory prepayment, reduce the prepayment price or otherwise change the prepayment terms of such Bonds, (vii) create a lien ranking prior to or on a parity with the lien of this Trust Agreement on the property pledged hereunder (except with respect to a parity pledge for the benefit of the Owners of Additional Bonds), or (viii) deprive any Owner of the lien created by this Trust Agreement on such property. In addition, if moneys or Federal Securities have been deposited or set aside with the Trustee pursuant to Article VII for the payment of Bonds and those Bonds have not in fact actually been paid in full, no amendment to the provisions of that Article may be made without the consent of the Owner of each Bond affected. Section 10.03. Procedure for Amendment with Owners' Written Consent. (a) If the consent of the Owners is required pursuant to Section 10.02 for an amendment or supplement to this Trust Agreement, the Bonds or the Financing Contract, the Trustee will establish a record date, and Owners as of such date will be the Owners • with the right to consent to such amendment or supplement. Such record date will be a date not later than five Business Days after the date the Trustee receives notice or direction from the County or the Company to solicit such consents. 26