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Agenda - 11-16-1993 - VIII-A (2)
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Agenda - 11-16-1993 - VIII-A (2)
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8/16/2017 11:34:26 AM
Creation date
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BOCC
Date
11/16/1993
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
VIII-A
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L961 <br /> ARTICLE XIII <br /> SUPPLEMENTAL INDENTURES AND AMENDMENTS OF THE CONTRACT <br /> Section 13.01.Supplemental Indentures Not Requiring Consent of Owners. The Trustee and <br /> the Corporation may, without the consent of, or notice to, the Owners, enter into such indentures or <br /> agreements supplemental hereto for any one or more or all of the following purposes: <br /> (a) To add to the covenants and agreements of the Corporation contained in this <br /> Indenture other covenants and agreements to be thereafter observed by the Corporation; or <br /> (b) To cure any ambiguity, or to cure, correct or supplement any defect or omission or <br /> inconsistent provision contained in this Indenture, or to make any provisions with respect to <br /> matters arising under this Indenture or for any other purpose if such provisions do not adversely <br /> affect the interests of the Owners. <br /> Section 13.02.Supplemental Indentures Requiring Consent of Owners. Exclusive of <br /> supplemental indentures covered by Section 13.01, the written consent of the Owners of not less than a <br /> majority in aggregate principal amount of the Bonds then Outstanding shall be required for the execution <br /> by the Corporation and the Trustee of any indenture or indentures supplemental hereto; provided, <br /> however, that without the consent of the Owners of all the Bonds at the time Outstanding nothing herein <br /> contained shall permit, or be construed as permitting: <br /> (a) A change in the terms of redemption or maturity of the principal amount of or the <br /> interest on any outstanding Bond or a reduction in the principal amount of or premium payable <br /> upon any redemption of any outstanding Bond or the rate of interest thereon: <br /> (b) The deprivation of the Owner of any Bond then Outstanding of the lien created by <br /> this Indenture (other than as originally permitted hereby); <br /> (c) A privilege or priority of any Bond or Bonds over any other Bond or Bonds; or <br /> (d) A reduction in the aggregate principal amount of the Bonds required for consent to <br /> such supplemental indenture. <br /> If at any time the Corporation shall request the Trustee to enter into such supplemental indenture <br /> for any of the purposes of this Section, the Trustee shall, upon being satisfactorily indemnified with <br /> respect to expenses, cause notice of the proposed execution of such supplemental indenture to be mailed <br /> by mail to the Owners of the Bonds then Outstanding at the address shown on the registration books <br /> maintained by the Trustee. Such notice shall briefly set forth the nature of the proposed supplemental <br /> indenture and shall state that copies thereof are on file at the principal corporate trust office of the Trustee <br /> for inspection by all owners. If, within 60 days following the giving of such notice, the Owners of not <br /> less than a majority in aggregate principal amount of the Bonds then Outstanding at the time of the <br /> execution of any such supplemental indenture shall have consented to and approved the execution thereof <br /> as herein provided, no Owner shall have any right to object to any of the terms and provisions contained <br /> therein, or in the operation thereof, or in any manner to question the propriety of the execution thereof, <br /> or to enjoin or restrain the Trustee or the Corporation from executing the same or from taking any action <br /> pursuant to the provisions thereof. <br /> 47 <br />
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