Agmt15 City of RWC Public Financing Authority Water Revenue Refunding Bonds

Browse Search

unforeseeable causes beyond its control and without its fault or negligence, including, but not limited to, acts of terrorists, acts of a government, acts of the other party, fires, floods, epidemics, quarantine restrictions, strikes (by employees other than ernployees of the Trustee), freight emba�goes, earthquakes, explosion, mob violence, riot, inability to procure or general sabotage or rationing of labor, equipment, facilities, sources of energy, material or supplies in the open market, litigation or arbitration involving a party or others relating to zoning or other governmental action or inaction pertaining to the project, malicious mischief, condemnation, and unusually severe weather or delays of suppliers or subcontractors due to such causes or any similar event and or occurrences beyond the control of the Trustee. The Trustee agrees to accept and act upon facsimile transmission of written instructions and/or directions pursuant to this Indenture provided, however, that: (a) subsequent to such facsimile transmission of written instructions and/or directions the Trustee shall forthwith receive the originally executed instructions and/or directions, (b) such originally executed instructions and/or directions shall be signed by a person as may be designated and authorized to sign for � the party signing such instructions and/or directions, and (c) the Trustee shall have received a current incumbency certificate containing the specimen signature of such designated person. Section 7.04. Payment Limited. All payments to be made by the Trustee unde� and pursuant to this Indenture shall be made only from the corpus, income and proceeds of the amounts on deposit pursuant hereto and only to the extent that the Trustee shall have received sufficient contribution, income and proceeds in accordance with the terms of this Indenture. Section 7.05. Merger or Consolidation. Any company into which the Trustee may be merged or converted or with which it may be consolidated or any company resulting from any merger, conversion or consolidation to which it shall be a party or any company to which the Trustee may sell or transfer all or substantially all of its corporate trust business, provided that such company shall be eligible under Section 7.01 hereof, shall be the successor to the Trustee without the execution or filing of any paper or further act, anything herein to the contrary notwithstanding. Section 7.06. Funds and Accounts. The Trustee may establish such funds and accounts as it reasonably deems necessary or appropriate to perform its obligations hereunder. ARTICLE VIII AMENDMENT OF OR SUPPLEMENT TO TRUST AGREEMENT ' Section 8.01. Amendment or Supplement. This Indenture and the rights and obligations of the Authority and of the Owners of the Bonds may be modified or amended by the Authority at any time by the execution of a Supplemental Indenture with the written consent of the Owners of a majority in aggregate principal amount of the Bonds then Outstanding, exclusive of Bonds disqualified as provided in Section 8.02 hereof; provided, that no such consent of the Owners shall be required in connection with an amendment or supplement executed with respect to the issuance of Additional Bonds as authorized herein. Any such Supplemental Indenture shall become effective upon receipt of the consent of the requisite number of Bond Owners. No such modification or amendment shall (1) extend the date for payment of any principal of any Bond or reduce the interest rate thereon, or otherwise alter or impair the obligation of the Authority to pay the principal thereof, or interest thereon, or any premium payable on the redemption thereof, at the time and place and at the rate and in the 37