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AgdaPkt 2017-01-23 Closed and Joint
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AgdaPkt 2017-01-23 Closed and Joint
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Last modified
1/24/2017 10:22:46 AM
Creation date
1/19/2017 3:58:58 PM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Joint
Agency Type
City Council and Successor Agency and Public Financing Authority
Date
1/23/2017
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<br />35 <br />amounts on deposit pursuant hereto and only to the extent that the Trustee shall have received <br />sufficient contribution, income and proceeds in accordance with the terms of this Indenture. <br /> <br />Section 7.05. Merger or Consolidation. Any company into which the Trustee may be <br />merged or converted or with which it may be consolidated or any company resulting from any <br />merger, conversion or consolidation to which it shall be a party or any company to which the <br />Trustee may sell or transfer all or substantially all of its corporate trust business, provided that <br />such company shall be eligible under Section 7.01 hereof, shall be the successor to the Trustee <br />without the execution or filing of any paper or further act, anything herein to the contrary <br />notwithstanding. <br /> <br />Section 7.06. Funds and Accounts. The Trustee may establish such funds and <br />accounts as it reasonably deems necessary or appropriate to perform its obligations hereunder. <br /> <br /> <br />ARTICLE VIII <br /> <br />AMENDMENT OF OR SUPPLEMENT TO TRUST AGREEMENT <br /> <br />Section 8.01. Amendment or Supplement. This Indenture and the rights and <br />obligations of the Authority and of the Owners of the Bonds may be modified or amended by the <br />Authority at any time by the execution of a Supplemental Indenture with the written consent of <br />the Owners of a majority in aggregate principal amount of the Bonds then Outstanding, <br />exclusive of Bonds disqualified as provided in Section 8.02 hereof; provided, that no such <br />consent of the Owners shall be required in connection with an amendment or supplement <br />executed with respect to the issuance of Additional Bonds as authorized herein. Any such <br />Supplemental Indenture shall become effective upon receipt of the consent of the requisite <br />number of Bond Owners. No such modification or amendment shall (1) extend the date for <br />payment of any principal of any Bond or reduce the interest rate thereon, or otherwise alter or <br />impair the obligation of the Authority to pay the principal thereof, or interest thereon, or any <br />premium payable on the redemption thereof, at the time and place and at the rate and in the <br />currency provided therein, without the written consent of the Owner of such Bond, (2) permit the <br />creation by the Authority of any mortgage, pledge or lien upon the Revenues superior to or on a <br />parity with the pledge and lien created for the benefit of the Bonds (except as expressly <br />permitted by this Indenture), (3) reduce the percentage of Bonds required for the affirmative <br />vote or written consent to an amendment or modification, or (4) modify any of the rights or <br />obligations of the Trustee without its written consent thereto. <br /> <br />This Indenture and the rights and obligations of the Authority, of the Trustee and the <br />Owners of the Bonds may also be modified or amended from time to time and at any time by a <br />Supplemental Indenture which the Authority and the Trustee may enter into without the consent <br />of any Bond Owners, if the Trustee determines that the provisions of such Supplemental <br />Indenture shall not materially adversely affect the interests of the Owners of the Bonds, <br />including, without limitation, for any one or more of the following purposes: <br /> <br />(a) to add to the covenants and agreements of the Authority or the City other <br />covenants and agreements thereafter to be observed, to pledge or assign additional <br />security for the Bonds (or any portion thereof), or to surrender any right or power herein <br />reserved to or conferred upon the Authority or the City; <br /> <br />8.C. - Page 146
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