Res87 10436 - Laserfiche WebLink

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between the city and the Trustee, with forms of consents by the Developer, the Surety and the Bank and form of agreement of Boettcher & Company, Inc. have been .submitted to the City which evidenced clari fication of poss ible ambigui1:ies in each such document~ and WHEREAS, among other provisions, Section 8.3 of the Loan Agreement, Section 1.6 of the Intercreditor Agreement and Sections 1101, 1103 and 1201 of the Indenture state conditions. pursuant to which one or mbre of such documents may be amended, and pursuant to other documents one or more of the parties to the Loan Agreement, the Intercreditor Agreement or the Indenture may ha ve agreed not to amend or consen t to the amendmen t of one or more of such documents except pursuant to additional conditions stated in such other documents: NOW, THEREFORE, it is DETERMINED and ORDERED as follows: Section 1. The Amendment to Loan Agreement, Amendment to Intercreditor Agreement and Amendment to Indenture, substantially in the forms submitted to the'City, are hereby approved, the City is authorized to execute each such document, and each such document shall be executed by the City by a signing by either the Mayor or .Yice Mayor, by authentication by the signature of the City Clerk or Deputy City Clerk and affixation of the City's seal, and by delivery to the other ~arty or parties thereto. Section 2. Either the Mayor or the Vice Mayor shall receive on behal f of the Ci ty the execution of each such documen t by the other party or parties-thereto, either is further authorized on behalf of the City to approve changes, insertions or omissions in each such document and each officer identified in Section 1 is furthermore authorized to execute or received execution on behalf of the City of any such documents so altered, such approval, execution and reception to be conclusively evidenced by the documents so altered or completed, fully-executed. Section 3. Neither the Amendment to Loan Agreement, Amendment to Intercreditor Agreement or Amendment to Indenture shall be delivered to the other party or parties thereto except upon execution by each of the persons identified as parties or as consenting or agreeing to the respective such document substantially in the form submitted to the City. Section 4. The Trustee shall give Standard & Poor's Corporation the written notice specifed by Section ll01(b) of the Indenture and Section 8.3 of the Loan Agreement. Section 5. Amendment of the Loan Agreement, the Intercredi tor Agreement and the Indenture as provided by this resolution will be in compliance with the stated conditions upon the City pursuant to which such documents may be amended. gen0121.A2 104:16