Laserfiche WebLink
<br />31 <br />or rationing of labor, equipment, facilities, sources of energy, material or supplies in the open <br />market, litigation or arbitration involving a party or others relating to zoning or other governmental <br />action or inaction pertaining to the project, malicious mischief, condemnation, and unusually <br />severe weather or delays of suppliers or subcontractors due to such causes or any similar event <br />and/or occurrences beyond the control of the Trustee. <br /> <br />The Trustee agrees to accept and act upon facsimile transmission of written instructions <br />and/or directions pursuant to this Indenture provided, however, that: (a) subsequent to such <br />facsimile transmission of written instructions and/or directions the Trustee shall forthwith receive <br />the originally executed instructions and/or directions, (b) such originally executed instructions <br />and/or directions shall be signed by a person as may be designated and authorized to sign for <br />the party signing such instructions and/or directions, and (c) the Trustee shall have received a <br />current incumbency certificate containing the specimen signature of such designated person. <br /> <br />Section 7.04. Payment Limited. All payments to be made by the Trustee under and <br />pursuant to this Indenture shall be made only from the corpus, income and proceeds of the <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 accounts <br />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 obligations <br />of the Authority and of the Owners of the Bonds may be modified or amended by the Authority at <br />any time by the execution of a Supplemental Indenture with the written consent of the Owners of <br />a majority in aggregate principal amount of the Bonds then Outstanding, exclusive of Bonds <br />disqualified as provided in Section 8.02 hereof; provided, that no such consent of the Owners <br />shall be required in connection with an amendment or supplement executed with respect to the <br />issuance of Additional Bonds as authorized herein. Any such Supplemental Indenture shall <br />become effective upon receipt of the consent of the requisite number of Bond Owners. No such <br />modification or amendment shall (1) extend the date for payment of any principal of any Bond or <br />reduce the interest rate thereon, or otherwise alter or impair the obligation of the Authority to pay <br />the principal thereof, or interest thereon, or any premium payable on the redemption thereof, at <br />the time and place and at the rate and in the currency provided therein, without the written consent <br />of the Owner of such Bond, (2) permit the creation by the Authority of any mortgage, pledge or <br />lien upon the Revenues superior to or on a parity with the pledge and lien created for the benefit <br />of the Bonds (except as expressly permitted by this Indenture), (3) reduce the percentage of <br />8.A. - Page 151 of 255 <br />779