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Res13 15263
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Res13 15263
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Last modified
8/28/2013 12:22:50 PM
Creation date
5/23/2013 9:38:47 AM
Metadata
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Template:
CC Index
CC Index - Document Type
Resolution
Meeting Type
Joint
Agency Type
City Council and Public Finance Authority
Date
5/20/2013
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without the execution or filing of any paper or further act, anything herein to the contrary <br /> notwithstanding. <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 /> ARTICLE VIII <br /> AMENDMENT OF OR SUPPLEMENT TO.TRUST AGREEMENT <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 <br /> at any time by the execution of a Supplemental Indenture with the written consent of the Owners <br /> of a majority in aggregate principal amount of the Bonds then Outstanding, exclusive of Sonds <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 it� the currency provided therein, without the written <br /> consent of the Owner of such Bond, (2) permit the creation by the Authority of any mortgage, <br /> pledge or lien upon the Revenues superior to or on a parity with the pledge and lien created for <br /> the benefit of the Bonds (except as expressly permitted by this Indenture), (3) reduce the <br /> percentage of Bonds required for the affirmative vote or written consent to an amendment or <br /> modification, or (4) modify any of the rights or obligations of the Trustee without its written <br /> consent thereto. <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 affe.ct ttie interests of the Owners of the Bonds, <br /> including;without limitation, for any one or more of the following purposes: <br /> (a) to add to the covenants and agreements of the Authority or the Ciry other <br /> covenants and agreements thereafter to be observed, to pledge or assign additional security for <br /> the Bonds (or any portion thereo�, or to surrender. any right or power herein reserved to or <br /> conferred upon the Authority or the City; <br /> , (b) to make such provisions for the purpose of curing any ambiguity, <br /> inconsistency or omission, or of curing or correcting any defective provision, contained in this <br /> Indenture, or in regard to matters or questions arising under this Indenture, as the Authority or the <br /> City may deem necessary or desirable; <br /> -40- <br /> 338471_1.DOC <br />
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