Common use of Amendment of Loan Agreement without Consent of Owners Clause in Contracts

Amendment of Loan Agreement without Consent of Owners. Without the consent of or notice to the Owners of the Bonds, the Pollution Control Corporation may enter into any Supplemental Loan Agreement, and the Trustee may consent thereto, as may be required (a) by the provisions of the Loan Agreement and this Indenture, (b) for the purpose of curing any formal defect, omission, inconsistency or ambiguity therein, (c) to provide any additional procedures, covenants or agreements necessary or desirable to maintain the tax-exempt status of interest on the Bonds, or (d) in connection with any other change therein which is not materially adverse to the Owners of the Bonds. A revision of Exhibit A to the Loan Agreement pursuant to Section 3.03 thereof, shall not be deemed a Supplemental Loan Agreement for purposes of this Indenture. Before the Pollution Control Corporation shall enter into, and the Trustee shall consent to, any Supplemental Loan Agreement pursuant to this Section 12.06, there shall have been delivered to the Trustee an opinion of Bond Counsel stating that such Supplemental Loan Agreement is authorized or permitted by this Indenture and the Act, complies with their respective terms, will, upon the execution and delivery thereof, be valid and binding upon the Pollution Control Corporation and the Company in accordance with its terms and will not, in and of itself, adversely affect the exclusion from gross income for federal tax purposes of interest on the Bonds.

Appears in 1 contract

Samples: Loan Agreement (Tucson Electric Power Co)

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Amendment of Loan Agreement without Consent of Owners. Without the consent of or notice to the Owners of the Bonds, the Pollution Control Corporation may enter into any Supplemental Loan Agreement, and the Trustee may consent thereto, as may be required (a) by the provisions of the Loan Agreement and this Indenture, (b) for the purpose of curing any formal defect, omission, inconsistency or ambiguity therein, (c) to provide any additional procedures, covenants or agreements necessary or desirable to maintain the tax-exempt status of interest on the Bonds, or (d) in connection with any other change therein which is not materially adverse to the Owners of the Bonds. A revision of Exhibit A to the Loan Agreement pursuant to Section 3.03 thereof, thereof shall not be deemed a Supplemental Loan Agreement for purposes of this Indenture. Before the Pollution Control Corporation shall enter into, and the Trustee shall consent to, any Supplemental Loan Agreement pursuant to this Section 12.06, there shall have been delivered to the Trustee an opinion of Bond Counsel stating that such Supplemental Loan Agreement is authorized or permitted by this Indenture and the Act, complies with their respective terms, will, upon the execution and delivery thereof, be valid and binding upon the Pollution Control Corporation and the Company in accordance with its terms and will not, in and of itself, adversely affect the exclusion from gross income for federal tax purposes of interest on the Bonds.

Appears in 1 contract

Samples: Loan Agreement (Tucson Electric Power Co)

Amendment of Loan Agreement without Consent of Owners. Without the consent of or notice to the Owners of the Bonds, the Pollution Control Corporation Authority may enter into any Supplemental Loan Agreement, and the Trustee may consent thereto, as may be required (a) by the provisions of the Loan Agreement and this Indenture, (b) for the purpose of curing any formal defect, omission, inconsistency or ambiguity therein, (c) to provide any additional procedures, covenants or agreements necessary or desirable to maintain the tax-exempt status of interest on the Bonds, or (d) in connection with any other change therein which is not materially adverse to the Owners of the Bonds. A revision of Exhibit A to the Loan Agreement pursuant to Section 3.03 thereof, thereof shall not be deemed a Supplemental Loan Agreement for purposes of this Indenture. Before the Pollution Control Corporation Authority shall enter into, and the Trustee shall consent to, any Supplemental Loan Agreement pursuant to this Section 12.06, there shall have been delivered to the Trustee an opinion of Bond Counsel stating that such Supplemental Loan Agreement is authorized or permitted by this Indenture and the Act, complies with their respective terms, will, upon the execution and delivery thereof, be valid and binding upon the Pollution Control Corporation Authority and the Company in accordance with its terms and will not, in and of itself, adversely affect the exclusion from gross income for federal tax purposes of interest on the Bonds.

Appears in 1 contract

Samples: Loan Agreement (Tucson Electric Power Co)

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Amendment of Loan Agreement without Consent of Owners. Without the consent of or notice to the Owners of the Bonds, the Pollution Control Corporation Authority may enter into any Supplemental Loan Agreement, and the Trustee may consent thereto, as may be required (a) by the provisions of the Loan Agreement and this Indenture, (b) for the purpose of curing any formal defect, omission, inconsistency or ambiguity therein, (c) to provide any additional procedures, covenants or agreements necessary or desirable to maintain the tax-exempt status of interest on the Bonds, or (d) in connection with any other change therein which is not materially adverse to the Owners of the Bonds. A revision of Exhibit A to the Loan Agreement pursuant to Section 3.03 thereof, shall not be deemed a Supplemental Loan Agreement for purposes of this Indenture. Before the Pollution Control Corporation Authority shall enter into, and the Trustee shall consent to, any Supplemental Loan Agreement pursuant to this Section 12.06, there shall have been delivered to the Trustee an opinion of Bond Counsel stating that such Supplemental Loan Agreement is authorized or permitted by this Indenture and the Act, complies with their respective terms, will, upon the execution and delivery thereof, be valid and binding upon the Pollution Control Corporation Authority and the Company in accordance with its terms and will not, in and of itself, adversely affect the exclusion from gross income for federal tax purposes of interest on the Bonds.

Appears in 1 contract

Samples: Loan Agreement (Tucson Electric Power Co)

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