Amendment of the Trust Agreement. (a) This Trust Agreement and the rights and obligations of the Authority and of the Bondholders may be amended at any time by a Supplemental Trust Agreement which shall become binding when the written consent of the Bondholders of a majority in aggregate principal amount of the Bonds then Outstanding, exclusive of Bonds disqualified as provided in Section 9.02, are filed with the Trustee; provided that if such modification or amendment will, by its terms, not take effect so long as any Bonds of any particular maturity or Series remain Outstanding, the consent of the Owners of such Bonds shall not be required and such Bonds shall not be deemed to be Outstanding for the purpose of any calculation of Bonds Outstanding under this Section. No such amendment shall (1) extend the maturity of or reduce the interest rate on or amount of interest on or principal of or redemption premium, if any, on any Bond without the express written consent of the Bondholder of such Bond, or (2) permit the creation by the Authority of any pledge of or charge or lien upon the Revenues as provided herein superior to or on a parity with the pledge, charge and lien created hereby for the benefit of the Bonds, or (3) reduce the percentage of Bonds required for the written consent to any such amendment, or (4) modify any rights or obligations of the Trustee, the Authority, or the County without their prior written assent thereto, respectively. It shall not be necessary for the consent of the Bondholders to approve the particular form of any Supplemental Trust Agreement, but it shall be sufficient if such consent shall approve the substance thereof. Promptly after the execution by the Authority and the Trustee of any Supplemental Trust Agreement pursuant to this subsection (a), the Trustee shall mail a notice on behalf of the Authority, setting forth in general terms the substance of such Supplemental Trust Agreement to the Bondholders at the addresses shown on the registration books maintained by the Trustee. Any failure to give such notice, or any defect therein, shall not, however, in any way impair or affect the validity of any such Supplemental Trust Agreement.
(b) The Trust Agreement and the rights and obligations of the Authority and of the Bondholders may also be amended at any time by a Supplemental Trust Agreement which shall become binding upon adoption but without the consent of any Bondholders, for any purpose that will not materially adversely affect the interests of the Bo...
Amendment of the Trust Agreement. This Trust Agreement may be amended by an instrument in writing executed by the Trustee, Grantor, and the Beneficiary; or by the Trustee and the Beneficiary if the Grantor ceases to exist.
Amendment of the Trust Agreement. (a) Any and all amendments to this Trust Agreement which may be required for the purpose of maintaining the Trust’s status as a grantor trust and as tax exempt under the Code may be made retroactively to the extent permitted by law.
(b) This Trust Agreement may otherwise be amended by the County in accordance with this Section 7.02. If the Trust Agreement is amended in any way that increases the duties of the Trustees, any Trustee may resign effective immediately by giving written notice to the County.
(c) Any amendment to this Trust Agreement shall be made by executive order of the County Executive, after such amendment is approved by the vote of 2/3 of the Trustees. revocable.
(d) No amendment shall conflict with the Program or make the Trust
Amendment of the Trust Agreement. (a) The Company reserves the right to amend this Trust Agreement in the manner set forth in Section 8.1(b) at any time and to any extent that it may deem advisable or appropriate, provided, however, that:
(i) no amendment may increase the duties, rights, responsibilities or liabilities of the Trustee without its written consent;
(ii) no amendment may have the effect of vesting in the Company any interest in or control over any property subject to the terms of this Trust Agreement, except as permitted by law;
(iii) no amendment may be made to Section 4.1 or Section 4.2 without the prior written consent of the Trustee;
(iv) the Company may amend Section 6.3, by a written instrument executed by a person or group of persons authorized to take such action, only with the prior written consent of the Trustee; and no amendment may contravene the provisions of Section 2.3.
(b) Any amendment to this Trust Agreement, except as provided in Section 8.1(a)(iii) will be made only pursuant to action of the Company. A certified copy of the resolution adopting any amendment and a copy of the adopted amendment as executed by the Company will be delivered to the Trustee. Upon such action by the Company, the Trust Agreement will be deemed amended as of the date specified as the effective date by such action or in the instrument of the amendment. The effective date of any amendment may be before, on or after the date of such action.
Amendment of the Trust Agreement. Following the execution and delivery of the Trust Agreement by NCTA, the NCTA shall not enter into any amendment to the Trust Agreement that affects the rights or obligations of NCDOT under this Agreement without the consent of NCDOT.
Amendment of the Trust Agreement. This Trust Agreement and the rights and obligations of the Authority and of the Holders may be amended at any time by a Supplemental Trust Agreement which shall become binding when the written consents of the Holders of a majority in aggregate principal amount of the Bonds then Outstanding, exclusive of Bonds disqualified as provided in Section 6.02 and the written consent of the Bond Insurer are filed with the Trustee. No such amendment shall (1) extend the maturity of or reduce the interest rate on or amount of interest on or principal of or redemption premium, if any, on any Bond without the express written consent of the Holder of such Bond, or
Amendment of the Trust Agreement. This Trust Agreement does not provide or create any contractual or other obligation of the County or any other Employer to provide any benefit to any person. This Trust Agreement may be amended by the Board in its sole discretion in whole or in part, in any manner, and without limit, including reducing or eliminating the payment of any benefits under the Plan or Trust. Such modification, alteration or amendment may be made without providing any other benefits in lieu thereof and for any persons (including but not limited to persons then receiving benefits under the Plan or Trust). However, any assets held in the Trust at the time of amendment shall continue to be held in the Trust and used to provide health benefits in accordance with the Plan and pay reasonable expenses of administration and investment. Any amendment may be made without the consent of the Trustee or any other person or entity. If the Trust Agreement is amended in a way that increases the duties of the Trustee, and the Trustee objects thereto, the Trustee may resign by giving 10 days advance written notice to the Administrator and the County.
Amendment of the Trust Agreement. (a) This Trust Agreement and the rights and obligations of the Authority and of the Holders may be amended at any time by a Supplemental Trust Agreement which shall become binding when the written consent of the Holders of a majority in aggregate principal amount of the Obligations then Outstanding, exclusive of Obligations disqualified as provided in Section 9.02, are filed with the Trustee; provided that if such modification or amendment will, by its terms, not take effect so long as any Obligations of any particular maturity or Series remain Outstanding, the consent of the Holders of such Obligations shall not be required and such Obligations shall not be deemed to be Outstanding for the purpose of any calculation of Obligations Outstanding under this Section. No such amendment shall (1) extend the maturity of or reduce the interest rate on or amount of interest on or principal of or Prepayment premium, if any, on any Obligation without the express written consent of the Holder of such Obligation, or
Amendment of the Trust Agreement. This Agreement may be amended by the Managing Trustee, but only with the prior approval of 66% of the Beneficial Owners; provided, further, that no amendment shall adversely affect the liability of the Beneficial Owners without their approval.
Amendment of the Trust Agreement. (a) The Company reserves the right to amend this Trust Agreement in the manner set forth in subsection (b) at any time and to any extent that it may deem advisable or appropriate, provided, however, that:
(1) No amendment may affect the duties, rights, responsibilities or liabilities of the Trustee without its written consent;
(2) No amendment may have the effect of vesting in Employer any interest in or control over any property subject to the terms of this Trust Agreement; and
(3) No amendment may contravene the provisions of Section 2.4.
(b) Any amendment to this Trust Agreement shall be made only pursuant to action of the Company's Board of Directors. A certified copy of the resolution adopting any amendment and a copy of the adopted amendment as executed by the Company shall be delivered to the Trustee. Upon such action by the Company, the Trustee Agreement shall be deemed amended as of the date specified as the effective date by such action or in the instrument of the amendment. The effective date of any amendment may be before, on or after the date of such action.
(c) Unless an amendment expressly provides otherwise, the Employer shall be bound by any amendment adopted pursuant to this Article 8.
