AMENDMENTS AND SUPPLEMENTS WITHOUT THE BONDHOLDERS' CONSENT. This Indenture may be amended or supplemented at any time and from time to time, without the consent of the Bondholders, but with the consent of the Lessee and the Credit Facility Issuer, if a Credit Facility is in effect (and no Event of Default has occurred and is continuing under the Credit Facility), by a supplemental indenture authorized by a resolution of the Issuer filed with the Trustee, for one or more of the following purposes: (a) to add additional covenants of the Issuer or to surrender any right or power herein conferred upon the Issuer; (b) for any purpose not inconsistent with the terms of this Indenture or to cure any ambiguity or to correct or supplement any provision contained herein or in any supplemental indenture which may be defective or inconsistent with any other provision contained herein or in any supplemental indenture, or to make such other provisions in regard to matters or questions arising under this Indenture which shall not adversely affect the interests of the owners of the Bonds; (c) to permit the Bonds to be converted during the Variable Rate Period to certificateless securities or securities represented by a master certificate held in trust, ownership of which, in either case, is evidenced by book entries on the books of the Bond Registrar, for any period of time; (d) to permit the appointment of a Co-Trustee under this Indenture; (e) to modify, eliminate or add to the provisions of this Indenture to such extent as shall be necessary to effect the qualification of this Indenture under the Trust Indenture Act of 1939, as amended, or under any similar federal statute hereafter enacted, and to add to this Indenture such other provisions as may be expressly permitted by the Trust Indenture Act of 1939, as amended;
Appears in 1 contract
AMENDMENTS AND SUPPLEMENTS WITHOUT THE BONDHOLDERS' CONSENT. This Indenture may be amended or supplemented at any time and from time to time, without the consent of the Bondholders, but with the consent of the Lessee Company and the Credit Facility Issuer, if a Credit Facility is in effect (and no Event of Default default has occurred and is continuing under the Credit Facility), by a supplemental indenture authorized by a resolution of the Issuer filed with the Trustee, for one or more of the following purposes:
(a) to add additional covenants of the Issuer or to surrender any right or power herein conferred upon the Issuer;
(b) for any purpose not inconsistent with the terms of this Indenture or to cure any ambiguity or to correct or supplement any provision contained herein or in any supplemental indenture which may be defective or inconsistent with any other provision contained herein or in any supplemental indenture, or to make such other provisions in regard to matters or questions arising under this Indenture which shall not adversely affect the interests of the owners of the Bonds;
(c) to permit the Bonds to be converted during the Variable Rate Period to certificateless securities or securities represented by a master certificate held in trust, ownership of which, in either case, is evidenced by book entries on the books of the Bond Registrar, for any period of time;
(d) to permit the appointment of a Co-Trustee under this Indenture;
(e) to modify, eliminate or add to the provisions of this Indenture to such extent as shall be necessary to effect the qualification of this Indenture under the Trust Indenture Act of 1939, as amended, or under any similar federal statute hereafter enacted, and to add to this Indenture such other provisions as may be expressly permitted by the Trust Indenture Act of 1939, as amended;
(f) except as otherwise provided in Section 13.2 hereof, to modify, eliminate or add to the provisions of this Indenture to such extent as shall be necessary to obtain a rating of the Bonds from Moody's or S&P; and
Appears in 1 contract
AMENDMENTS AND SUPPLEMENTS WITHOUT THE BONDHOLDERS' CONSENT. This Indenture may be amended or supplemented at any time and from time to time, without the consent of the Bondholders, but with the consent of the Lessee Issuer and the Credit Facility Issuer, if a Credit Facility is in effect (and no Event of Default default has occurred and is continuing under the Credit Facility), by a supplemental indenture authorized by a resolution of the Issuer filed with the Trustee, for one or more of the following purposes:
(a) to add additional covenants of the Issuer or to surrender any right or power herein conferred upon the Issuer;
(b) for any purpose not inconsistent with the terms of this Indenture or to cure any ambiguity or to correct or supplement any provision contained herein or in any supplemental indenture which may be defective or inconsistent with any other provision contained herein or in any supplemental indenture, or to make such other provisions in regard to matters or questions arising under this Indenture which shall not adversely affect the interests of the owners of the Bonds;
(c) to permit the Bonds to be converted during the Variable Rate Period to certificateless securities or securities represented by a master certificate held in trust, ownership of which, in either case, is evidenced by book entries on the books of the Bond Registrar, for any period of time;
(d) to permit the appointment of a Co-Trustee under this Indenture;
(e) to modify, eliminate or add to the provisions of this Indenture to such extent as shall be necessary to effect the qualification of this Indenture under the Trust Indenture Act of 1939, as amended, or under any similar federal statute hereafter enacted, and to add to this Indenture such other provisions as may be expressly permitted by the Trust Indenture Act of 1939, as amended;
(f) except as otherwise provided in Section 13.2 hereof, to modify, eliminate or add to the provisions of this Indenture to such extent as shall be necessary to obtain a rating of the Bonds from Moody's or S&P; and
(g) to amend the administrative provisions hereof to accommodate the provisions of an Alternate Credit Facility. Notwithstanding the foregoing, prior to the making of any amendment or supplement as described in the preceding paragraph, the Issuer shall provide the Trustee, and during the Variable Rate Period (if no default has occurred and is continuing under the Credit Facility) the Credit Facility Issuer, with:
(1) a copy of the proposed amendment or supplement, and
(2) an opinion of counsel to the effect that such amendment or supplement will not adversely affect the interests of the Bondholders. Notwithstanding the foregoing, the Indenture may be amended or supplemented as provided in this Section 13.1 to such extent as may be necessary to obtain a rating of the Bonds from Moody's or S&P without providing the opinion of counsel specified in paragraph (2) above.
Appears in 1 contract
AMENDMENTS AND SUPPLEMENTS WITHOUT THE BONDHOLDERS' CONSENT. This Indenture may be amended or supplemented at any time and from time to time, without the consent of the Bondholders, but with the consent of the Lessee Company and the Credit Facility Issuer, if a Credit Facility is in effect (and no Event of Default has occurred and is continuing under the Credit Facility), by a supplemental indenture authorized by a resolution of the Issuer filed with the Trustee, for one or more of the following purposes:
(a) to add additional covenants of the Issuer or to surrender any right or power herein conferred upon the Issuer;
(b) for any purpose not inconsistent with the terms of this Indenture or to cure any ambiguity or to correct or supplement any provision contained herein or in any supplemental indenture which may be defective or inconsistent with any other provision contained herein or in any supplemental indenture, or to make such other provisions in regard to matters or questions arising under this Indenture which shall not adversely affect the interests of the owners of the Bonds;
(c) to permit the Bonds to be converted during the Variable Rate Period to certificateless securities or securities represented by a master certificate held in trust, ownership of which, in either case, is evidenced by book entries on the books of the Bond Registrar, for any period of time;
(d) to permit the appointment of a Co-Trustee under this Indenture;
(e) to modify, eliminate or add to the provisions of this Indenture to such extent as shall be necessary to effect the qualification of this Indenture under the Trust Indenture Act of 1939, as amended, or under any similar federal statute hereafter enacted, and to add to this Indenture such other provisions as may be expressly permitted by the Trust Indenture Act of 1939, as amended;
(f) except as otherwise provided in Section 13.2 hereof, to modify, eliminate or add to the provisions of this Indenture to such extent as shall be necessary to obtain a rating of the Bonds from Xxxxx'x or S&P;
(g) to amend the administrative provisions hereof to accommodate the provisions of an Alternate Credit Facility; and
(h) to change or modify any provisions of the Indenture (other than as specified in Section 13.2 hereof) which in the judgment of the Trustee are not to the material prejudice of any Bondholder. Notwithstanding the foregoing, prior to the making of any amendment or supplement as described in the preceding paragraph, the Company shall provide the Trustee and the Credit Facility Trustee and during the Variable Rate Period (if no Event of Default has occurred and is continuing under the Credit Facility) the Credit Facility Issuer with:
(1) a copy of the proposed amendment or supplement, and
(2) an opinion of Bond Counsel to the effect that unless the Trustee shall have otherwise given its consent to such amendment or supplement, to the effect that such amendment or supplement will not otherwise adversely affect the interests of the Bondholders.
Appears in 1 contract
Samples: Trust Indenture (Laralev Inc)
