Amendments Permitted. This Indenture and the rights and obligations of the Authority, the Trustee and the Owners of the Bonds hereunder may be modified or amended from time to time and at any time for any lawful purpose, by an indenture or indentures supplemental hereto, which the Authority and the Trustee may enter into without the consent of any Bondholder but with the prior written consent of the Company and the Bank (as long as the Bank is not in default under the Letter of Credit); provided, however, that the consent of the Bank shall not be required in connection with the execution and delivery of any Supplemental Indenture to become effective only upon delivery and acceptance by the Trustee of a Substitute Letter of Credit. The foregoing to the contrary notwithstanding, no such modification or amendment shall, without the consent of the Company and the Owners of all Bonds then Outstanding, (i) extend the maturity date of any Bond, (ii) reduce the amount of principal thereof, (iii) extend the time of payment or change the method of computing the rate of interest thereon, without the consent of the Owner of each Bond so affected, or eliminate the Owners’ rights to tender the Bonds, (iv) extend the due date for the purchase of Bonds tendered by the Owners thereof, or (v) reduce the Purchase Price of such Bonds; provided, however, that no consent of the Holders of the Bonds then Outstanding shall be required for any modification or amendment to this Indenture which is to become effective only following a mandatory tender of all Bonds for purchase in connection with the exercise of the Conversion Option. It shall not be necessary for the consent of the Bondholders to approve the particular form of any Supplemental Indenture, 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 Indenture pursuant to this Section 10.01, the Trustee shall mail a notice, setting forth in general terms the substance of such Supplemental Indenture, to each Rating Agency and to the Owners of the Bonds at the addresses of such Owners shown on the Bond Register. 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 Indenture.
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Samples: Loan Agreement (Gateway Trade Center Inc.), Loan Agreement (Gateway Trade Center Inc.)
Amendments Permitted. (a) This Indenture and any of the rights and obligations of the Authority, the Trustee Authority and of the Owners of the Bonds hereunder and of the Trustee may be modified or amended from time to time and at any time for any lawful purpose, by an indenture or indentures supplemental heretothereto, which the Authority and the Trustee may enter into without when the consent written consents of any Bondholder but the Owners of a majority in aggregate principal amount of all Bonds then Outstanding which are affected by the amendment, shall have been filed with the prior written consent of the Company and the Bank (as long as the Bank is not in default under the Letter of Credit)Trustee; provided, however, that the consent of the Bank shall not be required in connection with the execution and delivery of any Supplemental Indenture to become effective only upon delivery and acceptance by the Trustee of a Substitute Letter of Credit. The foregoing to the contrary notwithstanding, no such modification or amendment shall, without the consent of the Company and the Owners of all of the Bonds then OutstandingOutstanding which would be affected thereby, shall (i) extend the fixed maturity date of any BondBonds, (ii) or reduce the amount of principal thereof, (iii) thereof or extend the time of payment payment, or change the method of computing the rate of interest thereon, or extend the time of payment of interest thereon, without the consent of the Owner of each Bond so affected, or eliminate (ii) reduce the Owners’ rights aforesaid percentage of Bonds the consent of the Owners of which is required to tender effect any such modification or amendment, or (iii) permit the Bondscreation of any lien on the Revenues and other assets pledged under this Indenture prior to or on a parity with the lien created by this Indenture except as permitted herein, or (iv) extend the due date for the purchase of Bonds tendered by deprive the Owners thereofof the Bonds of the lien created by this Indenture on such Revenues and other assets (except as expressly provided in this Indenture), or (v) reduce without the Purchase Price of such Bonds; provided, however, that no consent of the Holders Owners of all of the Bonds then Outstanding shall be required for any modification or amendment to this Indenture which is to become effective only following a mandatory tender of all Bonds for purchase in connection with the exercise of the Conversion OptionOutstanding. It shall not be necessary for the consent of the Bondholders Bond Owners to approve the particular form of any Supplemental Indenture, but it shall be sufficient if such consent shall approve the substance thereof. Promptly after the execution by the Authority and the Trustee Consent of any Supplemental Indenture pursuant to this Section 10.01, the Trustee shall mail a notice, setting forth in general terms the substance of such Supplemental Indenture, to each Rating Agency and to the Owners of the Bonds at the addresses of such Owners shown on the Bond Register. Any failure to give such notice, or any defect therein, shall not, however, may be obtained as provided in any way impair or affect the validity of any such Supplemental IndentureSection 9.02 hereof.
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Samples: Master Indenture, Indenture
Amendments Permitted. (a) This Indenture and the rights and obligations of the Authority, the Trustee Authority and of the Owners of the Bonds hereunder and of the Trustee may be modified or amended from time to time and at any time for any lawful purpose, by an indenture or indentures supplemental heretoa Supplemental Indenture, which the Authority and the Trustee may enter into without execute when the consent of any Bondholder but with the prior written consent of the Company and Owners of a majority in aggregate principal amount of the Bank (as Bonds then Outstanding shall have been filed with the Trustee; provided that if such modification or amendment will, by its terms, not take effect so long as the Bank is not in default under the Letter any Bonds of Credit); providedany particular maturity remain Outstanding, however, that the consent of the Bank Owners of such Bonds shall not be required in connection with and such Bonds shall not be deemed to be Outstanding for the execution and delivery purpose of any Supplemental Indenture to become effective only upon delivery and acceptance by the Trustee calculation of a Substitute Letter of CreditBonds Outstanding under this Section 10.01. The foregoing to the contrary notwithstanding, no No such modification or amendment shall, without the consent of the Company and the Owners of all Bonds then Outstanding, shall (i1) extend the fixed maturity date of any Bond, (ii) or reduce the amount of principal thereof, (iii) provided in this Indenture for the payment of any Bond, or reduce the rate of interest thereon, or extend the time of payment or change the method of computing the rate of interest thereon, or reduce any premium payable upon the redemption thereof, without the consent of the Owner of each Bond so affected, or eliminate (2) reduce the Owners’ rights aforesaid percentage of Bonds the consent of the Owners of which is required to tender effect any such modification or amendment, or permit the creation of any lien on the Net Revenues and other assets pledged under this Indenture prior to or on a parity with the lien created by this Indenture, other than Parity Obligations, or deprive the Owners of the Bonds of the lien created by this Indenture on such Net Revenues and other assets (except as expressly provided in this Indenture), or terminate the insurance of the Bonds, (iv) extend without the due date for the purchase of Bonds tendered by the Owners thereof, or (v) reduce the Purchase Price of such Bonds; provided, however, that no consent of the Holders Owners of all of the Bonds then Outstanding shall be required for or modify any modification or amendment to this Indenture which is to become effective only following a mandatory tender of all Bonds for purchase in connection with the exercise of the Conversion Optionrights or obligations of the Trustee without its prior written consent. It shall not be necessary for the consent of the Bondholders Owners to approve the particular form of any Supplemental Indenture, 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 Indenture pursuant to this Section 10.01subsection (a), the Trustee shall mail a notice, setting forth in general terms the substance of such Supplemental Indenture, to each Rating Agency and Indenture to the Owners of the Bonds at the addresses of such Owners shown on the Bond RegisterRegistration Books. 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 Indenture.
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Amendments Permitted. (a) This Indenture and the rights and obligations of the Authority, the Trustee Authority and of the Owners of the Bonds hereunder and of the Trustee may be modified or amended from time to time and at any time for any lawful purpose, by an indenture or indentures supplemental heretothereto, which the Authority and the Trustee may enter into without when the consent of any Bondholder but with the prior written consent of the Company Office and the Bank (as Owners of a majority in aggregate principal amount of the Bonds then Outstanding shall have been filed with the Trustee; provided that if such modification or amendment will, by its terms, not take effect so long as the Bank is not in default under the Letter any Bonds of Credit); providedany particular maturity remain Outstanding, however, that the consent of the Bank Owners of such Bonds shall not be required in connection with and such Bonds shall not be deemed to be Outstanding for the execution and delivery purpose of any Supplemental Indenture to become effective only upon delivery and acceptance by the Trustee calculation of a Substitute Letter of CreditBonds Outstanding under this Section 9.01. The foregoing to the contrary notwithstanding, no No such modification or amendment shall, without the consent of the Company and the Owners of all Bonds then Outstanding, shall (i1) extend the fixed maturity date of any Bond, (ii) or reduce the amount of principal thereof, (iii) or extend the time of payment or change reduce the method amount of computing any Mandatory Sinking Account Payment provided in this Indenture for the payment of any Bond, or reduce the rate of interest thereon, or extend the time of payment of interest thereon, or reduce any premium payable upon the redemption thereof, without the consent of the Owner of each Bond so affected, or eliminate the Owners’ rights to tender the Bonds, (iv) extend the due date for the purchase of Bonds tendered by the Owners thereof, or (v2) reduce the Purchase Price aforesaid percentage of such Bonds; provided, however, that no Bonds the consent of the Holders Owners of which is required to effect any such modification or amendment, or permit the creation of any lien on the Revenues and other assets pledged under this Indenture prior to or on a parity with the lien created by this Indenture, or deprive the Owners of the Bonds of the lien created by this Indenture on such Revenues and other assets (except as expressly provided in this Indenture and the Loan Agreement), without the consent of the Owners of all of the Bonds then Outstanding shall be required for any modification or amendment to this Indenture which is to become effective only following a mandatory tender of all Bonds for purchase in connection with the exercise of the Conversion OptionOutstanding. It shall not be necessary for the consent of the Bondholders Owners to approve the particular form of any Supplemental Indenture, 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 Indenture pursuant to this Section 10.01subsection (a), the Trustee shall mail a notice, setting forth in general terms the substance of such Supplemental Indenture, to each Rating Agency and to the Owners of the Bonds at the addresses of such Owners shown on the Bond Registerbond 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 Indenture.
Appears in 1 contract
Samples: Indenture
Amendments Permitted. This Indenture and the rights and obligations of the Authority, of the Trustee and of the Owners Holders of the Bonds hereunder may be modified or amended from time to time and at any time for any lawful purpose, by an indenture or indentures supplemental hereto, which the Authority and the Trustee may enter into without the consent of any Bondholder Bondholders but with the prior written consent of the Company and the Bank (as long as the Bank is not in default under the Letter terms of any of the Letters of Credit); provided, however, provided that the Trustee determines that such modification or amendment will not materially adversely affect the interests of the Bondholders or result in any material impairment of the security hereby given. In making such determination, the Trustee may rely on an opinion of Counsel selected by the Trustee. Any other modification or amendment must be approved by a majority in aggregate principal amount of the Bonds then Outstanding, provided that such consent of the Bank Bondholders shall not no be required if such modification or amendment is consented to in connection with writing by the execution and delivery Bank provided that (a) the Bank is not then in default of its obligations under the terms of any Supplemental Indenture to become effective only upon delivery of the Letters of Credit and acceptance (b) no voluntary or involuntary case has been commenced by the Trustee filing of a Substitute Letter petition under the United States Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up or composition or adjustment of Creditdebts by or against the Bank. The foregoing to the contrary notwithstanding, no such modification or amendment shall, without the consent of the Company and the Owners Holders of all Bonds then Outstanding, (i) extend the maturity date of any Bond, (ii) reduce the amount of principal thereof, (iii) extend the time of payment or change the method of computing the rate of interest thereon, without the consent of the Owner Holder of each Bond so affected, or eliminate the Owners’ Holders' rights to tender the Bonds, (iv) extend the due date for the purchase of Bonds tendered by the Owners Holders thereof, or (v) reduce the Purchase Price of such Bonds; provided, however, that no consent of the Holders of the Bonds then Outstanding shall be required for any modification or amendment to this Indenture which is to become effective only following a mandatory tender of all Bonds for purchase in connection with the exercise of the Conversion Option. It shall not be necessary for the consent of the Bondholders to approve the particular form of any Supplemental Indenture, 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 Indenture pursuant to this Section 10.01, the Trustee shall mail a notice, setting forth in general terms the substance of such Supplemental Indenture, to each Rating Agency then rating the Bonds and to the Owners Holders of the Bonds at the addresses of such Owners shown on the Bond Registerregistration books of 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 Indenture.
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Amendments Permitted. (A) This Indenture and the rights and obligations of the Authority, Authority and of the Trustee and the Owners Holders of the Bonds hereunder and of the Trustee may be modified or amended from time to time and at any time for any lawful purpose, by an indenture or indentures supplemental hereto, which the Authority and the Trustee may enter into without when the consent of any Bondholder but with the prior written consent of the Company and the Bank (as long as the Bank is Holders of not less than a majority in default under the Letter of Credit); provided, however, that the consent of the Bank shall not be required in connection with the execution and delivery of any Supplemental Indenture to become effective only upon delivery and acceptance by the Trustee of a Substitute Letter of Credit. The foregoing to the contrary notwithstanding, no such modification or amendment shall, without the consent of the Company and the Owners aggregate principal amount of all Bonds then Outstanding, shall have been filed with the Trustee. No such modification or amendment shall (i1) extend the fixed maturity date of any Bond, (ii) or reduce the amount of principal thereof, (iii) or extend the time of payment payment, or change the method of computing the rate of interest thereon, or extend the time of payment of interest thereon, without the consent of the Owner Holder of each Bond so affected, or eliminate the Owners’ rights to tender the Bonds, (iv) extend the due date for the purchase of Bonds tendered by the Owners thereof, or (v2) reduce the Purchase Price aforesaid percentage of such Bonds; provided, however, that no Bonds the consent of the Holders of which is required to effect any such modification or amendment, or permit the creation of any lien on the Revenues and other assets pledged under this Indenture prior to or on a parity with the lien created by this Indenture, or deprive the Holders of the Bonds of the lien created by this Indenture on such Revenues and other assets (except as expressly provided in this Indenture), without the consent of the Holders of all of the Bonds then Outstanding shall be required for any modification or amendment to this Indenture which is to become effective only following a mandatory tender of all Bonds for purchase in connection with the exercise of the Conversion OptionOutstanding. It shall not be necessary for the consent of the Bondholders to approve the particular form of any Supplemental Indenture, 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 Indenture pursuant to this Section 10.01subsection (A), the Trustee shall mail a notice, setting forth in general terms the substance of such Supplemental Indenture, to each Rating Agency then rating the Bonds and to the Owners Holders of the Bonds at the addresses of such Owners address shown on the Bond Registerregistration books of 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 Indenture.
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Amendments Permitted. This Indenture and the rights and obligations of the Authority, of the Trustee and of the Owners Holders of the Bonds hereunder may be modified or amended amended, from time to time time, and at any time time, for any lawful purpose, by an indenture or indentures supplemental hereto, which the Authority and the Trustee may enter into without the consent of any Bondholder Bondholders but with the prior written consent of the Company and the Bank (as long as the Bank is not in default under the Letter of Credit); provided, however, that the consent of the Bank shall not be required in connection with the execution and delivery of any Supplemental Indenture to become effective only upon delivery and acceptance by the Trustee of a Substitute Letter of Credit. The foregoing to the contrary notwithstanding, no such modification or amendment shall, without the written consent of the Company and the Owners holders of all Bonds then Outstanding, : (i) extend the maturity date of any Bond, ; (ii) reduce the amount of principal thereof, ; (iii) extend the time of payment or change the method of computing the rate of interest thereon, without the consent of the Owner Holder of each Bond so affected, or eliminate the Owners’ Holders' rights to tender the Bonds, ; (iv) extend the due date for the purchase of Bonds tendered by the Owners Holders thereof, ; or (v) reduce the Purchase Price purchase price of such Bonds; provided, however, that no consent of the Holders of the Bonds then Outstanding shall be required for any modification or amendment to this Indenture which is to become effective only following a mandatory tender of all Bonds for purchase in connection with the exercise of the Conversion Option. It shall not be necessary for the consent of the Bondholders to approve the particular form of any Supplemental Indenture, 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 Indenture pursuant to this Section 10.01, the Trustee shall mail a notice, setting forth in general terms the substance of such Supplemental Indenture, to each Rating Agency rating agency then rating the Bonds and to the Owners Holders of the Bonds at the addresses of such Owners address shown on the Bond Registerregistration books of 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 Indenture.
Appears in 1 contract
Samples: Nutrition Management Services Co/Pa
Amendments Permitted. This Indenture and the rights and obligations of the Authority, the Trustee and the Owners of the Bonds hereunder Certificates and the Purchase Contract and the rights and obligations of the parties thereto and the Acquisition Agreement may be modified or amended from time to time and at any time for any lawful purpose, by an indenture or indentures a supplemental hereto, agreement which shall become effective when the Authority and the Trustee may enter into without the consent of any Bondholder but with the prior written consent consents of the Company and the Bank (as long as the Bank is not Owners of a majority in default under the Letter of Credit); provided, however, that the consent aggregate principal amount of the Bank shall not be required in connection with Certificates then Outstanding (or, if the execution and delivery of any Supplemental Indenture to become effective only upon delivery and acceptance by the Trustee of a Substitute Letter of Credit. The foregoing to the contrary notwithstanding, no such modification or amendment shallrelates only to one series, without the consent a majority in aggregate principal amount of the Company and Certificates of such series then Outstanding), exclusive of Certificates disqualified as provided in Section 9.03 hereof, shall have been filed with the Trustee. Unless approved in writing by the Owners of all Bonds then Outstandingthe Certificates affected thereby, nothing herein contained shall permit, or be construed as permitting, (i) extend a change in the maturity date times, amounts or currency of payment of the principal of, or premium if any, or interest on, any Outstanding Certificate, or a reduction in the principal amount or redemption price of any Bond, (ii) reduce the amount of principal thereof, (iii) extend the time of payment Outstanding Certificate or change the method of computing the rate of interest thereon, or (ii) the creation of a claim or lien upon, or a pledge of, the trust estate ranking prior to or on a parity with the claim, lien or pledge created by this Indenture, or (iii) a reduction in the aggregate principal amount of Certificates the consent of the Owners of which is required for any such supplemental agreement. This Indenture and the rights and obligations of the Owners of the Certificates, and the Purchase Contract and the Acquisition Agreement and the rights and obligations of the parties thereto, may be modified or amended at any time by a supplemental agreement, without the consent of the Owner of each Bond so affected, or eliminate the any such Owners’ rights to tender the Bonds, (iv) extend the due date for the purchase of Bonds tendered by the Owners thereof, or (v) reduce the Purchase Price of such Bonds; provided, however, that no consent of the Holders of the Bonds then Outstanding shall be required for any modification or amendment to this Indenture which is to become effective only following a mandatory tender of all Bonds for purchase in connection with the exercise of the Conversion Option. It shall not be necessary for the consent of the Bondholders to approve the particular form of any Supplemental Indenture, 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 Indenture pursuant to this Section 10.01, the Trustee shall mail a notice, setting forth in general terms the substance of such Supplemental Indenture, to each Rating Agency and only to the Owners of the Bonds at the addresses of such Owners shown on the Bond Register. 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 Indenture.extent permitted by law and only as follows:
Appears in 1 contract
Samples: Acquisition Agreement
Amendments Permitted. (A) This Indenture and the rights and obligations of the Authority, Authority and of the Trustee and the Owners Holders of the Bonds hereunder and of the Trustee may be modified or amended from time to time and at any time for any lawful purpose, by an indenture or indentures supplemental hereto, which the Authority and the Trustee may enter into without when the consent of any Bondholder but with the prior written consent of the Company and the Bank (as long as the Bank is Holders of not less than a majority in default under the Letter of Credit); provided, however, that the consent of the Bank shall not be required in connection with the execution and delivery of any Supplemental Indenture to become effective only upon delivery and acceptance by the Trustee of a Substitute Letter of Credit. The foregoing to the contrary notwithstanding, no such modification or amendment shall, without the consent of the Company and the Owners aggregate principal amount of all Bonds then Outstanding, and the Bank, if any, shall have been filed with the Trustee and the Trustee has received an Approving Opinion. No such modification or amendment shall (i1) extend the fixed maturity date of any Bond, (ii) or reduce the amount of principal thereof, (iii) or extend the time of payment payment, or change the method of computing the rate of interest thereon, or extend the time of payment of interest thereon, without the consent of the Owner Holder of each Bond so affected, or eliminate the Owners’ rights to tender the Bonds, (iv) extend the due date for the purchase of Bonds tendered by the Owners thereof, or (v2) reduce the Purchase Price aforesaid percentage of such Bonds; provided, however, that no Bonds the consent of the Holders of which is required to effect any such modification or amendment, or permit the creation of any lien on the Trust Estate prior to or on a parity with the lien created by this Indenture, or deprive the Holders of the Bonds of the lien created by this Indenture on such Trust Estate (except as expressly provided in this Indenture), without the consent of the Holders of all of the Bonds then Outstanding shall be required for any modification or amendment to this Indenture which is to become effective only following a mandatory tender and receipt by the Trustee of all Bonds for purchase in connection with the exercise of the Conversion Optionan Approving Opinion. It shall not be necessary for the consent of the Bondholders to approve the particular form of any Supplemental Indenture, 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 Indenture pursuant to this Section 10.01subsection (A), the Trustee shall mail a noticenotice provided by the Borrower, setting forth in general terms the substance of such Supplemental Indenture, to each Rating Agency then rating the Bonds and to the Owners Holders of the Bonds at the addresses of such Owners address shown on the Bond Registerregistration books of 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 Indenture.
Appears in 1 contract
Amendments Permitted. (a) This Indenture and the rights and obligations of the AuthorityCounty, the Trustee and the Owners of the Bonds hereunder and the Trustee may be modified or amended from time to time and at any time for any lawful purpose, by an indenture or indentures supplemental heretoa Supplemental Indenture, which the Authority County and the Trustee may enter into without the consent of any Bondholder but with the prior written consent of the Company and the Bank (as long as the Bank is not in default under the Letter of Credit); provided, however, that the consent of the Bank shall not be required in connection with the execution and delivery of any Supplemental Indenture to become effective only upon delivery and acceptance by the Trustee Owners of a Substitute Letter of Credit. The foregoing to the contrary notwithstanding, no such modification or amendment shall, without the consent of the Company and the Owners majority in aggregate principal amount of all Bonds then Outstanding, which shall have been filed with the Trustee. No such modification or amendment shall (i) extend the fixed maturity date of any BondBonds, (ii) or reduce the amount of principal thereof, (iii) or reduce the interest rate borne thereby, or extend the time of payment or change the method of computing the rate of interest thereonpayment, without the consent of the Owner of each Bond so affected, or eliminate the Owners’ rights to tender the Bonds, (iv) extend the due date for the purchase of Bonds tendered by the Owners thereof, or (vii) reduce the Purchase Price aforesaid percentage of such Bonds; provided, however, that no Bonds the consent of the Holders Owners of which is required to effect any such modification or amendment without the consent of the Owners of all of the Bonds then Outstanding shall be required for Outstanding, or (iii) permit the creation of any modification or amendment to lien on the Reassessments and other assets pledged under this Indenture which is prior to become effective only following or on a mandatory tender parity with the lien created by this Indenture or deprive the Owners of the Bonds of the lien created by this Indenture on such Reassessments and other assets (except as expressly provided in this Indenture), without the consent of the Owners of all Bonds for purchase in connection with the exercise of the Conversion OptionBonds then Outstanding. It shall not be necessary for the consent of the Bondholders Bond Owners to approve the particular form of any Supplemental Indenture, but it shall be sufficient if such consent shall approve the substance thereof. Promptly after the execution by the Authority County and the Trustee of any Supplemental Indenture pursuant to this Section 10.01subsection (a), the Trustee shall mail a noticenotice (the form of which shall be furnished to the Trustee by the County), by first class mail postage prepaid, setting forth in general terms the substance of such Supplemental Indenture, to each Rating Agency and to the Owners of the Bonds at the respective addresses of such Owners shown on the Bond RegisterRegistration Books. 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 Indenture.
Appears in 1 contract
Samples: Indenture of Trust
Amendments Permitted. This Indenture Indenture, with respect to the rights and obligations of the Owners of the Certificates, and the Lease and the rights and obligations of the Authorityparties thereto, the Trustee and the Owners of the Bonds hereunder may be modified or amended from time to time and at any time by a supplemental agreement which will become effective when the written consents of the Owners of sixty percent (60%) in aggregate principal amount of the Certificates then Outstanding, will have been filed with the Trustee. No such modification or amendment will (a) extend or have the effect of extending the fixed maturity of the Certificates or reducing the interest rate with respect thereto or extending the time of payment of interest, or reducing the amount of principal thereof or reducing any premium payable upon the redemption thereof, without the express consent of the Owner of such Certificates, (b) reduce or have the effect of reducing the percentage of the Certificates required for the affirmative vote or written consent to an amendment or modification of the Lease, or (c) modify any lawful purposeof the rights or obligations of the Trustee without its prior written assent thereto. Any such supplemental agreement will become effective as provided in Section 10.02. This Indenture with respect to the rights and obligations of the Owners of the Certificates, by an indenture or indentures supplemental hereto, which the Authority and the Trustee Lease and the rights and obligations of the parties thereto, may enter into be modified or amended at any time by a supplemental agreement, without the consent of any Bondholder such Owners, but only to the extent permitted by law, and only (a) to cure, correct or supplement any ambiguous or defective provision contained herein or therein in a manner not inconsistent with the prior written consent terms hereof or thereof or (b) in regard to questions arising hereunder or thereunder, as the parties hereto or thereto may deem necessary or desirable and which will not adversely affect the interest of the Company and the Bank (as long as the Bank is not in default under the Letter Owners of Credit); provided, however, that the consent of the Bank shall not be required in connection with the such Certificates. Any such supplemental agreement will become effective upon execution and delivery of any Supplemental Indenture to become effective only upon delivery and acceptance by the Trustee of a Substitute Letter of Credit. The foregoing to parties hereto or thereto as the contrary notwithstanding, no such modification or amendment shall, without the consent of the Company and the Owners of all Bonds then Outstanding, (i) extend the maturity date of any Bond, (ii) reduce the amount of principal thereof, (iii) extend the time of payment or change the method of computing the rate of interest thereon, without the consent of the Owner of each Bond so affected, or eliminate the Owners’ rights to tender the Bonds, (iv) extend the due date for the purchase of Bonds tendered by the Owners thereof, or (v) reduce the Purchase Price of such Bonds; provided, however, that no consent of the Holders of the Bonds then Outstanding shall be required for any modification or amendment to this Indenture which is to become effective only following a mandatory tender of all Bonds for purchase in connection with the exercise of the Conversion Option. It shall not be necessary for the consent of the Bondholders to approve the particular form of any Supplemental Indenture, 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 Indenture pursuant to this Section 10.01, the Trustee shall mail a notice, setting forth in general terms the substance of such Supplemental Indenture, to each Rating Agency and to the Owners of the Bonds at the addresses of such Owners shown on the Bond Register. 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 Indenturecase may be.
Appears in 1 contract
Samples: Trust Indenture
Amendments Permitted. (a) This Indenture and the rights and obligations of Borrower and of the Authority, the Trustee and the Registered Owners of the Bonds hereunder Notes and of Trustee may be modified or amended from time to time and at any time for any lawful purpose, by an indenture or indentures supplemental heretothereto, which the Authority Borrower and the Trustee may enter into without the consent of any Bondholder but with the prior written consent of the Company Credit Issuer and the Bank (as long as the Bank is not in default under the Letter of Credit); provided, however, that the consent of the Bank shall not be required in connection with the execution and delivery of any Supplemental Indenture to become effective only upon delivery and acceptance by the Trustee Registered Owners of a Substitute Letter majority in aggregate principal amount of Creditall Notes then Outstanding, which consent Borrower and Credit Issuer shall file with Trustee. The foregoing to the contrary notwithstanding, no No such modification or amendment shall, without the consent of the Company and the Owners of all Bonds then Outstanding, shall (i) extend the fixed maturity date of any BondNote, (ii) reduce the amount of principal thereof, (iii) extend the time of payment or change the method of computing the rate of interest thereon or extend the time of payment of interest thereon, without the consent of the Registered Owner of each Bond Note so affected; (ii) reduce the aforesaid percentage of Notes the consent of the Registered Owners of which is required to effect any such modification or amendment; or (iii) permit the creation of any lien on the Account Funds and other assets pledged under this Indenture prior to or on a parity with the lien created by this Indenture or deprive the Registered Owners of the Notes of the lien created by this Indenture on such Account Funds and other assets (except as expressly provided in this Indenture), without the consent of the Registered Owners of all of the Notes then Outstanding, or eliminate the Owners’ rights to tender the Bonds, (iv) extend adversely affect the due date for the purchase interests of Bonds tendered by the Owners thereof, or (v) reduce the Purchase Price of such Bonds; provided, however, that no consent of the Holders of the Bonds then Outstanding shall be required for any modification or amendment to this Indenture which is to become effective only following a mandatory tender of all Bonds for purchase in connection with the exercise of the Conversion OptionTender Agent without its prior written consent. It shall not be necessary for the consent of the Bondholders Registered Owners to approve the particular form of any Supplemental Indenture, but it shall be sufficient if such consent shall approve the substance thereof. Promptly after the execution by the Authority Borrower and the Trustee of any Supplemental Indenture pursuant to this Section 10.01subsection (a), the Trustee shall mail a noticecopy of the Supplemental Indenture to Tender Agent and mail a notice to be prepared by Borrower, setting forth in general terms the substance of such Supplemental Indenture, to each Rating Agency rating agency then rating the Notes and to the Registered Owners of the Bonds Notes at the addresses of such Owners address shown on the Bond Registerregistration books of Note Registrar. Any However, any failure to give such notice, or any defect therein, shall not, however, not in any way impair or affect the validity of any such Supplemental Indenture.
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Amendments Permitted. (a) This Indenture and the rights and obligations of the Authority, Authority and of the Holders of the Authority Notes and of the Trustee and the Owners of the Bonds hereunder may be modified or amended from time to time and at any time for any lawful purpose, by an indenture or indentures supplemental hereto, which the Authority and the Trustee may enter into without the consent of any Bondholder but upon filing with the prior Trustee of the written consent of the Company Holders of 60% in aggregate principal amount of all Authority Notes then Outstanding, and the Bank (or the Credit Bank, as long as the Bank is not in default under the Letter of Credit); provided, however, that the consent of the Bank shall not be required in connection with the execution and delivery of any Supplemental Indenture to become effective only upon delivery and acceptance by the Trustee of a Substitute Letter of Creditapplicable. The foregoing to the contrary notwithstanding, no No such modification or amendment shall, without the consent of the Company and the Owners of all Bonds then Outstanding, shall (i1) extend the fixed maturity date of any BondAuthority Note, (ii) or reduce the amount of principal thereof, (iii) or extend the time of payment payment, or change the method of computing the rate of interest thereon, or extend the time of payment of interest thereon, without the consent of the Owner Holder of each Bond Authority Note so affected, or eliminate the Owners’ rights to tender the Bonds, (iv) extend the due date for the purchase of Bonds tendered by the Owners thereof, or (v2) reduce the Purchase Price aforesaid percentage of such Bonds; provided, however, that no Authority Notes the consent of the Holders of the Bonds then Outstanding shall be which is required for to effect any such modification or amendment to amendment, or permit the creation of any lien on the Revenues and other assets pledged under this Indenture which is prior to become effective only following or on a mandatory tender parity with the lien created by this Indenture, or deprive the Holders of the Authority Notes of the lien created by this Indenture on such Revenues and other assets (except as expressly provided in this Indenture), without the consent of the Holders of all Bonds for purchase in connection with the exercise of the Conversion OptionAuthority Notes then Outstanding. It shall not be necessary for the consent of the Bondholders Noteholders to approve the particular form of any Supplemental Indenture, 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 Indenture pursuant to this Section 10.01subsection (a), the Trustee shall mail a notice, setting forth in general terms the substance of such Supplemental Indenture, to each Rating Agency then rating the Authority Notes and to the Owners Holders of the Bonds Authority Notes at the addresses of such Owners address shown on the Bond Registerregistration books of 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 Indenture.
Appears in 1 contract
Samples: Continuing Covenant Agreement
Amendments Permitted. This The Indenture and the rights and obligations of the AuthorityBoard, of the Trustee and of the Owners Holders of the Bonds hereunder may be modified or amended from time to time and at any time for any lawful purpose, by an indenture or indentures supplemental heretothereto, which the Authority Board and the Trustee may enter into without the consent of any Bondholder Bondholders but with the prior written consent of the Company and the Bank (as long as the Letter of Credit Bank is not in default under the Letter of Credit); provided, however, provided that the Trustee determines that such modification or amendment will not materially adversely affect the interests of the Bondholders or result in any material impairment of the security given under the Indenture. Any other modification or amendment must be approved by a majority in aggregate principal amount of the Bonds then Outstanding, provided that such consent of the Bank Bondholders shall not be required if such modification or amendment is consented to in connection with the execution and delivery of any Supplemental Indenture to become effective only upon delivery and acceptance writing by the Trustee Bank provided that (a) the Letter of Credit Bank is not then in default of its obligations under the Letter of Credit and (1)) no voluntary or involuntary case has been commenced by the filing of a Substitute petition under the United States Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up or composition or adjustment of debts by or against the Letter of CreditCredit Bank. The foregoing to the contrary notwithstanding, no such modification or amendment shall, without the consent of the Company and the Owners Holders of all Bonds then Outstanding, (i) extend the maturity date of any Bond, (ii) reduce the amount of principal thereof, (iii) extend the time of payment or change the method of computing the rate of interest thereon, without the consent of the Owner Holder of each Bond so affected, or eliminate the Owners’ Holders' rights to tender the Bonds, (iv) extend the due date for the purchase of Bonds tendered by the Owners Holders thereof, or (v) reduce the Purchase Price purchase price of such Bonds; provided, however, that no consent of the Holders of the Bonds then Outstanding shall be required for any modification or amendment to this Indenture which is to become effective only following a mandatory tender of all Bonds for purchase in connection with the exercise of the Conversion Option. It shall not be necessary for the consent of the Bondholders to approve the particular form of any Supplemental Indenture, but it shall be sufficient if such consent shall approve the substance thereof. Promptly after the execution by the Authority Board and the Trustee of any Supplemental Indenture pursuant to this Section 10.01Indenture, the Trustee shall mail a notice, setting forth in general terms the substance of such Supplemental Indenture, to each Rating Agency rating agency then rating the Bonds, if any, and to the Owners Holders of the Bonds at the addresses of such Owners address shown on the Bond Registerregistration books of 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 Indenture.
Appears in 1 contract
Amendments Permitted. This (A) Except as provided in subsection (B), this Indenture and the rights and obligations of the Authority, Authority and of the Trustee and the Owners Holders of the Bonds hereunder and of the Trustee may be modified or amended from time to time and at any time for any lawful purpose, by an indenture or indentures supplemental hereto, which the Authority and the Trustee may enter into without when the consent of any Bondholder but with the prior written consent of the Company and the Bank Holders of a majority in aggregate principal amount of all Bonds then Outstanding (as long as the Bank is not in default under the Letter or, if such amendment only applies to a particular series of Credit); providedBonds, however, that the consent of the Bank Holders of a majority in aggregate principal amount of all Bonds of such series then Outstanding or, in lieu thereof, of any Credit Provider as provided in Section 11.13 hereof) and an Approving Opinion shall not be required in connection have been filed with the execution and delivery of any Supplemental Indenture to become effective only upon delivery and acceptance by the Trustee of a Substitute Letter of CreditTrustee. The foregoing to the contrary notwithstanding, no No such modification or amendment shall, without the consent of the Company and the Owners of all Bonds then Outstanding, shall (i1) extend the fixed maturity date of any Bond, (ii) or reduce the amount of principal thereof, (iii) or change the rights of optional and mandatory tender or extend the time of payment payment, or change the method of computing the rate of interest thereon or create a privilege or priority of any Bond over any other Bond, or extend the time of payment of interest thereon, without the consent of the Owner Holder of each Bond so affected, or eliminate the Owners’ rights to tender the Bonds, (iv) extend the due date for the purchase of Bonds tendered by the Owners thereof, or (v2) reduce the Purchase Price aforesaid percentage of such Bonds; provided, however, that no Bonds the consent of the Holders of which is required to effect any such modification or amendment, or (3) permit the creation of any lien on the Revenues and other assets pledged under this Indenture prior to or on a parity with the lien created by this Indenture, or (4) deprive the Holders of the Bonds of the lien created by this Indenture on such Revenues, the First Mortgage Bonds and other assets (except as expressly provided in this Indenture), without the consent of the Holders of all of the Bonds then Outstanding shall be required for any modification or amendment to this Indenture which is to become effective only following a mandatory tender and receipt by the Trustee of all Bonds for purchase in connection with the exercise of the Conversion Optionan Approving Opinion. It shall not be necessary for the consent of the Bondholders to approve the particular form of any Supplemental Indenture, 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 Indenture pursuant to this Section 10.01subsection (A), the Trustee shall mail a notice, setting forth in general terms the substance of such Supplemental Indenture, to each Rating Agency then rating the Bonds, the Remarketing Agent and to the Owners Holders of the Bonds at the addresses of such Owners shown on the Bond Registerregistration books of 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 Indenture.
Appears in 1 contract
Samples: New Jersey Resources Corp
Amendments Permitted. (a) This Indenture and the rights and obligations of the AuthorityCommunity Facilities District, the Trustee and the Owners of the Bonds hereunder and the Trustee may be modified or amended from time to time and at any time for any lawful purpose, by an indenture or indentures supplemental heretoa Supplemental Indenture, which the Authority Community Facilities District and the Trustee may enter into without the consent of any Bondholder but with the prior written consent of the Company and the Bank (as long as the Bank is not in default under the Letter of Credit); provided, however, that the consent of the Bank shall not be required in connection with the execution and delivery of any Supplemental Indenture to become effective only upon delivery and acceptance by the Trustee Owners of a Substitute Letter of Credit. The foregoing to the contrary notwithstanding, no such modification or amendment shall, without the consent of the Company and the Owners majority in aggregate principal amount of all Bonds then Outstanding, which shall have been filed with the Trustee. No such modification or amendment shall (i) extend the fixed maturity date of any BondBonds, (ii) or reduce the amount of principal thereofthereof or the rate of interest borne thereby, (iii) or extend the time of payment or change the method of computing the rate of interest thereonpayment, without the consent of the Owner of each Bond so affected, or eliminate (ii) reduce the Owners’ rights to tender the Bonds, (iv) extend the due date for the purchase aforesaid percentage of Bonds tendered by the consent of the Owners thereofof which is required to effect any such modification or amendment, or (viii) reduce permit the Purchase Price creation of any lien on the Net Special Tax Revenues and other assets pledged under this Indenture prior to or on a parity with the lien created by this Indenture or deprive the Owners of the Bonds of the lien created by this Indenture on such Bonds; providedNet Special Tax Revenues and other assets (except as expressly provided in this Indenture), however, that no without the consent of the Holders Owners of all of the Bonds then Outstanding shall be required for any modification or amendment to this Indenture which is to become effective only following a mandatory tender of all Bonds for purchase in connection with the exercise of the Conversion OptionOutstanding. It shall not be necessary for the consent of the Bondholders Bond Owners to approve the particular form of any Supplemental Indenture, but it shall be sufficient if such consent shall approve the substance thereof. Promptly after the execution by the Authority Community Facilities District and the Trustee of any Supplemental Indenture pursuant to this Section 10.01subsection (a), the Trustee shall mail a noticenotice (the form of which shall be furnished to the Trustee by the Community Facilities District), by first class mail postage prepaid, setting forth in general terms the substance of such Supplemental Indenture, to each Rating Agency and to the Owners of the Bonds at the respective addresses of such Owners shown on the Bond RegisterRegistration Books. 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 Indenture.
Appears in 1 contract
Samples: Indenture
Amendments Permitted. (a) This Indenture Declaration of Trust, the Lease and the License and Easement and the rights and obligations of the Authority, the Trustee City and of the Owners of the Bonds hereunder Certificates and of the Trustee may be modified or amended from time to time and at any time for any lawful purpose, by an indenture amendment or indentures supplemental hereto, which supplement hereto or thereto that the Authority and the Trustee parties hereto or thereto may enter into without when the consent of any Bondholder but with the prior written consent of the Company Trustee and the Bank (as long as City, if not a party hereto or thereto, and the Bank is not Owners of a majority in default under aggregate Principal Portion of Basic Rent Payments represented by the Letter of Credit); provided, however, that the consent of the Bank shall not be required in connection Certificates then Outstanding has been filed with the execution and delivery of any Supplemental Indenture to become effective only upon delivery and acceptance by the Trustee of a Substitute Letter of CreditTrustee. The foregoing to the contrary notwithstanding, no No such modification or amendment shall, without the consent of the Company and the Owners of all Bonds then Outstanding, will (i1) extend the stated maturity date of any BondCertificate, (ii) or reduce the amount of principal thereofrepresented thereby, (iii) or extend the time of payment or change reduce the method amount of computing any Prepayment Price provided in this Declaration of Trust for the payment of any Certificate, or reduce the rate of interest thereonwith respect thereto, or extend the time of payment of interest with respect thereto without the consent of the Owner of each Bond Certificate so affected, or eliminate the Owners’ rights to tender the Bonds, (iv) extend the due date for the purchase of Bonds tendered by the Owners thereof, or (v2) reduce the Purchase Price specified percentage of such Bonds; provided, however, that no Certificates the consent of the Holders Owners of the Bonds then Outstanding shall be which is required for to effect any such modification or amendment to this Indenture which is to become effective only following a mandatory tender of all Bonds for purchase or, except in connection with the exercise delivery of any Additional Certificates, permit the creation of any lien on money in the Project Fund or the Lease Revenue Fund or deprive the Owners of the Conversion Option. It shall not be necessary for trust created by this Declaration of Trust with respect to the moneys in the Project Fund or the Lease Revenue Fund or (3) create a preference or priority of any Certificate or Certificates over any other Certificate or Certificates without the consent of the Bondholders to approve Owners of all of the particular form of any Supplemental Indenture, but it shall be sufficient if such consent shall approve the substance thereofCertificates then Outstanding. Promptly after the execution by the Authority and the Trustee of any Supplemental Indenture amendment pursuant to this Section 10.018.01(a), the Trustee shall mail a noticewill give Notice by Mail, setting forth in general terms the substance of such Supplemental Indenture, to each Rating Agency and amendment to the Owners of the Bonds at the addresses of such Owners shown listed on the Bond Registerregistration books kept by the Trustee pursuant to Section 3.06. Any failure to give such notice, or any defect therein, shall will not, however, in any way impair or affect the validity of any such Supplemental Indentureamendment.
Appears in 1 contract
Samples: Lease Purchase Agreement
Amendments Permitted. (a) This Indenture and the rights and obligations of the Authority, the Trustee Agency and of the Owners of the Bonds hereunder and of the Trustee may be modified or amended from time to time and at any time for any lawful purpose, by an indenture or indentures supplemental heretothereto, which the Authority Agency and the Trustee may enter into without when the consent of any Bondholder but with the prior written consent consents of the Company and the Bank (as long as the Bank is not in default under the Letter of Credit); provided, however, that the consent of the Bank shall not be required in connection with the execution and delivery of any Supplemental Indenture to become effective only upon delivery and acceptance by the Trustee Owners of a Substitute Letter of Credit. The foregoing to the contrary notwithstanding, no such modification or amendment shall, without the consent of the Company and the Owners majority in aggregate principal amount of all Bonds then Outstanding, shall have been filed with the Trustee. No such modification or amendment shall (i) extend the fixed maturity date of any BondBonds, (ii) or reduce the amount of principal thereof, (iii) thereof or extend the time of payment payment, or change the method of computing the rate of interest thereon, or extend the time of payment of interest thereon, without the consent of the Owner of each Bond so affected, or eliminate the Owners’ rights to tender the Bonds, (iv) extend the due date for the purchase of Bonds tendered by the Owners thereof, or (vii) reduce the Purchase Price aforesaid percentage of such Bonds; provided, however, that no Bonds the consent of the Holders Owners of which is required to effect any such modification or amendment, or permit the creation of any lien on the Revenues and other assets pledged under this Indenture prior to or on a parity with the lien created by this Indenture except as permitted herein, or deprive the Owners of the Bonds of the lien created by this Indenture on such Revenues and other assets (except as expressly provided in this Indenture), without the consent of the Owners of all of the Bonds then Outstanding shall be required for any modification or amendment to this Indenture which is to become effective only following a mandatory tender of all Bonds for purchase in connection with the exercise of the Conversion OptionOutstanding. It shall not be necessary for the consent of the Bondholders Bond Owners to approve the particular form of any Supplemental Sup- plemental Indenture, 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 Indenture pursuant to this Section 10.01, the Trustee shall mail a notice, setting forth in general terms the substance of such Supplemental Indenture, to each Rating Agency and to the Owners of the Bonds at the addresses of such Owners shown on the Bond Register. 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 Indenture.
Appears in 1 contract
Amendments Permitted. This Indenture Trust Agreement and the rights and obligations of the Authority, the Trustee and the Owners of the Bonds hereunder Certificates, the Lease Agreement and the rights and obligations of the parties thereto, the Site and Facility Lease and the rights and obligations of the parties thereto and the Assignment Agreement and the rights and obligations of the parties thereto, may be modified or amended from time to time and at any time for any lawful purpose, by an indenture or indentures a supplemental hereto, agreement which shall become effective when the Authority and the Trustee may enter into without the consent of any Bondholder but with the prior written consent of the Company and the Bank Owners of at least fifty percent (as long as the Bank is not 50%) in default under the Letter of Credit); provided, however, that the consent aggregate principal amount of the Bank Certificates then Outstanding, exclusive of Certificates disqualified as provided in Section 10.03 hereof, shall not be required in connection have been filed with the execution and delivery of any Supplemental Indenture to become effective only upon delivery and acceptance by the Trustee of a Substitute Letter of CreditTrustee. The foregoing to the contrary notwithstanding, no No such modification or amendment shall, without the consent of the Company and the Owners of all Bonds then Outstanding, shall (i1) extend or have the effect of extending the fixed maturity date of any BondCertificate or reducing the interest rate with respect thereto or extending the time of payment of interest, (ii) reduce or reducing the amount of principal thereof, without the express consent of the Owner of such Certificate; or (iii2) extend reduce or have the effect of reducing the percentage of Certificates required for the affirmative vote or written consent to an amendment or modification of a Lease Agreement; or (3) modify any of the rights or obligations of the Trustee without its written assent thereto. Any such supplemental agreement shall become effective as provided in Section 10.02 hereof. This Trust Agreement and the rights and obligations of the Owners of the Certificates and the Lease Agreement and the rights and obligations of the respective parties thereto, may be modified or amended at any time of payment or change the method of computing the rate of interest thereonby a supplemental agreement, without the consent of any such Owners, but only to the Owner extent permitted by law and only (1) to add to the covenants and agreements of each Bond so affected, the Authority or eliminate the Owners’ rights to tender the BondsCity, (iv2) extend to cure, correct or supplement any ambiguous or defective provision contained herein or therein and which shall not, in the due date for opinion of nationally recognized bond counsel, adversely affect the purchase interests of Bonds tendered by the Owners thereof, or (v) reduce the Purchase Price of such Bonds; provided, however, that no consent of the Holders of the Bonds then Outstanding shall be required for any modification or amendment to this Indenture which is to become effective only following a mandatory tender of all Bonds for purchase in connection with the exercise of the Conversion Option. It shall not be necessary for the consent of the Bondholders to approve the particular form of any Supplemental Indenture, 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 Indenture pursuant to this Section 10.01, the Trustee shall mail a notice, setting forth in general terms the substance of such Supplemental Indenture, to each Rating Agency and to the Owners of the Bonds at Certificates, (3) in regard to questions arising hereunder or thereunder, as the addresses of such Owners shown on the Bond Register. Any failure to give such notice, parties hereto or any defect therein, thereto may deem necessary or desirable and which shall not, howeverin the opinion of nationally recognized bond counsel, in any way impair or materially adversely affect the validity interests of any the Owners of the Certificates; (4) to make such Supplemental Indenture.additions, deletions or modifications as may be necessary or appropriate in the opinion of bond counsel to assure the exclusion from gross income for federal income tax purposes of the interest component of Lease Payments and the interest payable with respect to the Certificates,
Appears in 1 contract
Samples: Trust Agreement