Amendments Permitted. This Trust Agreement, the rights and obligations of the Owners of the Certificates, the Lease Agreement and the Ground Lease, and the rights and obligations of the parties thereto, may be modified or amended at any time by a supplemental agreement that shall become effective when the Owners of a majority in Aggregate Value of the Certificates, exclusive of Certificates disqualified as provided in Section 10.3 hereof, shall have been filed with the Trustee; provided, however, that no such modification or amendment shall (i) extend or have the effect of extending the scheduled principal payment date of any Certificate or reducing the interest rate with respect thereto or extending the time of payment of interest, reducing the amount of principal evidenced thereby or reducing any premium payable upon the prepayment thereof, without the express consent of the Owner of such Certificate, (ii) 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 the Lease Agreement or this Trust Agreement, or (iii) modify any of the rights or obligations of the Trustee without its written assent thereto without its written assent thereto. Any such supplemental agreement shall become effective as provided in Section 10.2 hereof. This Trust Agreement, the rights and obligations of the Owners of the Certificates, the Lease Agreement and the Ground Lease, 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 any Owners of the Certificates, but only to the extent permitted by law and only
Appears in 2 contracts
Samples: Trust Agreement, Trust Agreement
Amendments Permitted. This Trust Agreement, Agreement and the rights and obligations of the Owners of the Certificates, the Lease Agreement and the Ground Lease, and the rights and obligations of the parties thereto, Certificates may be modified or amended at any time by a supplemental agreement that which shall become effective when the written consents of the Certificate Insurer and the Owners of a majority in Aggregate Value aggregate principal amount of the CertificatesCertificates then Outstanding, exclusive of Certificates disqualified as provided in Section 10.3 hereof13.04, shall have been filed with the Trustee; provided, however, that no . No such modification or amendment shall may (ia) extend or have the effect of extending the scheduled principal payment date fixed maturity of any Certificate or reducing the interest rate with respect thereto represented thereby or extending the time of payment of interest, or reducing the amount of principal evidenced represented thereby or reducing any premium payable upon the prepayment thereof, without the express consent of the Certificate Insurer and the Owner of such Certificate, or (iib) 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 the Lease Agreement or this Trust Agreementhereof, or (iiic) modify any of the rights or obligations of the Trustee without its written assent thereto without its written assent thereto. Any such supplemental agreement shall become effective as provided in Section 10.2 hereof9.02. This Trust Agreement, Agreement and the rights and obligations of the Owners of the Certificates, the Lease Agreement and the Ground Lease, and the rights and obligations of the parties thereto, Certificates may be modified or amended at any time by a supplemental agreement, without the consent of any Owners of the CertificatesCertificate Owners, but only to the extent permitted by law and only:
Appears in 1 contract
Samples: Trust Agreement
Amendments Permitted. This Trust Agreement, Indenture and the rights and obligations of the Owners of the Certificates, the Lease Agreement Certificates and the Ground Lease, Purchase Contract and the rights and obligations of the parties thereto, thereto and the Acquisition Agreement may be modified or amended at any time by a supplemental agreement that which shall become effective when the written consents of the Owners of a majority in Aggregate Value aggregate principal amount of the CertificatesCertificates then Outstanding, exclusive of Certificates disqualified as provided in Section 10.3 9.03 hereof, shall have been filed with the Trustee; provided. Unless approved in writing by the Owners of all the Certificates affected thereby, howevernothing herein contained shall permit, that no such modification or amendment shall be construed as permitting, (i) extend a change in the times, amounts or have the effect of extending the scheduled principal payment date of any Certificate or reducing the interest rate with respect thereto or extending the time currency of payment of interestthe principal of or interest on, reducing the amount of principal evidenced thereby or reducing any premium payable upon the prepayment thereof, without the express consent of the Owner of such Outstanding Certificate, or a reduction in the principal amount or redemption price of any Outstanding Certificate or the rate of interest thereon, or (ii) reduce the creation of a claim or have lien upon, or a pledge of, the effect of reducing trust estate ranking prior to or on a parity with the percentage of Certificates required for the affirmative vote claim, lien or written consent to an amendment or modification of the Lease Agreement or pledge created by this Trust AgreementIndenture, or (iii) modify any a reduction in the aggregate principal amount of Certificates the consent of the rights or obligations Owners of the Trustee without its written assent thereto without its written assent thereto. Any which is required for any such supplemental agreement shall become effective as provided in Section 10.2 hereofagreement. This Trust Agreement, Indenture and the rights and obligations of the Owners of the Certificates, the Lease Agreement and the Ground Lease, 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 any Owners of the Certificatessuch Owners, but only to the extent permitted by law and onlyonly as follows:
Appears in 1 contract
Samples: Acquisition Agreement
Amendments Permitted. This Trust Agreement, Indenture and the rights and obligations of the Owners of the Certificates, the Lease Agreement Certificates and the Ground Lease, Purchase Contract and the rights and obligations of the parties thereto, thereto and the Acquisition Agreement may be modified or amended at any time by a supplemental agreement that which shall become effective when the written consents of the Owners of a majority in Aggregate Value aggregate principal amount of the CertificatesCertificates then Outstanding, exclusive of Certificates disqualified as provided in Section 10.3 9.03 hereof, shall have been filed with the Trustee; provided. Unless approved in writing by the Owners of all the Certificates affected thereby, howevernothing herein contained shall permit, that no such modification or amendment shall be construed as permitting, (i) extend a change in the times, amounts or have the effect of extending the scheduled principal payment date of any Certificate or reducing the interest rate with respect thereto or extending the time currency of payment of interest, reducing the amount principal of principal evidenced thereby or reducing interest on any premium payable upon the prepayment thereof, without the express consent of the Owner of such Outstanding Certificate, or a reduction in the principal amount or redemption price of any Outstanding Certificate or the rate of interest thereon, or (ii) reduce the creation of a claim or have lien upon, or a pledge of, the effect of reducing trust estate ranking prior to or on a parity with the percentage of Certificates required for the affirmative vote claim, lien or written consent to an amendment or modification of the Lease Agreement or pledge created by this Trust AgreementIndenture, or (iii) modify any a reduction in the aggregate principal amount of Certificates the consent of the rights or obligations Owners of the Trustee without its written assent thereto without its written assent thereto. Any which is required for any such supplemental agreement shall become effective as provided in Section 10.2 hereofagreement. This Trust Agreement, Indenture and the rights and obligations of the Owners of the Certificates, the Lease Agreement and the Ground Lease, 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 any Owners of the Certificatessuch Owners, but only to the extent permitted by law and onlyonly as follows:
Appears in 1 contract
Samples: Installment Purchase Contract
Amendments Permitted. This Trust Agreement, Agreement and the rights and obligations of the Owners of the Certificates, the Lease Agreement and the Ground Lease, and the rights and obligations of the parties thereto, Certificates may be modified or amended at any time by a supplemental agreement that which shall become effective when the written consents of the Owners of a majority in Aggregate Value aggregate principal amount of the CertificatesCertificates then Outstanding, exclusive of Certificates disqualified as provided in Section 10.3 hereof13.04, shall have has been filed with the Trustee; provided, however, that no . No such modification or amendment shall may (ia) extend or have the effect of extending the scheduled principal payment date fixed maturity of any Certificate or reducing the interest rate with respect thereto represented thereby or extending the time of payment of interest, or reducing the amount of principal evidenced represented thereby or reducing any premium payable upon the prepayment thereof, without the express consent of the Owner of such Certificate, or (iib) 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 the Lease Agreement or this Trust Agreementhereof, or (iiic) modify any of the rights or obligations of the Trustee without its written assent thereto without its written assent thereto. Any such supplemental agreement shall become effective as provided in Section 10.2 hereof9.02. This Trust Agreement, Agreement and the rights and obligations of the Owners of the Certificates, the Lease Agreement and the Ground Lease, and the rights and obligations of the parties thereto, Certificates may be modified or amended at any time by a supplemental agreement, without the consent of any Owners of the CertificatesCertificate Owners, but only to the extent permitted by law and only:
Appears in 1 contract
Samples: Trust Agreement