Common use of Amendments Permitted Clause in Contracts

Amendments Permitted. This Trust Agreement and the rights and obligations of the Owners of the 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 at any time by a supplemental agreement which shall become effective when the written consent of the Municipal Bond Insurer or, if the Municipal Bond Insurer is in breach of its obligations under the Reserve Policy, the Owners of at least sixty percent (60%) in aggregate principal amount of the Certificates then Outstanding, exclusive of Certificates disqualified as provided in Section 10.03 hereof, shall have been filed with the Trustee. No such modification or amendment shall (1) extend or have the effect of extending the fixed maturity of any Certificate or reducing the interest rate with respect thereto or extending the time of payment of interest, or reducing the amount of principal thereof, without the express consent of the Owner of such Certificate and the Municipal Bond Insurer; or (2) 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, and the Assignment Agreement and the rights and obligations of the parties thereto, may (upon prior written notice to the Municipal Bond Insurer) be modified or amended at any time by a supplemental agreement, without the consent of any such Owners, but only to the extent permitted by law and only (1) to add to the covenants and agreements of the Authority or the Town; (2) to cure, correct or supplement any ambiguous or defective provision contained herein or therein and which shall not, in the opinion of nationally recognized bond counsel, materially adversely affect the interests of the Owners of the Certificates; (3) in regard to questions arising hereunder or thereunder, as the parties hereto or thereto may deem necessary or desirable and which shall not, in the opinion of nationally recognized bond counsel, materially adversely affect the interests of the Owners of the Certificates; (4) to add to the rights of the Trustee; or (5) to maintain the rating or ratings assigned to the Certificates. Any such supplemental agreement shall become effective upon execution and delivery by the parties hereto or thereto, as the case may be. This Trust Agreement and the Lease Agreement may not be modified or amended at any time by a supplemental agreement which would modify any of the rights and obligations of the Trustee without its written assent thereto. The Trustee may request an opinion of Independent Counsel that any amendment entered into hereunder complies with the provisions of this Article X and the Trustee may rely conclusively on such opinion.

Amendments Permitted. This Trust Agreement and the rights and obligations of the Owners of the Certificates, the Lease Installment Sale 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 at any time by a supplemental agreement which shall become effective when the written consent of the Municipal Bond Insurer or, if the Municipal Bond Insurer is in breach of its obligations under the Reserve Policy, the Owners of at least sixty percent (60%) in aggregate principal amount of the Certificates then Outstanding, exclusive of Certificates disqualified as provided in Section 10.03 9.03 hereof, shall have been filed with the Trustee. No such modification or amendment shall (1) extend or have the effect of extending the fixed maturity of any Certificate or reducing the interest rate with respect thereto or extending the time of payment of interest, or reducing the amount of principal thereof, without the express consent of the Owner of such Certificate and the Municipal Bond InsurerCertificate; or (2) 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 Installment Sale 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 9.02 hereof. This Trust Agreement and the rights and obligations of the Owners of the Certificates and the Lease Installment Sale Agreement and the rights and obligations of the respective parties thereto, and the Assignment Agreement and the rights and obligations of the parties thereto, may (upon prior written notice to the Municipal Bond Insurer) be modified or amended at any time by a supplemental agreement, without the consent of any such Owners, but only to the extent permitted by law and only (1) to add to the covenants and agreements of the Authority Corporation or the TownDistrict; (2) to cure, correct or supplement any ambiguous or defective provision contained herein or therein and which shall not, in the opinion of nationally recognized bond counsel, materially adversely affect the interests of the Owners of the Certificates; (3) in regard to questions arising hereunder or thereunder, as the parties hereto or thereto may deem necessary or desirable and which shall not, in the opinion of nationally recognized bond counsel, materially adversely affect the interests of the Owners of the Certificates; (4) to make such 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 Installment Payments and the interest payable with respect to the Certificates; (5) to add to the rights of the Trustee; or (56) to maintain the rating or ratings assigned to the Certificates. Any such supplemental agreement shall become effective upon execution and delivery by the parties hereto or thereto, as the case may be. This Trust Agreement and the Lease Installment Sale Agreement may not be modified or amended at any time by a supplemental agreement which would modify any of the rights and obligations of the Trustee without its written assent thereto. The Trustee may request an opinion of Independent Counsel that any amendment entered into hereunder complies with the provisions of this Article X IX and the Trustee may rely conclusively on such opinion.

Amendments Permitted. This Trust Agreement Indenture and the rights and obligations of the Owners Authority, the Trustee and the Holders of the 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, Bonds may be modified or amended from time to time and at any time for any lawful purpose, by a an indenture or indentures supplemental agreement hereto, which shall become effective when the Authority and the Trustee may enter into without the consent of any Bondholders but with the prior written consent of the Municipal Bond Insurer or, if Bank (as long as the Municipal Bond Insurer Bank is not in breach of its obligations default under the Reserve PolicyLetter of Credit). The foregoing to the contrary notwithstanding, the Owners of at least sixty percent (60%) in aggregate principal amount of the Certificates then Outstanding, exclusive of Certificates disqualified as provided in Section 10.03 hereof, shall have been filed with the Trustee. No no such modification or amendment shall shall, without the consent of the Holders of all Bonds then Outstanding, (1i) extend or have the effect of extending the fixed maturity date of any Certificate or reducing the interest rate with respect thereto or extending the time of payment of interestBond, or reducing (ii) reduce the amount of principal thereof, without (iii) extend the express consent time of payment or change the Owner method of such Certificate and computing the Municipal Bond Insurer; or (2) reduce or have the effect rate 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, and the Assignment Agreement and the rights and obligations of the parties thereto, may (upon prior written notice to the Municipal Bond Insurer) be modified or amended at any time by a supplemental agreementinterest thereon, without the consent of the Holder of each Bond so affected, or eliminate the Holders’ rights to tender the Bonds, (iv) extend the due date for the purchase of Bonds tendered by the Holders thereof, or (v) reduce the purchase price of such Bonds. It shall not be necessary for the consent of the Bondholders to approve the particular form of any such OwnersSupplemental Indenture, but only 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 extent permitted by law 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 only (1) to add to the covenants and agreements Holders of the Authority Bonds at the address shown on the registration books of the Trustee. Any failure to give such notice, or the Town; (2) to cureany defect therein, correct or supplement any ambiguous or defective provision contained herein or therein and which shall not, however, in the opinion of nationally recognized bond counsel, materially adversely any way impair or affect the interests validity of the Owners of the Certificates; (3) in regard to questions arising hereunder or thereunder, as the parties hereto or thereto may deem necessary or desirable and which shall not, in the opinion of nationally recognized bond counsel, materially adversely affect the interests of the Owners of the Certificates; (4) to add to the rights of the Trustee; or (5) to maintain the rating or ratings assigned to the Certificates. Any any such supplemental agreement shall become effective upon execution and delivery by the parties hereto or thereto, as the case may be. This Trust Agreement and the Lease Agreement may not be modified or amended at any time by a supplemental agreement which would modify any of the rights and obligations of the Trustee without its written assent thereto. The Trustee may request an opinion of Independent Counsel that any amendment entered into hereunder complies with the provisions of this Article X and the Trustee may rely conclusively on such opinionSupplemental Indenture.

Amendments Permitted. This Trust Agreement Indenture and the rights and obligations of the Owners Authority, the Trustee and the Holders of the 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, Bonds may be modified or amended from time to time and at any time for any lawful purpose, by a an indenture or indentures supplemental agreement hereto, which shall become effective when the Authority and the Trustee may enter into without the consent of any Bondholders but with the prior written consent of the Municipal Bond Insurer or, if Bank (as long as the Municipal Bond Insurer Bank is not in breach of its obligations default under the Reserve PolicyLetter of Credit or a voluntary or involuntary case has not been commenced by the filing of a petition under the United States Bankruptcy Code or any other law relating to the bankruptcy, the Owners of at least sixty percent (60%) in aggregate principal amount insolvency or reorganization of the Certificates then OutstandingBank). The foregoing to the contrary notwithstanding, exclusive of Certificates disqualified as provided in Section 10.03 hereof, shall have been filed with the Trustee. No no such modification or amendment shall shall, without the consent of the Holders of all Bonds then Outstanding, (1i) extend or have the effect of extending the fixed maturity date of any Certificate or reducing the interest rate with respect thereto or extending the time of payment of interestBond, or reducing (ii) reduce the amount of principal thereof, without (iii) extend the express consent time of payment or change the Owner method of such Certificate and computing the Municipal Bond Insurer; or (2) reduce or have the effect rate 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, and the Assignment Agreement and the rights and obligations of the parties thereto, may (upon prior written notice to the Municipal Bond Insurer) be modified or amended at any time by a supplemental agreementinterest thereon, without the consent of the Holder of each Bond so affected, or eliminate the Holders' rights to tender the Bonds, (iv) extend the due date for the purchase of Bonds tendered by the Holders thereof, or (v) reduce the Purchase Price of such Bonds. It shall not be necessary for the consent of the Bondholders to approve the particular form of any such Ownerssupplemental indenture, but only 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 extent permitted by law 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 only (1) to add to the covenants and agreements Holders of the Authority Bonds at the address shown on the registration books of the Trustee. Any failure to give such notice, or the Town; (2) to cureany defect therein, correct or supplement any ambiguous or defective provision contained herein or therein and which shall not, however, in the opinion of nationally recognized bond counsel, materially adversely any way impair or affect the interests validity of the Owners of the Certificates; (3) in regard to questions arising hereunder or thereunder, as the parties hereto or thereto may deem necessary or desirable and which shall not, in the opinion of nationally recognized bond counsel, materially adversely affect the interests of the Owners of the Certificates; (4) to add to the rights of the Trustee; or (5) to maintain the rating or ratings assigned to the Certificates. Any any such supplemental agreement shall become effective upon execution and delivery by the parties hereto or thereto, as the case may be. This Trust Agreement and the Lease Agreement may not be modified or amended at any time by a supplemental agreement which would modify any of the rights and obligations of the Trustee without its written assent thereto. The Trustee may request an opinion of Independent Counsel that any amendment entered into hereunder complies with the provisions of this Article X and the Trustee may rely conclusively on such opinionindenture.

Amendments Permitted. This Trust Agreement and the rights and obligations of the Owners of and the CertificatesSite Lease, 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 at any time by a supplemental agreement which shall become effective when the written consent of the Municipal Bond Insurer or, if the Municipal Bond Insurer is in breach of its obligations under the Reserve Policy, the Owners of at least sixty percent (60%) 51% in aggregate principal amount of the Certificates then Outstanding, exclusive of Certificates disqualified as provided in Section 10.03 hereof10.3, shall have been filed with the Trustee; provided, that the Trustee shall enter into a Supplemental Trust Agreement with the Corporation and the City upon the City’s entering into a Supplemental Lease Agreement with the Corporation. No such modification or amendment shall (1) extend or have the effect of extending the fixed maturity of any Certificate or reducing the interest rate with respect thereto or extending the time of payment of interestthe Interest Component, or reducing the amount of principal Principal Component thereof or reducing any premium payable upon the prepayment thereof, without the express consent of the Owner of such Certificate and the Municipal Bond Insurer; Certificate, or (2) 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; this Trust Agreement or the Lease, 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 hereof10.2. This Trust Agreement and the rights and obligations of the Owners of Owners, the Certificates and Lease, the Site Lease Agreement and the rights and obligations of the respective parties thereto, and the Assignment Agreement and the rights and obligations of the parties thereto, may (upon prior written notice to the Municipal Bond Insurer) be modified or amended at any time by a supplemental agreement, without notice to or the consent of any such Owners, but only to the extent permitted by law and only (1) to add to the covenants and agreements of the Authority or the Town; (2) to cure, correct or supplement any ambiguous or defective provision contained herein or therein and which shall nottherein, in the opinion of nationally recognized bond counsel, materially adversely affect the interests of the Owners of the Certificates; (32) in regard to questions matters arising hereunder or thereunder, as the parties hereto or thereto may deem necessary or desirable and which shall not, in the opinion of nationally recognized bond counsel, not materially adversely affect the interests interest of the Owners Owners, (3) to satisfy the requirements of the Certificates; Rating Agency, or (4) to add with respect to the rights Lease and the Site Lease, as permitted therein to permit the substitution of Project Components or the Leased Premises in accordance with the Lease and to modify the description of the Trustee; or (5) to maintain site on which the rating or ratings assigned to Project Components are located. Any such supplemental agreement with respect t o t his T rust Agreement and the CertificatesLease shall require the unanimous consent of all parties hereto and thereto, as the case may be. Any such supplemental agreement shall become effective upon execution and delivery by the parties hereto or thereto, thereto as the case may be. This Trust Agreement and the Lease Agreement may not be modified or amended at any time by a supplemental agreement which would modify any of the rights and obligations of the Trustee without its written assent thereto. The Trustee may request an opinion of Independent Counsel that any amendment entered into hereunder complies with the provisions of this Article X and the Trustee may rely conclusively on such opinion.

Amendments Permitted. This Trust Agreement Indenture and the rights and obligations of the Owners Company, of the Certificates, the Lease Agreement Trustee and the rights and obligations of the parties thereto, the Site and Facility Lease and the rights and obligations Holders of the parties thereto and the Assignment Agreement and the rights and obligations of the parties thereto, Bonds may be modified or amended from time to time and at any time for any lawful purpose, by a an indenture or indentures supplemental agreement hereto, which shall become effective when the Company and the Trustee may enter into without the consent of any Bondholders but with the prior written consent of the Municipal Bond Insurer or, if Bank (as long as the Municipal Bond Insurer Bank is not in breach of its obligations default under the Reserve PolicyLetter of Credit). The foregoing to the contrary notwithstanding, the Owners of at least sixty percent (60%) in aggregate principal amount of the Certificates then Outstanding, exclusive of Certificates disqualified as provided in Section 10.03 hereof, shall have been filed with the Trustee. No no such modification or amendment shall shall, without the consent of the holders of all Bonds then Outstanding, (1a) extend or have the effect of extending the fixed maturity date of any Certificate or reducing the interest rate with respect thereto or extending the time of payment of interestBond, or reducing (b) reduce the amount of principal thereof, without (c) extend the express consent time of payment or change the Owner method of such Certificate and computing the Municipal Bond Insurer; or (2) reduce or have the effect rate 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, and the Assignment Agreement and the rights and obligations of the parties thereto, may (upon prior written notice to the Municipal Bond Insurer) be modified or amended at any time by a supplemental agreementinterest thereon, without the consent of the Holder of each Bond so affected, or eliminate the Holders' rights to tender the Bonds, (d) extend the due date for the purchase of Bonds tendered by the Holders thereof, or (e) reduce the Purchase Price of such Bonds. It shall not be necessary for the consent of the Bondholders to approve the particular form of any such OwnersSupplemental Indenture, but only it shall be sufficient if such consent shall approve the substance thereof. Promptly after the execution by the Company and the Trustee of any Supplemental Indenture pursuant to this Section 10.01, the extent permitted by law 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 only (1) to add to the covenants and agreements Holders of the Authority Bonds at the address shown on the registration books of the Trustee. Any failure to give such notice, or the Town; (2) to cureany defect therein, correct or supplement any ambiguous or defective provision contained herein or therein and which shall not, however, in the opinion of nationally recognized bond counsel, materially adversely any way impair or affect the interests validity of the Owners of the Certificates; (3) in regard to questions arising hereunder or thereunder, as the parties hereto or thereto may deem necessary or desirable and which shall not, in the opinion of nationally recognized bond counsel, materially adversely affect the interests of the Owners of the Certificates; (4) to add to the rights of the Trustee; or (5) to maintain the rating or ratings assigned to the Certificates. Any any such supplemental agreement shall become effective upon execution and delivery by the parties hereto or thereto, as the case may be. This Trust Agreement and the Lease Agreement may not be modified or amended at any time by a supplemental agreement which would modify any of the rights and obligations of the Trustee without its written assent thereto. The Trustee may request an opinion of Independent Counsel that any amendment entered into hereunder complies with the provisions of this Article X and the Trustee may rely conclusively on such opinionSupplemental Indenture.