Amendments Permitted. (A) This Agreement and the rights and obligations of the District and the City and of the Owner of the Bond may be modified or amended at any time by a Supplemental Agreement with the written consent of the Owner of at least sixty percent (60%) in aggregate principal amount of the Bond then Outstanding, exclusive of Bond disqualified as provided in Section 8.04 hereof. No such modification or amendment shall (i) extend the maturity of any Bond or the time for paying interest thereon, or otherwise alter or impair the obligation of the City on behalf of the District to pay the principal of, and the interest and any premium on, the Bond, without the express consent of the Owner of such Bond, or (ii) permit the creation of any pledge of or lien upon the Special Tax Revenues, or the moneys on deposit in the Special Tax Fund, the Bond Fund or the Reserve Fund, superior to or on a parity with the pledge and lien created for the benefit of the Bond (except as otherwise permitted by the Act, the laws of the State of California or this Agreement), (iii) reduce the percentage of the Bond required for the amendment hereof, or (iv) reduce the principal amount of or redemption premium on any Bond or reduce the interest rate thereon. Any such amendment may not modify any of the rights or obligations of the Fiscal Agent without its written consent. The City shall deliver to the Fiscal Agent an opinion of counsel that any such Supplemental Agreement entered into by the City and the Fiscal Agent complies with the provisions of this Section 8.01 and the Fiscal Agent may conclusively rely on such opinion.
Appears in 2 contracts
Samples: Fiscal Agent Agreement, Fiscal Agent Agreement
Amendments Permitted. (A) This Agreement and the rights and obligations of the District and the City and of the Owner Owners of the Bond Bonds and Additional Bonds may be modified or amended at any time by a Supplemental Agreement pursuant to the affirmative vote, at a meeting of Owners, or with the written consent without a meeting, of the Owner Owners of at least sixty percent (60%) in aggregate principal amount of the Bond Bonds and Additional Bonds then Outstanding, exclusive of Bond Bonds and Additional Bonds disqualified as provided in Section 8.04 hereof9.4. No such modification or amendment shall (i) extend the maturity of any Bond or reduce the time for paying interest rate thereon, or otherwise alter or impair the obligation of the City on behalf of the District to pay the principal of, and the interest and any premium on, the any Bond, without the express consent of the Owner of such Bond, or (ii) permit the creation by the District of any pledge of or lien upon the Special Tax Revenues, or the moneys on deposit in the Special Tax Fund, the Bond Fund or the Reserve Fund, Taxes superior to or on a parity with the pledge and lien created for the benefit of the Bond Bonds and Additional Bonds (except as otherwise permitted by the Act, the laws of the State of California or this Agreement), or (iii) reduce the percentage of the Bond Bonds and Additional Bonds required for the amendment hereof, or (iv) reduce the principal amount of or redemption premium on any Bond or reduce the interest rate thereon. Any such amendment may not modify any of the rights or obligations of the Fiscal Agent without its written consent. The City shall deliver This Agreement and the rights and obligations of the District and of the Owners may also be modified or amended at any time by a Supplemental Agreement, without the consent of any Owners, only to the Fiscal Agent an opinion extent permitted by law and only for any one or more of counsel that any such Supplemental Agreement entered into by the City and the Fiscal Agent complies with the provisions of this Section 8.01 and the Fiscal Agent may conclusively rely on such opinion.following purposes:
Appears in 2 contracts
Samples: Fiscal Agent Agreement, Fiscal Agent Agreement
Amendments Permitted. (A) This Agreement and the rights and obligations of the District and the City and of the Owner Owners of the Bond Bonds may be modified or amended at any time by a Supplemental Agreement pursuant to the affirmative vote, at a meeting of Owners, or with the written consent without a meeting, of the Owner Owners of at least sixty percent (60%) in aggregate principal amount of the Bond Bonds then Outstanding, exclusive of Bond Bonds disqualified as provided in Section 8.04 9.4 hereof. No such modification or amendment shall (i) extend the maturity of any Bond or reduce the time for paying interest rate thereon, or otherwise alter or impair the obligation of the City on behalf of the District to pay the principal of, and the interest and any premium on, the any Bond, without the express consent of the Owner of such Bond, or (ii) permit the creation by the District of any pledge of or lien upon the Special Tax Revenues, or the moneys on deposit in the Special Tax Fund, the Bond Fund or the Reserve Fund, Taxes superior to or on a parity with the pledge and lien created for the benefit of the Bond Bonds (except as otherwise permitted by the Act, the laws of the State of California or this Agreement), or (iii) reduce the percentage of the Bond Bonds required for the amendment hereof, or (iv) reduce the principal amount of or redemption premium on any Bond or reduce the interest rate thereon. Any such amendment may not modify any of the rights or obligations of the Fiscal Agent without its written consent. The City shall deliver This Agreement and the rights and obligations of the District and of the Owners may also be modified or amended at any time by a Supplemental Agreement, without the consent of any Owners, only to the Fiscal Agent an opinion extent permitted by law and only for anyone or more of counsel that any such Supplemental Agreement entered into by the City and the Fiscal Agent complies with the provisions of this Section 8.01 and the Fiscal Agent may conclusively rely on such opinion.following purposes:
Appears in 1 contract
Samples: Fiscal Agent Agreement