Consent of Bondholders. The Corporation may at any time execute and deliver a Supplemental Indenture making a modification or amendment permitted by the provisions of Section 10.01 hereof to take effect when and as provided in this Section. Upon the adoption of such Supplemental Indenture, a copy thereof, certified by an Authorized Officer; shall be filed with the Trustee for the inspection of the Holders of Bonds. A copy of such Supplemental Indenture (or summary thereof or reference thereto in form approved in writing by the Trustee) together with a request to Holders of Bonds for their consent thereto in form satisfactory to the Trustee, shall be mailed or distributed by Electronic Means by the Corporation to each affected Holder of Bonds. Such Supplemental Indenture shall not become effective until (i) there shall have been filed with the Trustee (a) the written consent of the Holders of the percentages of Outstanding Bonds specified in Section 10.01 hereof and (b) an opinion of Transaction Counsel stating that such Supplemental Indenture has been duly and lawfully executed, delivered and filed by the Corporation in accordance with the provisions hereof, is authorized or permitted hereby, and is valid and binding upon the Corporation and enforceable in accordance with its terms, and (ii) a notice shall have been mailed as hereinafter in this Section provided. Any such consent shall be binding upon the Holder of the Bonds giving such consent and on any subsequent Holder of such Bonds (whether or not such subsequent Holder has notice thereof). At any time after the Holders of the required percentages of Bonds shall have filed their consent to the Supplemental Indenture, notice, stating in substance that the Supplemental Indenture has been consented to by the Holders of the required percentages of Bonds and will be effective as provided in this Section, may be given to the Bondholders by mailing such notice to Bondholders. The Corporation shall file with the Trustee proof of giving such notice. Such Supplemental Indenture shall be deemed conclusively binding upon the Corporation and the Holders of all Bonds at the expiration of sixty (60) days after the filing with the Trustee of the proof of the mailing of such notice, except in the event of a final decree of a court of competent jurisdiction setting aside such consent in legal action or equitable proceeding commenced for such purpose within such sixty day period; provided, however, that the Corporation during such sixty day pe...
Consent of Bondholders. Unless waived by IXC, IXC shall have obtained, upon terms acceptable to IXC, all approvals of its bondholders which are required in connection with the execution, delivery and performance of this Agreement and the transactions contemplated by, and in connection with, this Agreement.
Consent of Bondholders. Pursuant to Section 8.01(b) of the Paying Agent Agreement, this Ninth Supplemental Paying Agent Agreement is executed and delivered in connection with the issuance of additional bonds and the supplements and amendments contained herein do not require the consent of any Owner.
Consent of Bondholders. (a) Any consent, request, direction, approval, objection or other instrument required by this Indenture to be signed and executed by the Bondholders may be in any number of writings of similar tenor and may be signed or executed by such Bondholders in person or by agents appointed in writing and may, but shall not be required to, be obtained at a meeting of Bondholders called in such manner as the Trustee shall specify. Proof of the execution of any such consent, request, direction, approval, objection or other instrument or of the writing appointing any such agent and of the ownership of Bonds, if made in the following manner, shall be sufficient for any of the purposes of this Indenture, and may be conclusively relied on by the Trustee with regard to any action taken thereunder:
(i) The fact and date of the execution by any Person of any such writing may be proved by the certificate of any officer in any jurisdiction who by law has power to take acknowledgments within such jurisdiction that the Person signing such writing acknowledged before him the execution thereof, or by an affidavit of any witness to such execution. The authority of the Person or Persons executing any such instrument on behalf of a corporate Bondholder may be established without further proof if such instrument is signed by a Person purporting to be the president or a vice-president of such corporation with a corporate seal affixed and attested by a Person purporting to be its secretary or an assistant secretary.
(ii) The ownership of Bonds and the amount, number and other identification, and the date of holding shall be determined by reference to the books of registration maintained by the Trustee as Bond Registrar.
(b) For all purposes of the Indenture and of the proceedings for the enforcement hereof, such Person shall be deemed to continue to be the Holder of such Bond.
(c) Any request, consent or vote of the Owner of any Bond shall bind all future Owners of such Bond with respect to anything done or suffered to be done or omitted to be done by the Authority or the Trustee in accordance therewith, unless and until such request, consent or vote is revoked by the filing with the Trustee of a writing, signed and executed by the Owner of the Bond, in form and substance and within such time as shall be satisfactory to the Trustee. The Trustee shall be entitled to rely on such request, consent or vote until such time, if any, until the same shall have been revoked. PAGE 271 Section 120...
Consent of Bondholders. (A) A copy of any Supplemental Indenture making a modification or amendment which is not permitted by the provisions of Section 8.1 hereof (or brief summary thereof or reference thereto in form approved by the Trustee), together with a request to Bondholders for their consent thereto in form satisfactory to the Trustee, shall be mailed by the Trustee on behalf of the Authority to the Owner of any Bond to be affected by such proposed amendment or modification. Such Supplemental Indenture shall not be effective unless and until there shall have been filed with the Trustee (a) the written consents of Owners of the percentages of Outstanding Bonds specified in Section 9.2 hereof and (b) a Bond Counsel’s Opinion stating that such Supplemental Indenture has been duly and lawfully entered into by the Authority in accordance with the provisions of this Indenture, is authorized or permitted hereby and is valid and binding upon the Authority.
(B) The consent of a Bondholder to any modification or amendment shall be effective only if accompanied by proof of the holding, at the date of such consent, of the Bonds with respect to which such consent is given, which proof shall be such as is permitted by Section
Consent of Bondholders. (A) A copy of any Supplemental Indenture making a modification or amendment which is not permitted by the provisions of Section 8.1 or 8.2 (or a brief summary thereof or reference thereto in form approved by the Trustee), together with a request to Bondholders for their consent thereto in form satisfactory to the Trustee, shall be mailed by the Agency to the owners of any registered Bond or to any Bondholder who shall within the past two years have filed such owner’s name and address with the Trustee for such purpose. Such Supplemental Indenture shall not be effective unless and until (i) there shall have been filed with the Trustee (a) the written consents of owners of the percentages of Outstanding Bonds specified in Section 9.2 and (b) a Bond Counsel’s Opinion stating that such Supplemental Indenture is authorized or permitted by this Indenture and has been duly executed and delivered by, and constitutes a valid and binding obligation of, the Agency, and (ii) a notice shall have been mailed as hereinafter provided in this Section.
(B) The consent of a Bondholder to any modification or amendment shall be effective only if accompanied by proof of the holding, at the date of such consent, of the Bonds with respect to which such consent is given, which proof shall be such as is permitted by Section
Consent of Bondholders. This First Supplemental Loan Agreement is being executed and delivered pursuant to Section 11.1 of the Existing Indenture and Section 9.6 of the Existing Loan Agreement and the consent of 100% of the owners of the Bonds outstanding is required to effect the amendments contained herein. The Trustee has certified in the First Supplemental Indenture that the Purchasers, consisting of (i) First National Bank and Trust Company of Xxxxxxxx, (ii) First National Bank of Omaha (as successor to Castle Bank, N.A.), (iii) Xxxxxxxx BancCorp [N.A.], (iv) Lincoln State Bank and (v) Xxxxxxx State Bank, comprise 100% of the owners of the outstanding Bonds. The consent of the Purchasers, which constitutes the consent of 100% of the owners of the outstanding Bonds, to the execution and delivery of this First Supplemental Loan Agreement and to the amendments contained herein have been obtained and are attached to this First Supplemental Loan Agreement.
Consent of Bondholders. The Corporation may at any time execute and deliver a Supplemental Indenture making a modification or amendment permitted by the provisions of Section 10.01 hereof to take effect when and as provided in this Section. A copy of such Supplemental Indenture (or brief summary thereof or reference thereto in form approved by the Trustee) together with a request to the Bondholders for their consent thereto in form satisfactory to the Trustee, shall promptly after execution and delivery thereof be mailed by the Corporation to the Bondholders (but failure to mail such copy and request to any particular Bondholder shall not affect the validity of the Supplemental Indenture when consented to as in this Section provided). Such Supplemental Indenture shall not be effective unless and until (i) there shall have been filed with the Trustee (a) the written consent of the Holders of the percentages of Outstanding Bonds specified in Section 10.01 hereof and (b) an opinion of Bond
Consent of Bondholders. (a) Any consent, request, direction, approval, objection or other instrument required or permitted by this Indenture to be signed and executed by the Bondholders may be in any number of writings of similar tenor and may be signed or executed by such Bondholders in person or by agent appointed in writing. Proof of the execution of any such consent, request, direction, approval, objection or other instrument, or of the writing appointing any such agent and of the ownership of Bonds, if made in the following manner, shall be sufficient for any of the purposes of this Indenture and may be conclusively relied upon by the Trustee with regard to any action taken thereunder:
(i) The fact and date of the execution by any Bondholder or his attorney of such instrument may be proved by acknowledgement before a notary public or other officer empowered to take acknowledgments or by an affidavit of a witness to such execution or in any other manner which the Trustee deems sufficient and in accordance with such reasonable rules as the Trustee may
Consent of Bondholders. Except for the amendments, changes or modifications as provided in Section 9.06 hereof, neither the Issuer nor the Trustee shall consent to any other amendment, change or modification of Obligation No. 17 without mailing of notice and the written approval or consent of the Holders of at least two-thirds in aggregate principal amount of the 2014A Bonds Outstanding, provided that the written consent of the Holders of the 2014A Bonds Outstanding is required for any amendment, change or modification of Obligation No. 17 that would permit the termination or cancellation of Obligation No. 17 or a reduction in or postponement of the payments under Obligation No. 17 or any change in the provisions relating to payment thereunder except as provided in Section 8.12. If at any time the Issuer shall request the consent of the Trustee to any such proposed amendment, change or modification Obligation No. 17, the Trustee shall, upon being satisfactorily indemnified with respect to expenses, cause notice of such proposed amendment, change or modification to be given in the same manner as provided by Section 9.02 hereof with respect to supplemental indentures; provided, that prior to the delivery of such notice or request, the Trustee or the Issuer may require that an opinion of Bond Counsel be furnished to the effect that such amendment, change or modification complies with the provisions of this Indenture and will not adversely affect the exclusion of interest on the 2014A Bonds from gross income for federal income tax purposes. Such notice shall briefly set forth the nature of such proposed amendment, change or modification and shall state that copies of the instrument embodying the same are on file at the designated corporate trust office of the Trustee for inspection by all Bondholders.
