Common use of Procedure for Amendment with Written Consent of Owners Clause in Contracts

Procedure for Amendment with Written Consent of Owners. The City and the Trustee may at any time adopt a Supplemental Indenture amending the provisions of the Improvement Area #3 Bonds or of this Master Indenture, to the extent that such amendment is permitted by Section 8.1, to take effect when and as provided in this Section. The City shall provide written direction to the Trustee to provide a copy of such Supplemental Indenture, together with a request to Owners for their consent thereto, be mailed by the Trustee first class mail to each Owner of Improvement Area #3 Bonds from whom consent is required under this Master Indenture, but failure to mail copies of such Supplemental Indenture and request shall not affect the validity of the Supplemental Indenture when assented to as in this Section provided. Such Supplemental Indenture shall not become effective unless there shall be filed with the Trustee the written consents of the Owners as required by this Master Indenture and a notice shall have been mailed as hereinafter in this Section provided. Each such consent shall be effective only if accompanied by proof of ownership of the Improvement Area #3 Bonds for which such consent is given, which proof shall be such as is permitted by Section 8.6. Any such consent shall be binding upon the Owner of the Improvement Area #3 Bonds giving such consent and on any subsequent Owner (whether or not such subsequent Owner has notice thereof), unless such consent is revoked in writing by the Owner giving such consent or a subsequent Owner, by filing such revocation with the Trustee prior to the date when the notice provided for in this Section has been mailed. After the Owners of the required percentage of Improvement Area #3 Bonds shall have filed their consents to the Supplemental Indenture, the City shall mail a notice to the Owners in the manner provided in this Section for the mailing of the Supplemental Indenture, stating in substance that the Supplemental Indenture has been consented to by the Owners of the required percentage of Improvement Area #3 Bonds and will be effective as provided in this Section (but failure to mail copies of said notice shall not affect the validity of the Supplemental Indenture or consents thereto). Proof of the mailing of such notice shall be filed with the Trustee. A record, consisting of the papers required by this Section 8.3 to be filed with the Trustee, shall be proof of the matters therein stated until the contrary is proved. The Supplemental Indenture shall become effective upon the filing with the Trustee of the proof of mailing of such notice, and the Supplemental Indenture shall be deemed conclusively binding (except as otherwise specifically provided in this Article) upon the City and the Owners of all Improvement Area #3 Bonds at the expiration of ninety (90) days after such filing, except in the event of a final decree of a court of competent jurisdiction setting aside such consent in a legal action or equitable proceeding for such purpose commenced within such ninety-day period.

Procedure for Amendment with Written Consent of Owners. The City District and the Trustee Paying Agent may at any time adopt a Supplemental Indenture Agreement amending the provisions of the Improvement Area #3 Bonds or of this Master IndentureAgreement or any Supplemental Agreement, to the extent that such amendment is permitted by Section 8.18.01, to take effect when and as provided in this Section. The City shall provide written direction to the Trustee to provide a A copy of such Supplemental IndentureAgreement, together with a request to Owners for their consent thereto, shall be mailed by the Trustee first class mail mail, by the Paying Agent to each Owner of Improvement Area #3 Bonds from whom consent is required under this Master IndentureOutstanding, but failure to mail copies of such Supplemental Indenture Agreement and request shall not affect the validity of the Supplemental Indenture Agreement when assented to as in this Section provided. Such Supplemental Indenture Agreement shall not become effective unless there shall be filed with the Trustee Paying Agent the written consents of the Owners of at least sixty percent (60%) in aggregate principal amount of the Bonds then Outstanding (exclusive of Bonds disqualified as required by this Master Indenture provided in Section 8.04) and a notice shall have been mailed as hereinafter in this Section provided. Each such consent shall be effective only if accompanied by proof of ownership of the Improvement Area #3 Bonds for which such consent is given, which proof shall be such as is permitted by Section 8.69.04. Any such consent shall be binding upon the Owner of the Improvement Area #3 Bonds giving such consent and on any subsequent Owner (whether or not such subsequent Owner has notice thereof), ) unless such consent is revoked in writing by the Owner giving such consent or a subsequent Owner, Owner by filing such revocation with the Trustee Paying Agent prior to the date when the notice provided for hereinafter in this Section provided for has been mailed. After the Owners of the required percentage of Improvement Area #3 Bonds shall have filed their consents to the Supplemental IndentureAgreement, the City District shall mail a notice to the Owners in the manner hereinbefore provided in this Section for the mailing of the Supplemental IndentureAgreement, stating in substance that the Supplemental Indenture Agreement has been consented to by the Owners of the required percentage of Improvement Area #3 Bonds and will be effective as provided in this Section (but failure to mail copies of said notice shall not affect the validity of the Supplemental Indenture Agreement or consents thereto). Proof of the mailing of such notice shall be filed with the TrusteePaying Agent. A record, consisting of the papers required by this Section 8.3 8.03 to be filed with the TrusteePaying Agent, shall be proof of the matters therein stated until the contrary is proved. The Supplemental Indenture Agreement shall become effective upon the filing with the Trustee Paying Agent of the proof of mailing of such notice, and the Supplemental Indenture Agreement shall be deemed conclusively binding (except as otherwise hereinabove specifically provided in this Article) upon the City District and the Owners of all Improvement Area #3 Bonds at the expiration of ninety sixty (9060) days after such filing, except in the event of a final decree of a court of competent jurisdiction setting aside such consent in a legal action or equitable proceeding for such purpose commenced within such ninetysixty-day period.

Procedure for Amendment with Written Consent of Owners. The City and This Trust Agreement or the Trustee Lease may at any time adopt a Supplemental Indenture amending the provisions of the Improvement Area #3 Bonds or of this Master Indenture, to the extent that such amendment is permitted be amended by Section 8.1, to take effect when and supplemental agreement as provided in this SectionSection in the event the consent of the Owners is required pursuant to Section 10.1. The City shall provide written direction to the Trustee to provide a A copy of such Supplemental Indenturesupplemental agreement, together with a request to the Owners for their consent thereto, shall be mailed mailed, by the Trustee first class mail by the Trustee, at the expense of the City, to each Owner of Improvement Area #3 Bonds from whom consent is required under this Master Indentureat his address as set forth in the Certificate registration books maintained pursuant to Section 2.11, but failure to mail t o receive copies of o f such Supplemental Indenture supplemental agreement and request shall not s o mailed s hall n of affect the validity of the Supplemental Indenture supplemental agreement when assented to as in this Section provided. Such Supplemental Indenture supplemental agreement shall not become effective unless there shall be filed with the Trustee the written consents consent of the Owners of at least 51% in aggregate principal amount of the Certificates then Outstanding (exclusive of Certificates disqualified as required by this Master Indenture provided in Section 10.3) and a notice notices shall have been mailed as hereinafter in this Section provided. Each such consent shall be effective only if accompanied by proof of ownership of the Improvement Area #3 Bonds Certificates for which such consent is given, which proof shall be such as is permitted by Section 8.62.11. Any such consent shall be binding upon the Owner of the Improvement Area #3 Bonds Certificate giving such consent and on any subsequent Owner (whether or not such subsequent Owner has notice thereof), ) unless such consent is revoked in writing by the Owner giving such consent or a subsequent Owner, Subsequent Owner by filing such revocation r evocation with the Trustee prior to t o the date when d ate w hen the notice provided for hereinafter in this Section provided for has been mailed. After the Owners of the required percentage of Improvement Area #3 Bonds Certificates shall have filed their consents to the Supplemental Indenturesuch supplemental agreement, the City Trustee shall mail a notice to the Certificate Owners in the manner hereinabove provided in this Section for the mailing of the Supplemental Indenturesuch supplemental agreement, stating in substance that the Supplemental Indenture such supplemental agreement has been consented to by the Owners of the required percentage of Improvement Area #3 Bonds Certificates and will be effective as provided in this Section (but failure to mail copies of said notice shall not affect the validity of such supplemental agreement or the Supplemental Indenture or consents thereto). Proof of the mailing of such notice shall be filed with the Trustee. A record, consisting of the papers required by this Section 8.3 to be filed with the Trustee, shall be proof of the matters therein stated until the contrary is proved. The Supplemental Indenture Such supplemental agreement shall become effective upon the filing with the Trustee mailing of the proof of mailing of such noticenotice hereinabove in this Section provided, and the Supplemental Indenture such supplemental agreement shall be deemed conclusively binding (except as otherwise specifically provided in this Article) upon the City parties hereto and the Owners of all Improvement Area #3 Bonds Certificates at the expiration of ninety (90) 60 days after such filingmailing, except in the event of a final decree of a court of competent jurisdiction setting aside such consent in a legal action or equitable proceeding for such purpose commenced within such ninety60-day period.

Procedure for Amendment with Written Consent of Owners. The City Agency and the Trustee Fiscal Agent may at any time adopt a Supplemental Indenture Agreement amending the provisions of the Improvement Area #3 Bonds or of this Master IndentureAgreement or any Supplemental Agreement, to the extent that such amendment is not permitted by Section 8.18.01 hereof, to take effect when and as provided in this SectionSection 8.03. The City With respect to such Supplemental Agreement under this Section 8.03, the following shall provide written direction to the Trustee to provide a apply: (A) A copy of such Supplemental IndentureAgreement, together with a request to Owners for their consent thereto, shall be mailed by the Trustee first class mail mail, by the Fiscal Agent to each Owner of Improvement Area #3 Bonds from whom consent is required under this Master IndentureOutstanding, but failure to mail copies of such Supplemental Indenture Agreement and request shall not affect the validity of the Supplemental Indenture Agreement when assented to as in this Section provided. ; (B) Such Supplemental Indenture Agreement shall not become effective unless there shall be filed with the Trustee Fiscal Agent the written consents of the Owners of at least sixty percent (60%) in aggregate principal amount of the Bonds then Outstanding (exclusive of Bonds disqualified as required by this Master Indenture provided in Section 8.04) and a notice shall have been mailed as hereinafter in this Section provided. Each such consent shall be effective only if accompanied by proof of ownership of the Improvement Area #3 Bonds for which such consent is given, which proof shall be such as is permitted by Section 8.69.04. Any such consent shall be binding upon the Owner of the Improvement Area #3 Bonds giving such consent and on any subsequent Owner (whether or not such subsequent Owner has notice thereof), ) unless such consent is revoked in writing by the Owner giving such consent or a subsequent Owner, Owner by filing such revocation with the Trustee Fiscal Agent prior to the date when the notice provided for hereinafter in this Section provided for has been mailed. ; and (C) After the Owners of the required percentage of Improvement Area #3 Bonds shall have filed their consents to the Supplemental IndentureAgreement, the City Agency shall mail a notice to the Owners in the manner hereinbefore provided in this Section for the mailing of the Supplemental IndentureAgreement, stating in substance that the Supplemental Indenture Agreement has been consented to by the Owners of the required percentage of Improvement Area #3 Bonds and will be effective as provided in this Section (Section, but failure to mail copies of said notice shall not affect the validity of the Supplemental Indenture Agreement or consents thereto). Proof of the mailing of such notice shall be filed with the TrusteeFiscal Agent. A record, consisting of the papers required by this Section 8.3 8.03 to be filed with the TrusteeFiscal Agent, shall be proof of the matters therein stated until the contrary is proved. The Supplemental Indenture Agreement shall become effective upon the filing with the Trustee Fiscal Agent of the proof of mailing matters therein of such notice, and the Supplemental Indenture Agreement shall be deemed conclusively binding (except as otherwise hereinabove specifically provided in this Article) upon the City Agency and the Owners of all Improvement Area #3 Bonds at the expiration of ninety sixty (9060) days after such filing, except in the event of a final decree of a court of competent jurisdiction setting aside such consent in a legal action or equitable proceeding for such purpose commenced within such ninetysixty-day period.

Procedure for Amendment with Written Consent of Owners. The City and the Trustee Fiscal Agent may at any time adopt enter into a Supplemental Indenture Agreement amending the provisions of the Improvement Area #3 Bonds or of this Master IndentureAgreement or any Supplemental Agreement, to the extent that such amendment is permitted by Section 8.18.01, to take effect when and as provided in this Section. The City shall provide written direction to the Trustee to provide a A copy of such Supplemental IndentureAgreement, together with a request to Owners for their consent thereto, if such consent is required under Section 8.01, shall be mailed by the Trustee first class mail mail, by the Fiscal Agent to each Owner of Improvement Area #3 Bonds from whom consent is required under this Master IndentureOutstanding, but failure to mail copies of such Supplemental Indenture Agreement and request shall not affect the validity of the Supplemental Indenture Agreement when assented to as in this Section provided. Such If consent of the Owners is required under Section 8.01, such Supplemental Indenture Agreement shall not become effective unless there shall be filed with the Trustee Fiscal Agent the written consents of the Owners of at least sixty percent (60%) in aggregate principal amount of the Bonds then Outstanding (exclusive of Bonds disqualified as required by this Master Indenture provided in Section 8.04) and a notice shall have been mailed as hereinafter in this Section provided. Each such consent shall be effective only if accompanied by proof of ownership of the Improvement Area #3 Bonds for which such consent is given, which proof shall be such as is permitted by Section 8.69.04. Any such consent shall be binding upon the Owner of the Improvement Area #3 Bonds giving such consent and on any subsequent Owner (whether or not such subsequent Owner has notice thereof), ) unless such consent is revoked in writing by the Owner giving such consent or a subsequent Owner, Owner by filing such revocation with the Trustee Fiscal Agent prior to the date when the notice provided for hereinafter in this Section provided for has been mailed. After the Owners of the required percentage of Improvement Area #3 Bonds shall have filed their consents to the Supplemental IndentureAgreement, the City shall mail a notice to the Owners in the manner hereinbefore provided in this Section for the mailing of the Supplemental IndentureAgreement, stating in substance that the Supplemental Indenture Agreement has been consented to by the Owners of the required percentage of Improvement Area #3 Bonds and will be effective as provided in this Section (but failure to mail copies of said notice shall not affect the validity of the Supplemental Indenture Agreement or consents thereto). Proof of the mailing of such notice shall be filed with the TrusteeFiscal Agent. A record, consisting of the papers required by this Section 8.3 8.03 to be filed with the TrusteeFiscal Agent, shall be proof of the matters therein stated until the contrary is proved. The Supplemental Indenture Agreement shall become effective upon the filing with the Trustee Fiscal Agent of the proof of mailing of such notice, and the Supplemental Indenture Agreement shall be deemed conclusively binding (except as otherwise herein above specifically provided in this Article) upon the City and the Owners of all Improvement Area #3 Bonds at the expiration of ninety sixty (9060) days after such filing, except in the event of a final decree of a court of competent jurisdiction setting aside such consent in a legal action or equitable proceeding for such purpose commenced within such ninetysixty-day period.

Procedure for Amendment with Written Consent of Owners. The City and the Trustee may at any time adopt a Supplemental Indenture amending the provisions of the Improvement Area #3 Bonds or of this Master Indenture or any Supplemental Indenture, to the extent that such amendment is permitted by Section 8.18.01, to take effect when and as provided in this Section. The City shall provide written direction to the Trustee to provide a A copy of such Supplemental Indenture, together with a request to Owners for their consent thereto, shall be mailed by first class mail, by the Trustee first class mail to each Owner of Improvement Area #3 Bonds from whom consent is required under this Master IndentureOutstanding, but failure to mail copies of such Supplemental Indenture and request shall not affect the validity of the Supplemental Indenture when assented to as in this Section provided. Such Supplemental Indenture shall not become effective unless there shall be filed with the Trustee the written consents of the Owners of at least sixty percent (60%) in aggregate principal amount of the Bonds then Outstanding (exclusive of Bonds disqualified as required by this Master Indenture provided in Section 8.04) and a notice shall have been mailed as hereinafter in this Section provided. Each such consent shall be effective only if accompanied by proof of ownership of the Improvement Area #3 Bonds for which such consent is given, which proof shall be such as is permitted by Section 8.69.04. Any such consent shall be binding upon the Owner of the Improvement Area #3 Bonds giving such consent and on any subsequent Owner (whether or not such subsequent Owner has notice thereof), ) unless such consent is revoked in writing by the Owner giving such consent or a subsequent Owner, Owner by filing such revocation with the Trustee prior to the date when the notice provided for hereinafter in this Section provided for has been mailed. After the Owners of the required percentage of Improvement Area #3 Bonds shall have filed their consents to the Supplemental Indenture, the City shall mail a notice to the Owners in the manner hereinbefore provided in this Section for the mailing of the Supplemental Indenture, stating in substance that the Supplemental Indenture has been consented to by the Owners of the required percentage of Improvement Area #3 Bonds and will be effective as provided in this Section (but failure to mail copies of said notice shall not affect the validity of the Supplemental Indenture or consents thereto). Proof of the mailing of such notice shall be filed with the Trustee. A record, consisting of the papers required by this Section 8.3 8.03 to be filed with the Trustee, shall be proof of the matters therein stated until the contrary is proved. The Supplemental Indenture shall become effective upon the filing with the Trustee of the proof of mailing of such notice, and the Supplemental Indenture shall be deemed conclusively binding (except as otherwise hereinabove specifically provided in this Article) upon the City and the Owners of all Improvement Area #3 Bonds at the expiration of ninety sixty (9060) days after such filing, except in the event of a final decree of a court of competent jurisdiction setting aside such consent in a legal action or equitable proceeding for such purpose commenced within such ninetysixty-day period.

Procedure for Amendment with Written Consent of Owners. The City and the Trustee Fiscal Agent may at any time adopt enter into a Supplemental Indenture Agreement amending the provisions of the Improvement Area #3 Bonds or of this Master IndentureAgreement or any Supplemental Agreement, to the extent that such amendment is permitted by Section 8.18.01, to take effect when and as provided in this Section. The City shall provide written direction to the Trustee to provide a A copy of such Supplemental IndentureAgreement, together with a request to Owners for their consent thereto, if such consent is required under Section 8.01, shall be mailed by the Trustee first class mail mail, by the Fiscal Agent to each Owner of Improvement Area #3 Bonds from whom consent is required under this Master IndentureOutstanding, but failure to mail copies of such Supplemental Indenture Agreement and request shall not affect the validity of the Supplemental Indenture Agreement when assented to as in this Section provided. Such If consent of the Owners is required under Section 8.01, such Supplemental Indenture Agreement shall not become effective unless there shall be filed with the Trustee Fiscal Agent the written consents of the Owners of at least [sixty percent (60%)] in aggregate principal amount of the Bonds then Outstanding (exclusive of Bonds disqualified as required by this Master Indenture provided in Section 8.04) and a notice shall have been mailed as hereinafter in this Section provided. Each such consent shall be effective only if accompanied by proof of ownership of the Improvement Area #3 Bonds for which such consent is given, which proof shall be such as is permitted by Section 8.69.04. Any such consent shall be binding upon the Owner of the Improvement Area #3 Bonds giving such consent and on any subsequent Owner (whether or not such subsequent Owner has notice thereof), ) unless such consent is revoked in writing by the Owner giving such consent or a subsequent Owner, Owner by filing such revocation with the Trustee Fiscal Agent prior to the date when the notice provided for hereinafter in this Section provided for has been mailed. After the Owners of the required percentage of Improvement Area #3 Bonds shall have filed their consents to the Supplemental IndentureAgreement, the City shall mail a notice to the Owners in the manner hereinbefore provided in this Section for the mailing of the Supplemental IndentureAgreement, stating in substance that the Supplemental Indenture Agreement has been consented to by the Owners of the required percentage of Improvement Area #3 Bonds and will be effective as provided in this Section (but failure to mail copies of said notice shall not affect the validity of the Supplemental Indenture Agreement or consents thereto). Proof of the mailing of such notice shall be filed with the TrusteeFiscal Agent. A record, consisting of the papers required by this Section 8.3 8.03 to be filed with the TrusteeFiscal Agent, shall be proof of the matters therein stated until the contrary is proved. The Supplemental Indenture Agreement shall become effective upon the filing with the Trustee Fiscal Agent of the proof of mailing of such notice, and the Supplemental Indenture Agreement shall be deemed conclusively binding (except as otherwise herein above specifically provided in this Article) upon the City and the Owners of all Improvement Area #3 Bonds at the expiration of ninety sixty (9060) days after such filing, except in the event of a final decree of a court of competent jurisdiction setting aside such consent in a legal action or equitable proceeding for such purpose commenced within such ninetysixty-day period.

Procedure for Amendment with Written Consent of Owners. The City County and the Trustee Fiscal Agent may at any time adopt a Supplemental Indenture Agreement amending the provisions of the Improvement Area #3 Bonds or of this Master IndentureAgreement or any Supplemental Agreement, to the extent that such amendment is not permitted by Section 8.18.01 hereof, to take effect when and as provided in this SectionSection 8.03. The City With respect to such Supplemental Agreement under this Section 8.03, the following shall provide written direction to the Trustee to provide a apply: (A) A copy of such Supplemental IndentureAgreement, together with a request to Owners for their consent thereto, shall be mailed by the Trustee first class mail mail, by the Fiscal Agent to each Owner of Improvement Area #3 Bonds from whom consent is required under this Master IndentureOutstanding, but failure to mail copies of such Supplemental Indenture Agreement and request shall not affect the validity of the Supplemental Indenture Agreement when assented to as in this Section provided. ; (B) Such Supplemental Indenture Agreement shall not become effective unless there shall be filed with the Trustee Fiscal Agent the written consents of the Owners of at least sixty percent (60%) in aggregate principal amount of the Bonds then Outstanding (exclusive of Bonds disqualified as required by this Master Indenture provided in Section 8.04) and a notice shall have been mailed as hereinafter in this Section provided. Each such consent shall be effective only if accompanied by proof of ownership of the Improvement Area #3 Bonds for which such consent is given, which proof shall be such as is permitted by Section 8.69.04. Any such consent shall be binding upon the Owner of the Improvement Area #3 Bonds giving such consent and on any subsequent Owner (whether or not such subsequent Owner has notice thereof), ) unless such consent is revoked in writing by the Owner giving such consent or a subsequent Owner, Owner by filing such revocation with the Trustee Fiscal Agent prior to the date when the notice provided for hereinafter in this Section provided for has been mailed. ; and (C) After the Owners of the required percentage of Improvement Area #3 Bonds shall have filed their consents to the Supplemental IndentureAgreement, the City County shall mail a notice to the Owners in the manner hereinbefore provided in this Section for the mailing of the Supplemental IndentureAgreement, stating in substance that the Supplemental Indenture Agreement has been consented to by the Owners of the required percentage of Improvement Area #3 Bonds and will be effective as provided in this Section (but failure to mail copies of said notice shall not affect the validity of the Supplemental Indenture Agreement or consents thereto). Proof of the mailing of such notice shall be filed with the TrusteeFiscal Agent. A record, consisting of the papers required by this Section 8.3 8.03 to be filed with the TrusteeFiscal Agent, shall be proof of the matters therein stated until the contrary is proved. The Supplemental Indenture Agreement shall become effective upon the filing with the Trustee Fiscal Agent of the proof of mailing matters therein of such notice, and the Supplemental Indenture Agreement shall be deemed conclusively binding (except as otherwise hereinabove specifically provided in this Article) upon the City County and the Owners of all Improvement Area #3 Bonds at the expiration of ninety sixty (9060) days after such filing, except in the event of a final decree of a court of competent jurisdiction setting aside such consent in a legal action or equitable proceeding for such purpose commenced within such ninetysixty-day period.

Procedure for Amendment with Written Consent of Owners. The City and the Trustee Fiscal Agent may at any time adopt enter into a Supplemental Indenture Agreement amending the provisions of the Improvement Area #3 Bonds or of this Master IndentureAgreement or any Supplemental Agreement, to the extent that such amendment is permitted by Section 8.18.01, to take effect when and as provided in this Section. The City shall provide written direction to the Trustee to provide a A copy of such Supplemental IndentureAgreement, together with a request to Owners for their consent thereto, if such consent is required under Section 8.01, shall be mailed by the Trustee first class mail mail, by the Fiscal Agent to each Owner of Improvement Area #3 Bonds from whom consent is required under this Master IndentureOutstanding, but failure to mail copies of such Supplemental Indenture Agreement and request shall not affect the validity of the Supplemental Indenture Agreement when assented to as in this Section provided. Such If consent of the Owners is required under Section 8.01, such Supplemental Indenture Agreement shall not become effective unless there shall be filed with the Trustee Fiscal Agent the written consents of the Owners of at least 60% in aggregate principal amount of the Bonds then Outstanding (exclusive of Bonds disqualified as required by this Master Indenture provided in Section 8.04) and a notice shall have been mailed as hereinafter in this Section provided. Each such consent shall be effective only if accompanied by proof of ownership of the Improvement Area #3 Bonds for which such consent is given, which proof shall be such as is permitted by Section 8.69.04. Any such consent shall be binding upon the Owner of the Improvement Area #3 Bonds giving such consent and on any subsequent Owner (whether or not such subsequent Owner has notice thereof), ) unless such consent is revoked in writing by the Owner giving such consent or a subsequent Owner, Owner by filing such revocation with the Trustee Fiscal Agent prior to the date when the notice provided for hereinafter in this Section provided for has been mailed. After the Owners of the required percentage of Improvement Area #3 Bonds shall have filed their consents to the Supplemental IndentureAgreement, the City shall mail a notice to the Owners in the manner hereinbefore provided in this Section for the mailing of the Supplemental IndentureAgreement, stating in substance that the Supplemental Indenture Agreement has been consented to by the Owners of the required percentage of Improvement Area #3 Bonds and will be effective as provided in this Section (but failure to mail copies of said notice shall not affect the validity of the Supplemental Indenture Agreement or consents thereto). Proof of the mailing of such notice shall be filed with the TrusteeFiscal Agent. A record, consisting of the papers required by this Section 8.3 8.03 to be filed with the TrusteeFiscal Agent, shall be proof of the matters therein stated until the contrary is proved. The Supplemental Indenture Agreement shall become effective upon the filing with the Trustee Fiscal Agent of the proof of mailing of such notice, and the Supplemental Indenture Agreement shall be deemed conclusively binding (except as otherwise herein above specifically provided in this Article) upon the City and the Owners of all Improvement Area #3 Bonds at the expiration of ninety (90) 60 days after such filing, except in the event of a final decree of a court of competent jurisdiction setting aside such consent in a legal action or equitable proceeding for such purpose commenced within such ninetysixty-day period.

Procedure for Amendment with Written Consent of Owners. The City Town and the Trustee Fiscal Agent may at any time adopt a Supplemental Indenture Agreement amending the provisions of the Improvement Area #3 Reassessment Bonds or of this Master IndentureAgreement or any Supplemental Agreement, to the extent that such amendment is not permitted by Section 8.18.01 hereof, to take effect when and as provided in this SectionSection 8.03. The City With respect to such Supplemental Agreement under this Section 8.03, the following shall provide written direction to the Trustee to provide a apply: (a) A copy of such Supplemental IndentureAgreement, together with a request to Owners for their consent thereto, shall be mailed by the Trustee first class mail mail, by the Fiscal Agent to each Owner of Improvement Area #3 Reassessment Bonds from whom consent is required under this Master IndentureOutstanding, but failure to mail copies of such Supplemental Indenture Agreement and request shall not affect the validity of the Supplemental Indenture Agreement when assented to as in this Section provided. ; (b) Such Supplemental Indenture Agreement shall not become effective unless there shall be filed with the Trustee Fiscal Agent the written consents of the Owners of at least sixty percent (60%) in aggregate principal amount of the Reassessment Bonds then Outstanding (exclusive of Reassessment Bonds disqualified as required by this Master Indenture provided in Section 8.04) and a notice shall have been mailed as hereinafter in this Section provided. Each such consent shall be effective only if accompanied by proof of ownership of the Improvement Area #3 Reassessment Bonds for which such consent is given, which proof shall be such as is permitted by Section 8.69.04. Any such consent shall be binding upon the Owner of the Improvement Area #3 Reassessment Bonds giving such consent and on any subsequent Owner (whether or not such subsequent Owner has notice thereof), ) unless such consent is revoked in writing by the Owner giving such consent or a subsequent Owner, Owner by filing such revocation with the Trustee Fiscal Agent prior to the date when the notice provided for hereinafter in this Section provided for has been mailed. ; and (c) After the Owners of the required percentage of Improvement Area #3 Reassessment Bonds shall have filed their consents to the Supplemental IndentureAgreement, the City Town shall mail a notice to the Owners in the manner hereinbefore provided in this Section for the mailing of the Supplemental IndentureAgreement, stating in substance that the Supplemental Indenture Agreement has been consented to by the Owners of the required percentage of Improvement Area #3 Reassessment Bonds and will be effective as provided in this Section (but failure to mail copies of said notice shall not affect the validity of the Supplemental Indenture Agreement or consents thereto). Proof of the mailing of such notice shall be filed with the TrusteeFiscal Agent. A record, consisting of the papers required by this Section 8.3 8.03 to be filed with the TrusteeFiscal Agent, shall be proof of the matters therein stated until the contrary is proved. The Supplemental Indenture Agreement shall become effective upon the filing with the Trustee Fiscal Agent of the proof of mailing matters therein of such notice, and the Supplemental Indenture Agreement shall be deemed conclusively binding (except as otherwise hereinabove specifically provided in this Article) upon the City Town and the Owners of all Improvement Area #3 Reassessment Bonds at the expiration of ninety sixty (9060) days after such filing, except in the event of a final decree of a court of competent jurisdiction setting aside such consent in a legal action or equitable proceeding for such purpose commenced within such ninetysixty-day period.

Procedure for Amendment with Written Consent of Owners. The City District and the Trustee Fiscal Agent may at any time adopt a Supplemental Indenture Agreement amending the provisions of the Improvement Area #3 Bonds or of this Master IndentureAgreement or any Supplemental Agreement, to the extent that such amendment is permitted by Section 8.19.1 hereof, to take effect when and as provided in this Section. The City shall provide written direction to the Trustee to provide a A copy of such Supplemental IndentureAgreement, together with a request to Owners for their consent thereto, shall be mailed by the Trustee first first-class mail by the Fiscal Agent to each Owner of Improvement Area #3 Bonds from whom consent is required under this Master IndentureOutstanding, but failure to mail copies of such Supplemental Indenture Agreement and request shall not affect the validity of the Supplemental Indenture Agreement when assented to as in this Section provided. Such Supplemental Indenture Agreement shall not become effective unless there shall be filed with the Trustee Fiscal Agent the written consents of the Owners of at least sixty percent (60%) in aggregate principal amount of the Bonds then Outstanding (exclusive of Bonds disqualified as required by this Master Indenture provided in Section 9.4 hereof) and a notice shall have been mailed as hereinafter in this Section provided. Each such consent shall be effective only if accompanied by proof of ownership of the Improvement Area #3 Bonds for which such consent is given, which proof shall be such as is permitted by Section 8.610.4 hereof. Any such consent shall be binding upon the Owner of the Improvement Area #3 Bonds giving such consent and on any subsequent Owner (whether or not such subsequent Owner has notice thereof), ) unless such consent is revoked in writing by the Owner giving such consent or a subsequent Owner, Owner by filing such revocation with the Trustee Fiscal Agent prior to the date when the notice provided for hereinafter in this Section provided for has been mailed. After the Owners of the required percentage of Improvement Area #3 Bonds shall have filed their consents to the Supplemental IndentureAgreement, the City District shall mail a notice to the Owners in the manner hereinbefore provided in this Section for the mailing of the Supplemental IndentureAgreement, stating in substance that the Supplemental Indenture Agreement has been consented to by the Owners of the required percentage of Improvement Area #3 Bonds and will be effective as provided in this Section (but failure to mail copies of said notice shall not affect the validity of the Supplemental Indenture Agreement or consents thereto). Proof of the mailing of such notice shall be filed with the TrusteeFiscal Agent. A record, consisting of the papers required by this Section 8.3 9.3 to be filed with the TrusteeFiscal Agent, shall be proof of the matters therein stated until the contrary is proved. The Supplemental Indenture Agreement shall become effective upon the filing with the Trustee Fiscal Agent of the proof of mailing of such notice, and the Supplemental Indenture Agreement shall be deemed conclusively binding (except as otherwise hereinabove specifically provided in this Article) upon the City District and the Owners of all Improvement Area #3 Bonds at the expiration of ninety sixty (9060) days after such filing, except in the event of a final decree of a court of competent jurisdiction setting aside such consent in a legal action action, or equitable proceeding for such purpose commenced within such ninety60-day period.

Procedure for Amendment with Written Consent of Owners. The City and the Trustee Fiscal Agent may at any time adopt a Supplemental Indenture Agreement amending the provisions of the Improvement Area #3 Bonds or of this Master IndentureAgreement or any Supplemental Agreement, to the extent that such amendment is permitted by Section 8.18.01 hereof, to take effect when and as provided in this SectionSection 8.03. The City With respect to such Supplemental Agreement under this Section 8.03, the following shall provide written direction to the Trustee to provide a apply: (A) A copy of such Supplemental IndentureAgreement, together with a request to Owners for their consent thereto, shall be mailed by the Trustee first class mail mail, by the Fiscal Agent to each Owner of Improvement Area #3 Bonds from whom consent is required under this Master IndentureOutstanding, but failure to mail copies of such Supplemental Indenture Agreement and request shall not affect the validity of the Supplemental Indenture Agreement when assented to as in this Section provided. ; (B) Such Supplemental Indenture Agreement shall not become effective unless there shall be filed with the Trustee Fiscal Agent the written consents of the Owners of at least sixty percent (60%) in aggregate principal amount of the Bonds then Outstanding (exclusive of Bonds disqualified as required by this Master Indenture provided in Section 8.04) and a notice shall have been mailed as hereinafter in this Section provided. Each such consent shall be effective only if accompanied by proof of ownership of the Improvement Area #3 Bonds for which such consent is given, which proof shall be such as is permitted by Section 8.69.04. Any such consent shall be binding upon the Owner of the Improvement Area #3 Bonds giving such consent and on any subsequent Owner (whether or not such subsequent Owner has notice thereof), ) unless such consent is revoked in writing by the Owner giving such consent or a subsequent Owner, Owner by filing such revocation with the Trustee Fiscal Agent prior to the date when the notice provided for hereinafter in this Section provided for has been mailed. ; and (C) After the Owners of the required percentage of Improvement Area #3 Bonds shall have filed their consents to the Supplemental IndentureAgreement, the City shall mail a notice to the Owners in the manner hereinbefore provided in this Section for the mailing of the Supplemental IndentureAgreement, stating in substance that the Supplemental Indenture Agreement has been consented to by the Owners of the required percentage of Improvement Area #3 Bonds and will be effective as provided in this Section (but failure to mail copies of said notice shall not affect the validity of the Supplemental Indenture Agreement or consents thereto). Proof of the mailing of such notice shall be filed with the TrusteeFiscal Agent. A record, consisting of the papers required by this Section 8.3 to be filed with the Trustee, shall be proof of the matters therein stated until the contrary is proved. The Supplemental Indenture shall become effective upon the filing with the Trustee of the proof of mailing of such notice, and the Supplemental Indenture shall be deemed conclusively binding (except as otherwise specifically provided in this Article) upon the City and the Owners of all Improvement Area #3 Bonds at the expiration of ninety (90) days after such filing, except in the event of a final decree of a court of competent jurisdiction setting aside such consent in a legal action or equitable proceeding for such purpose commenced within such ninety-day period.Section

Procedure for Amendment with Written Consent of Owners. The City County and the Trustee Fiscal Agent may at any time adopt a Supplemental Indenture Agreement amending the provisions of the Improvement Area #3 Bonds or of this Master IndentureAgreement or any Supplemental Agreement, to the extent that such amendment is permitted by Section 8.18.01, to take effect when and as provided in this Section. The City shall provide written direction to the Trustee to provide a A copy of such Supplemental IndentureAgreement, together with a request to Owners for their consent thereto, shall be mailed by the Trustee first class mail mail, by the Fiscal Agent to each Owner of Improvement Area #3 Bonds from whom consent is required under this Master IndentureOutstanding, but failure to mail copies of such Supplemental Indenture Agreement and request shall not affect the validity of the Supplemental Indenture Agreement when assented to as in this Section provided. Such Supplemental Indenture Agreement shall not become effective unless there shall be filed with the Trustee Fiscal Agent the written consents of the Owners of at least sixty percent (60%) in aggregate principal amount of the Bonds then Outstanding (exclusive of Bonds disqualified as required by this Master Indenture provided in Section 8.04) and a notice shall have been mailed as hereinafter in this Section provided. Each such consent shall be effective only if accompanied by proof of ownership of the Improvement Area #3 Bonds for which such consent is given, which proof shall be such as is permitted by Section 8.69.04. Any such consent shall be binding upon the Owner of the Improvement Area #3 Bonds giving such consent and on any subsequent Owner (whether or not such subsequent Owner has notice thereof), ) unless such consent is revoked in writing by the Owner giving such consent or a subsequent Owner, Owner by filing such revocation with the Trustee Fiscal Agent prior to the date when the notice provided for hereinafter in this Section provided for has been mailed. After the Owners of the required percentage of Improvement Area #3 Bonds shall have filed their consents to the Supplemental IndentureAgreement, the City County shall mail a notice to the Owners in the manner hereinbefore provided in this Section for the mailing of the Supplemental IndentureAgreement, stating in substance that the Supplemental Indenture Agreement has been consented to by the Owners of the required percentage of Improvement Area #3 Bonds and will be effective as provided in this Section (but failure to mail copies of said notice shall not affect the validity of the Supplemental Indenture Agreement or consents thereto). Proof of the mailing of such notice shall be filed with the TrusteeFiscal Agent. A record, consisting of the papers required by this Section 8.3 8.03 to be filed with the TrusteeFiscal Agent, shall be proof of the matters therein stated until the contrary is proved. The Supplemental Indenture Agreement shall become effective upon the filing with the Trustee Fiscal Agent of the proof of mailing of such notice, and the Supplemental Indenture Agreement shall be deemed conclusively binding (except as otherwise hereinabove specifically provided in this Article) upon the City County and the Owners of all Improvement Area #3 Bonds at the expiration of ninety sixty (9060) days after such filing, except in the event of a final decree of a court of competent jurisdiction setting aside such consent in a legal action or equitable proceeding for such purpose commenced within such ninetysixty-day period.

Procedure for Amendment with Written Consent of Owners. The City District and the Trustee Fiscal Agent may at any time adopt a Supplemental Indenture Agreement amending the provisions of the Improvement Area #3 Bonds or of this Master IndentureAgreement or any Supplemental Agreement, to the extent that such amendment is not permitted by Section 8.18.01 hereof, to take effect when and as provided in this SectionSection 8.03. The City With respect to such Supplemental Agreement under this Section 8.03, the following shall provide written direction to the Trustee to provide a apply: (A) A copy of such Supplemental IndentureAgreement, together with a request to Owners for their consent thereto, shall be mailed by the Trustee first class mail mail, by the Fiscal Agent to each Owner of Improvement Area #3 Bonds from whom consent is required under this Master IndentureOutstanding, but failure to mail copies of such Supplemental Indenture Agreement and request shall not affect the validity of the Supplemental Indenture Agreement when assented to as in this Section provided. ; (B) Such Supplemental Indenture Agreement shall not become effective unless there shall be filed with the Trustee Fiscal Agent the written consents of the Owners of at least sixty percent (60%) in aggregate principal amount of the Bonds then Outstanding (exclusive of Bonds disqualified as required by this Master Indenture provided in Section 8.04) and a notice shall have been mailed as hereinafter in this Section provided. Each such consent shall be effective only if accompanied by proof of ownership of the Improvement Area #3 Bonds for which such consent is given, which proof shall be such as is permitted by Section 8.69.04. Any such consent shall be binding upon the Owner of the Improvement Area #3 Bonds giving such consent and on any subsequent Owner (whether or not such subsequent Owner has notice thereof), ) unless such consent is revoked in writing by the Owner giving such consent or a subsequent Owner, Owner by filing such revocation with the Trustee Fiscal Agent prior to the date when the notice provided for hereinafter in this Section provided for has been mailed. ; and (C) After the Owners of the required percentage of Improvement Area #3 Bonds shall have filed their consents to the Supplemental IndentureAgreement, the City District shall mail a notice to the Owners in the manner hereinbefore provided in this Section for the mailing of the Supplemental IndentureAgreement, stating in substance that the Supplemental Indenture Agreement has been consented to by the Owners of the required percentage of Improvement Area #3 Bonds and will be effective as provided in this Section (but failure to mail copies of said notice shall not affect the validity of the Supplemental Indenture Agreement or consents thereto). Proof of the mailing of such notice shall be filed with the TrusteeFiscal Agent. A record, consisting of the papers required by this Section 8.3 8.03 to be filed with the TrusteeFiscal Agent, shall be proof of the matters therein stated until the contrary is proved. The Supplemental Indenture Agreement shall become effective upon the filing with the Trustee Fiscal Agent of the proof of mailing matters therein of such notice, and the Supplemental Indenture Agreement shall be deemed conclusively binding (except as otherwise hereinabove specifically provided in this Article) upon the City District and the Owners of all Improvement Area #3 Bonds at the expiration of ninety sixty (9060) days after such filing, except in the event of a final decree of a court of competent jurisdiction setting aside such consent in a legal action or equitable proceeding for such purpose commenced within such ninetysixty-day period.