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

Procedure for Amendment with Written Consent of the Owners. This Trust Agreement, the Lease or Site Lease may be amended by supplemental agreement as provided in this Section 10.02 in the event the consent of the Owners is required pursuant to Section 10.01(a) hereof. Such supplemental agreement, together with a request to the Owners for their consent thereto, shall be mailed by the Trustee to each Owner of a Certificate at his or her address as set forth in the Certificate registration books maintained pursuant to Section 2.11 hereof, but failure to receive copies of such supplemental agreement and request so mailed shall not affect the validity of the supplemental agreement when assented to as in this Section provided. Such supplemental agreement shall not become effective unless there shall be filed with the Trustee the written consents of the Owners of at least a majority in aggregate principal amount of the Certificates then Outstanding (exclusive of Certificates disqualified as provided in Section 10.03 hereof) and notices shall have been mailed as hereinafter in this Section provided. Any such consent shall be binding upon the Owner of the 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 by filing such revocation with the Trustee prior to the date when the notice hereinafter in this Section provided for has been mailed. After the Owners of the required percentage of Certificates shall have filed their consent to such supplemental agreement, the Trustee shall mail a notice to the Owners of the Certificates in the manner hereinbefore provided in this Section for the mailing of such supplemental agreement, stating in substance that such supplemental agreement has been consented to by the Owners of the required percentage of 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 consents thereto). A record, consisting of the papers required by this Section to be filed with the Trustee, shall be proof of the matters therein stated until the contrary is proved. The Trustee may obtain and conclusively rely on an opinion of counsel with regard to such matters.

Appears in 1 contract

Samples: Trust Agreement

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Procedure for Amendment with Written Consent of the Owners. This The Trust Agreement, the Lease or Site Lease Agreement may be amended by supplemental agreement as provided in this Section 10.02 9.03 in the event the consent of the Owners is required pursuant to Section 10.01(a) 9.01 hereof. Such supplemental agreementA description of the proposed amendment, together with a request to the Owners for their consent thereto, shall be mailed by the Trustee to each Owner of a Certificate Note Participation at his or her address as set forth in the Certificate Note Participation registration books maintained pursuant to Section 2.11 2.07 hereof, but failure to receive copies of such supplemental agreement description and request so mailed shall not affect the validity of the supplemental agreement when assented to as in this Section provided. Nothing herein shall be deemed to require the mailing of the supplemental agreement itself to the Owners. Such supplemental agreement shall not become effective unless there shall be filed with the Trustee the written consents consent of the Owners of at least a majority in aggregate principal amount of the Certificates Note Participations then Outstanding (exclusive of Certificates Note Participations disqualified as provided in Section 10.03 9.02 hereof) and notices shall have been mailed as hereinafter in this Section provided, and an Opinion of Counsel shall have been delivered (if applicable). Each such consent shall be effective only if accompanied by proof of ownership of the Note Participations for which such consent is given, which proof shall be acceptable to the Trustee. Any such consent shall be binding upon the Owner of the Certificate Note Participation 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 hereinafter in this Section provided for Trustee has been mailedreceived the required percentage of consents of the Owners of the Note Participations and acknowledged the same to the Community College Districts. After the Owners of the required percentage of Certificates Note Participations shall have filed their consent consents to such supplemental agreement, the Trustee shall acknowledge to the Community College Districts the effectiveness of the agreement and shall mail a notice to the Community College Districts and the Owners of the Certificates Note Participations in the manner hereinbefore provided in this Section for the mailing of such supplemental agreementdescription, stating in substance that such supplemental agreement has been consented to by the Owners of the required percentage of Certificates Note Participations and will be is effective as provided in this Section (but failure to mail copies of said notice shall not affect the validity of such supplemental agreement or consents thereto). A record, consisting of the papers required by this Section to be filed with the Trustee, shall be proof of the matters therein stated until the contrary is proved. The Trustee may obtain and conclusively rely on an opinion of counsel with regard to such matters.

Appears in 1 contract

Samples: Trust Agreement

Procedure for Amendment with Written Consent of the Owners. This Trust Agreement, Agreement or the Lease or Site Lease may be amended by supplemental agreement as provided in this Section 10.02 in the event the consent of the Owners is required pursuant to Section 10.01(a) hereof. Such A copy of such supplemental agreement, together with a request to the Owners for their consent thereto, shall be mailed by the Trustee to each Owner of a Certificate at his or her address as set forth in the Certificate registration books maintained pursuant to Section 2.11 2.09 hereof, but failure to receive copies of such supplemental agreement and request so mailed shall not affect the validity of the supplemental agreement when assented to as in this Section provided. Such supplemental agreement shall not become effective unless there shall be filed with the Trustee the written consents consent of the Owners of at least a majority in aggregate principal amount of the Certificates then Outstanding (exclusive of Certificates disqualified as provided in Section 10.03 hereof) and notices shall have been mailed as hereinafter in this Section provided. Any such consent shall be binding upon the Owner of the 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 by filing such revocation with the Trustee prior to the date when the notice hereinafter in this Section provided for has been mailed. After the Owners of the required percentage of Certificates shall have filed their consent to such supplemental agreement, the Trustee shall mail a notice to the Owners of the Certificates in the manner hereinbefore provided in this Section for the mailing of such supplemental agreement, stating in substance that such supplemental agreement has been consented to by the Owners of the required percentage of 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 consents thereto). A record, consisting of the papers required by this Section to be filed with the Trustee, shall be proof of the matters therein stated until the contrary is proved. The Trustee may obtain and conclusively rely on an opinion of counsel with regard to such matters.

Appears in 1 contract

Samples: Trust Agreement

Procedure for Amendment with Written Consent of the Owners. This The Trust Agreement, the Lease or Site Lease Agreement may be amended by supplemental agreement as provided in this Section 10.02 9.03 in the event the consent of the Owners is required pursuant to Section 10.01(a) 9.01 hereof. Such supplemental agreementA description of the proposed amendment, together with a request to the Owners for their consent thereto, shall be mailed by the Trustee to each Owner of a Certificate Note Participation at his or her address as set forth in the Certificate Note Participation registration books maintained pursuant to Section 2.11 2.07 hereof, but failure to receive copies of such supplemental agreement description and request so mailed shall not affect the validity of the supplemental agreement when assented to as in this Section provided. Nothing herein shall be deemed to require the mailing of the supplemental agreement itself to the Owners. Such supplemental agreement shall not become effective unless there shall be filed with the Trustee the written consents consent of the Owners of at least a majority in aggregate principal amount of the Certificates Note Participations then Outstanding (exclusive of Certificates Note Participations disqualified as provided in Section 10.03 9.02 hereof) and 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 Note Participations for which such consent is given, which proof shall be acceptable to the Trustee. Any such consent shall be binding upon the Owner of the Certificate Note Participation 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 hereinafter in this Section provided for Trustee has been mailedreceived the required percentage of consents of the Owners of the Note Participations and acknowledged the same to the Local Educational Agencies. After the Owners of the required percentage of Certificates Note Participations shall have filed their consent consents to such supplemental agreement, the Trustee shall acknowledge to the Local Educational Agencies the effectiveness of the agreement and shall mail a notice to the Local Educational Agencies and the Owners of the Certificates Note Participations in the manner hereinbefore provided in this Section for the mailing of such supplemental agreementdescription, stating in substance that such supplemental agreement has been consented to by the Owners of the required percentage of Certificates Note Participations and will be is effective as provided in this Section (but failure to mail copies of said notice shall not affect the validity of such supplemental agreement or consents thereto). A record, consisting of the papers required by this Section to be filed with the Trustee, shall be proof of the matters therein stated until the contrary is proved. The Trustee may obtain and conclusively rely on an opinion of counsel with regard to such matters.

Appears in 1 contract

Samples: Trust Agreement

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Procedure for Amendment with Written Consent of the Owners. Each Supplemental Credit Enhancer and/or Each Credit Provider. This Trust Agreement, the Lease or Site Lease Indenture may be amended by supplemental agreement as provided in this Section 10.02 10.03 in the event the consent of the Owners and each Credit Provider and each Supplemental Credit Enhancer is required pursuant to Section 10.01(a) 10.01 hereof. Such supplemental agreementA description of the proposed amendment, together with a request to the Owners for their consent thereto, shall be mailed by the Trustee to each Owner of a Certificate an Outstanding Authority Note and each Credit Provider and each Supplemental Credit Enhancer at his or her address their addresses as set forth in the Certificate registration books Registration Books maintained pursuant to Section 2.11 2.07 hereof, but failure to receive copies of such supplemental agreement description and request so mailed shall not affect the validity of the supplemental agreement when assented to as in this Section section provided. Nothing herein shall be deemed to require the mailing of the supplemental agreement itself to the Owners. Such supplemental agreement shall not become effective unless there shall be filed with the Trustee the written consents consent of the Owners of at least a majority in aggregate principal amount of the Certificates Authority Notes then Outstanding (exclusive of Certificates Authority Notes disqualified as provided in Section 10.03 10.02 hereof) and each Credit Provider and each Supplemental Credit Enhancer, and notices shall have been mailed as hereinafter in this Section section provided. Each such consent shall be effective only if accompanied by proof of ownership of the Authority Notes for which such consent is given, which proof shall be acceptable to the Trustee. Any such consent shall be binding upon the Owner of the Certificate Authority Note 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 hereinafter in this Section provided for Trustee has been mailedreceived the required percentage of consents of the Owners of the Authority Notes and acknowledged the same to the Participants. After the Owners of the required percentage of Certificates Authority Notes and each Credit Provider, each Supplemental Credit Enhancer shall have filed their consent consents to such supplemental agreement, the Trustee shall acknowledge to the Authority, each Credit Provider and each Supplemental Credit Enhancer the effectiveness of the agreement and shall mail a notice to the Participants, each Credit Provider, each Supplemental Credit Enhancer and the Owners of the Certificates Authority Notes in the manner hereinbefore provided in this Section section for the mailing of such supplemental agreementdescription, stating in substance that such supplemental agreement has been consented to by the Owners of the required percentage of Certificates Authority Notes and will be is effective as provided in this Section section (but failure to mail copies of said notice shall not affect the validity of such supplemental agreement or consents thereto). A record, consisting of the papers required by this Section section to be filed with the Trustee, shall be proof of the matters therein stated until the contrary is proved. The Trustee may obtain and conclusively rely on an opinion of counsel with regard to such matters.

Appears in 1 contract

Samples: Indenture

Procedure for Amendment with Written Consent of the Owners. This The Trust Agreement, the Lease or Site Lease Agreement may be amended by supplemental agreement as provided in this Section 10.02 9.03 in the event the consent of the Owners is required pursuant to Section 10.01(a) 9.01 hereof. Such supplemental agreementA description of the proposed amendment, together with a request to the Owners for their consent thereto, shall be mailed by the Trustee to each Owner of a Certificate Note Participation at his or her address as set forth in the Certificate Note Participation registration books maintained pursuant to Section 2.11 2.07 hereof, but failure to receive copies of such supplemental agreement description and request so mailed shall not affect the validity of the supplemental agreement when assented to as in this Section provided. Nothing herein shall be deemed to require the mailing of the supplemental agreement itself to the Owners. Such supplemental agreement shall not become effective unless there shall be filed with the Trustee the written consents consent of the Owners of at least a majority in aggregate principal amount of the Certificates Note Participations then Outstanding (exclusive of Certificates Note Participations disqualified as provided in Section 10.03 9.02 hereof) and notices shall have been mailed as hereinafter in this Section provided, and an Opinion of Counsel shall have been delivered (if applicable). Each such consent shall be effective only if accompanied by proof of ownership of the Note Participations for which such consent is given, which proof shall be acceptable to the Trustee. Any such consent shall be binding upon the Owner of the Certificate Note Participation 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 hereinafter in this Section provided for Trustee has been mailedreceived the required percentage of consents of the Owners of the Note Participations and acknowledged the same to the Local Agencies. After the Owners of the required percentage of Certificates Note Participations shall have filed their consent consents to such supplemental agreement, the Trustee shall acknowledge to the Authority the effectiveness of the agreement and shall mail a notice to the Local Agencies and the Owners of the Certificates Note Participations in the manner hereinbefore provided in this Section for the mailing of such supplemental agreementdescription, stating in substance that such supplemental agreement has been consented to by the Owners of the required percentage of Certificates Note Participations and will be is effective as provided in this Section (but failure to mail copies of said notice shall not affect the validity of such supplemental agreement or consents thereto). A record, consisting of the papers required by this Section to be filed with the Trustee, shall be proof of the matters therein stated until the contrary is proved. The Trustee may obtain and conclusively rely on an opinion of counsel with regard to such matters.

Appears in 1 contract

Samples: Trust Agreement

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