Common use of Supplemental Agreements Requiring Consent of Bondholders Clause in Contracts

Supplemental Agreements Requiring Consent of Bondholders. (a) Exclusive of Supplemental Agreements authorized by Section 9.01 and subject to the terms and provisions contained in this Section, the Holders of not less than a majority in aggregate principal amount of Outstanding Bonds shall have the right from time to time, notwithstanding anything in this Agreement to the contrary, to consent to the execution by the Authority and the Trustee of such other Agreements supplemental hereto as shall be deemed necessary or desirable by the Authority for the purpose of modifying, altering, amending, adding to or rescinding, in any particular, any of the terms or provisions contained in this Agreement and any Supplemental Agreement; provided, however, that nothing in this Agreement shall permit, or be construed as permitting, (i) an extension of the time for payment of the principal of or the interest on any Bonds, (ii) a preference or priority of any Senior Bonds over any other Senior Bonds, (iii) a preference or priority of any Senior Subordinate Bonds over any other Senior Subordinate Bonds, (iv) a preference or priority of any Subordinate Bonds over any other Subordinate Bonds, (v) a reduction in the aggregate principal amount of Bonds required for consent to such Supplemental Agreement, (vi) a reduction in the principal amount of or premium, if any, on any Bonds or the rate of interest thereon, (vii) the creation of any lien or pledge upon the Authority Revenues and the moneys and securities in the funds and accounts hereunder other than the lien and pledge permitted by this Agreement or (viii) an extension of time or a reduction in amount of any payment required by any sinking fund that may be applicable to any Bonds, without the consent of the Holders so affected.

Supplemental Agreements Requiring Consent of Bondholders. (a) Exclusive of Supplemental Agreements authorized supplemental agreements covered by Section 9.01 12.01 and subject to the terms and provisions contained in this Section, and not otherwise, the Holders holders of not less than a majority in aggregate principal amount of Outstanding the Bonds outstanding shall have the right right, from time to time, notwithstanding anything in this Agreement to the contrary, to consent to and approve the execution by the Company, the Authority and the Trustee of such other Agreements agreement or agreements supplemental hereto as shall be deemed necessary or and desirable by the Authority Trustee for the purpose of modifying, altering, amending, adding to or rescinding, in any particular, any of the terms or provisions contained in this Agreement and or in any Supplemental Agreementagreement supplemental hereto; provided, however, that nothing in this Agreement Section contained shall permit, or be construed as permitting, permitting (i) without the consent of the holder of the affected Bond, an extension of the time for payment maturity of the principal of or the interest on any BondsBond issued hereunder, or a reduction in the principal amount of, or redemption premium on, any Bond or the rate or rates of interest thereon, (ii) a preference or priority without the consent of any Senior the holders of all Bonds over any other Senior Bondsoutstanding, (iii) a preference or priority of any Senior Subordinate Bonds over any other Senior Subordinate Bonds, (iv) a preference or priority of any Subordinate Bonds over any other Subordinate Bonds, (v) a reduction in the aggregate principal amount of the Bonds required for consent to such Supplemental Agreementsupplemental agreement, (viiii) a reduction in the principal amount of or premium, if any, on any Bonds or the rate of interest thereon, (vii) the creation of any lien or pledge upon the Authority Revenues and the moneys and securities in the funds and accounts hereunder other than the lien and pledge permitted by this Agreement or (viii) an extension of time or a reduction in amount of any payment required by any sinking fund that may be applicable to any Bonds, without the consent of the Holders so affectedholders of the affected Bonds, the creation of any priority or preference of one Bond over another; (iv) without the consent of the holder of the affected Bond, the making of any Bond redeemable other than in accordance with its terms, or (v) without the consent of the holders of all Bonds outstanding, a reduction in the percentage of the Bonds required to be represented by the holders of Bonds giving their consent to any amendment.

Supplemental Agreements Requiring Consent of Bondholders. (a) Exclusive of Supplemental Agreements authorized In addition to supplemental agreements permitted by Section 9.01 and subject to 1301, a Majority of the terms and provisions contained in this Section, the Holders of not less than a majority in aggregate principal amount of Outstanding Bonds Bondholders shall have the right right, from time to time, notwithstanding anything in this Agreement to the contrary, to consent to and approve the execution by to the Authority and the Trustee of such parties to this Agreement or any other Agreements Basic Agreement or other agreement or agreements supplemental hereto as shall be deemed necessary or desirable by the Authority thereto for the purpose of modifying, altering, amending, adding to or rescinding, in any particular, any of the terms or provisions contained in this Agreement and or such other Basic Agreement or in any Supplemental Agreementsupplemental agreement; provided, however, that nothing in this Agreement Section 1302 shall permit, or be construed as permitting, permit (i) an extension of the time for payment stated maturity of the principal of or the interest on any Bonds, Bond without the consent of the holder of such Bond; (ii) a preference or priority of any Senior Bonds over any other Senior Bonds, (iii) a preference or priority of any Senior Subordinate Bonds over any other Senior Subordinate Bonds, (iv) a preference or priority of any Subordinate Bonds over any other Subordinate Bonds, (v) a reduction in the aggregate principal amount of Bonds required for consent to such Supplemental Agreement, (vi) a reduction in the principal amount of or premiumany Bond, if any, on any Bonds or the rate of interest thereonthereon or the premium, (vii) the creation of any lien or pledge if applicable, to be paid upon the Authority Revenues and the moneys and securities in the funds and accounts hereunder other than the lien and pledge permitted by this Agreement or (viii) an extension of time or a reduction in amount of any payment required by any sinking fund that may be applicable redemption thereof prior to any Bonds, maturity without the consent of the Holders so affectedholder of such Bond; (iii) an extension of the date for making any scheduled mandatory redemption under Section 401(c) (iii) without the consent of all of the Bondholders; (iv) the establishment of a privilege or priority of any Bond or Bonds over any other Bond or Bonds without the consent of all the Bondholders; (v) a reduction in the percentage of the aggregate principal amount of Bonds the holders of which are required to consent to any such supplemental agreement without the consent of the holders of all the Bonds at the time outstanding which would be affected by the action to be taken; (vi) a release of collateral granted under this Agreement or such other Basic Agreement without the consent of all of the Bondholders, except as expressly provided herein or therein; or (vii) a modification of the rights, duties or immunities of the Issuer or the Trustee without the written consent of the affected party; and provided, further, that no consent of Bondholders shall be required as to any amendment of or waiver under any shall be required as to any amendment of or waiver under any provision of the Credit Enhancement Agreement for which consent of the Trustee is not required as provided in Section 16 thereof. If at an time the Issuer or the Borrower shall request the Trustee to enter into any supplemental agreement pursuant to this Section 1302, the Trustee shall, upon being satisfactorily indemnified with respect to expenses, cause notice of the proposed execution to be made in the manner required for redemption of principal of Bonds pursuant to Section 403; provided, however, that failure to give such notice, or any defect therein, shall not affect the validity of the proceedings. Such notice shall briefly set forth the nature of the proposed supplemental agreement and shall state that copies thereof are on file at the corporate trust office of the Trustee for inspection by all Bondholders. Except as otherwise provided in this Section 1302, if, within 60 days or such longer period (not to exceed two years) as shall be prescribed by the Issuer following the final mailing of such notice, not less than a Majority of the Bondholders at the time of the execution of any such supplemental agreement shall have consented to and approved the execution thereof, no holder of any Bond shall have any right to object to any of the terms and provisions contained therein, or the operation thereof, or in any manner to question the propriety of the execution thereof, or to enjoin or restrain the Trustee, the Issuer or the Borrower from executing the same or from taking any action pursuant to the provisions thereof. Upon the execution of any such supplemental agreement as in this Section permitted and provided, this Agreement or the applicable Basic Agreement shall be and be deemed to be modified and amended in accordance therewith.