Supplemental Indentures Not Requiring Consent of Bondholders. The Issuer and the Trustee may without the consent of, or notice to, any of the Bondholders, but with the consent of the Borrower, the Bond Insurer, the Bank, and the Liquidity Provider pursuant to Section 11.03 hereof, enter into an indenture or indentures supplemental to this Indenture for any one or more of the following purposes:
(i) to add to the covenants and agreements of, and limitations and restrictions upon, the Issuer in this Indenture, other covenants, agreements, limitations and restrictions to be observed by the Issuer which are not contrary to or inconsistent with this Indenture as theretofore in effect;
(ii) to grant to or confer or impose upon the Trustee for the benefit of the Bondholders any additional rights, remedies, powers, authority, security, liabilities or duties which may lawfully be granted, conferred or imposed and which are not contrary to or inconsistent with this Indenture as heretofore in effect;
(iii) to cure any ambiguity or omission or to cure, correct or supplement any defective provision of this Indenture in each case in such manner as shall not adversely affect the Bondholders;
(iv) to evidence the appointment of a separate trustee or a co-trustee or to evidence the succession of a new trustee or a new co-trustee hereunder;
(v) to comply with the requirements of the Trust Indenture Act of 1939, as from time to time amended, to the extent applicable;
(vi) to subject to this Indenture additional revenues, properties or collateral;
(vii) to provide for the issuance of coupon bonds (provided, however, that the Issuer and the Trustee have received an opinion of Bond Counsel to the effect that the issuance of such coupon bonds complies the Act and this Indenture and will not adversely affect the Tax-Exempt status of the Bonds);
(viii) to provide for the use of an uncertificated book entry system (provided, however, that the Issuer and the Trustee have received an opinion of Bond Counsel to the effect that the use of an uncertificated book entry system complies with the Act and this Indenture and will not adversely affect the Tax-Exempt status of the Bonds);
(ix) to modify, alter, amend or supplement the Indenture in any other respect, including any amendment described in Section 11.02, if the effective date of such supplement or amendment is a date on which all the Bonds affected thereby are subject to mandatory purchase or if notice by mail of the proposed amendment or supplement is given to the Owners of the affected Bond...
Supplemental Indentures Not Requiring Consent of Bondholders. The Issuer and the Trustee may without the consent of, or notice to, any of the Bondholders, enter into an indenture or indentures supplemental to this Indenture, as shall not be inconsistent with the terms and provisions hereof, for any one or more of the following purposes:
(a) To cure any ambiguity or formal defect or omission in this Indenture; or
(b) To grant to or confer upon the Trustee for the benefit of the Bondholders any additional rights, remedies, powers or authority that may lawfully be granted to or conferred upon the Bondholders or the Trustee or any of them; or
(c) To subject to this Indenture additional security, revenues, properties or collateral; or
(d) To make any other change in this Indenture which, in the judgment of the Issuer, in its sole discretion, is not to the material prejudice of the Company or the holders of the Bonds; or
(e) To modify, amend or supplement the Indenture in such manner as required to permit the qualification thereof under the Trust Indenture Act of 1939, as amended, or any similar Federal statute hereafter in effect, and, if they so determine, to add to the Indenture such other terms, conditions and provisions as may be required by said Trust Indenture Act of 1939, as amended, or similar federal statute; or
(f) To issue Additional Bonds in accordance with the provisions of Section 2.8 hereof.
Supplemental Indentures Not Requiring Consent of Bondholders. With the consent of the WLCDC, the Issuer and the Trustee may, without the consent of, or notice to, any of the Bondholders, enter into an indenture or indentures supplemental to this Indenture, as shall not be inconsistent with the terms and provisions hereof, for any one or more of the following purposes:
(a) To cure any ambiguity or formal defect or omission in this Indenture;
(b) To grant to or confer upon the Trustee for the benefit of the Bondholders any additional rights, remedies, powers or authority that may lawfully be granted to or conferred upon the Bondholders or the Trustee or any of them;
(c) To subject to this Indenture additional security, revenues, properties or collateral;
(d) To make any other change in this Indenture which, in the judgment of the Requisite Bondholders, is not to the material prejudice of the Trustee, the WLCDC, the Issuer or the Bondholders of the Bonds; or
(e) To modify, amend or supplement the Indenture in such manner as required to permit the qualification thereof under the Trust Indenture Act of 1939, as amended, or any similar Federal statute hereafter in effect, and, if they so determine, to add to the Indenture such other terms, conditions and provisions as may be required by said Trust Indenture Act of 1939, as amended, or similar federal statute.
Supplemental Indentures Not Requiring Consent of Bondholders. (a) Without the consent of or notice to any of the Bondholders, the Issuer and the Trustee may, with the consent of the Company, enter into one or more Supplemental Indentures, for any one or more of the following purposes:
(i) To cure any ambiguity, inconsistency or omission in this Indenture or to cure, correct or supplement any defective provision of this Indenture in such manner as shall not impair the security hereof or adversely affect the Bondholders;
(ii) To grant to or confer upon the Trustee for the benefit of the Bondholders any additional rights, remedies, powers or authority that may lawfully be granted to or conferred upon the Bondholders or the Trustee;
(iii) To add to the covenants and agreements of the Issuer in this Indenture other covenants and agreements to be observed by the Issuer;
(iv) To more precisely identify the Trust Estate;
(v) To subject to the Lien of this Indenture additional Property;
(vi) To evidence the appointment of a separate Trustee or a Co-Trustee or the succession of a new Trustee hereunder; or
(vii) To effect any other change herein which, in the judgment of the Trustee, is not to the prejudice of the Trustee or the Owners of Bonds.
(b) The Trustee may rely upon an opinion of Independent Counsel as conclusive evidence that any such Supplemental Indenture complies with the foregoing conditions and provisions.
Supplemental Indentures Not Requiring Consent of Bondholders. The Issuer and the Trustee may, without the consent of, or notice to, any of the Bondholders, enter into such indenture or indentures supplemental to this Indenture as shall not be inconsistent with the terms and provisions hereof for any one or more of the following purposes:
Supplemental Indentures Not Requiring Consent of Bondholders. The Issuer and the Trustee may, without consent of, or notice to, any of the Bondholders enter into an indenture or indentures supplemental to this Indenture for any one or more of the following purposes:
(a) To cure any ambiguity or formal defect or omission in this Indenture;
(b) To grant to or confer upon the Trustee for the benefit of the Bondholders any additional rights, remedies, powers or authority that may lawfully be granted to or conferred upon the Bondholders or the Trustee;
(c) To evidence the appointment of a separate trustee or a co-trustee or the succession of a new Trustee hereunder;
(d) To provide for an uncertificated book-entry system of registration for the Bonds;
(e) [Reserved];
(f) To implement the Fixed Interest Rate or to evidence or give effect to the delivery of an Alternate Letter of Credit;
(g) To provide for the issuance of Additional Bonds;
(h) To obtain or maintain an appropriate rating or ratings on the Bonds; and
(i) To make any other change which in the judgment of the Issuer and the Trustee is not materially prejudicial to the Bondholders.
Supplemental Indentures Not Requiring Consent of Bondholders. (A) The Issuer and the Trustee, without the consent of, or notice to, any of the Bondholders, may enter into an indenture or indentures supplemental to the Indenture and not inconsistent with the terms and provisions hereof or materially adverse to the holders of the Bonds or to the Bank for any one or more of the following purposes:
(1) to cure any ambiguity or formal defect or omission in the Indenture;
(2) to grant to or confer upon the Trustee for the benefit of the Bondholders any additional rights, remedies, powers or authority that may lawfully be granted to or conferred upon the Bondholders or the Trustee or either of them;
(3) to subject additional rights and revenues to the Lien of this Indenture, or to identify more precisely the Trust Estate;
(4) to obtain or maintain a rating on the Bonds from Xxxxx'x or Standard & Poor's; or
(5) to modify, amend or supplement the Indenture or any indenture supplemental hereto in such manner as to permit the qualification hereof and thereof under the Trust Indenture Act of 1939 or any similar Federal statute hereafter in effect or under any state Blue Sky Law.
(B) The Issuer and the Trustee may rely on an opinion of Independent Counsel as conclusive evidence that the execution and delivery of any amendment or supplemental indenture has been effected in compliance with this Section 801.
Supplemental Indentures Not Requiring Consent of Bondholders. The Issuer and the Trustee may without the consent of, or notice to, any of the Bondholders, but only with the consent of the Letter of Credit Bank, enter into indentures supplemental to this Indenture and financing statements or other instruments evidencing the existence of a lien and/or security interests and amendments to the Letter of Credit as shall not, in the opinion of the Issuer and the Trustee, be inconsistent with the terms and provisions hereof for any one or more of the following purposes:
(a) To cure any ambiguity, inconsistency or formal defect or omission in this Indenture or the Letter of Credit;
(b) To grant to or confer upon the Trustee for the benefit of the Bondholders any additional rights, remedies, powers, or authority that may lawfully be granted to or conferred upon the Bondholders or the Trustee;
(c) To subject additional revenues, additional notes or interests in real estate to the liens and pledge of the Indenture;
(d) To add to the covenants and agreements of the Issuer contained in the Indenture other covenants and agreements thereafter to be observed for the protection of the Bondholders, or to surrender or limit any right, power or authority reserved to or conferred upon the Issuer in the Indenture, including the limitation of rights of redemption so that in certain instances Bonds of different series will be redeemed in some prescribed relationship to one another;
(e) To evidence any succession to the Issuer and the assumption by such successor of the covenants and agreements of the Issuer contained in the Indenture, the Agreement and the Bonds or of the Letter of Credit Bank contained in the Letter of Credit;
(f) To modify, amend or supplement the Indenture in such manner as to permit the qualification thereof under the Trust Indenture Act of 1939, as amended, or to comply with any similar requirements of any other law;
(g) In connection with the issuance of Additional Bonds in accordance with Section 2.08 hereof and Section 8 of the Bond Legislation for the Project Bonds; and
(h) Any other change not to the detriment of the holders of the Bonds. The Trustee may also accept, without the consent of or notice to any of the Bondholders, an Alternate Letter of Credit or any amendments to the Letter of Credit necessary to continue the effectiveness of the letter of Credit as originally intended or which in the judgment of the Trustee are not to the prejudice of the Bondholders.
Supplemental Indentures Not Requiring Consent of Bondholders. 45 Section 9.2. Supplemental Indentures Requiring Consent of Bondholders 45 Section 9.3. Legal Opinion 46 Section 9.4. Supplemental Indenture Effectiveness Upon Trustee 46 ARTICLE X. AMENDMENTS TO THE FINANCING AGREEMENT 47
Supplemental Indentures Not Requiring Consent of Bondholders. (A) The Issuer and the Trustee, without the consent of, or notice to, any of the Bondholders, may enter into an indenture or indentures supplemental to this Indenture and not inconsistent with the terms and provisions hereof or, in the sole judgment of the Trustee, materially adverse to the interests of the Holders of the Bonds or to the Bank, for any one or more of the following purposes:
(1) to cure any ambiguity or formal defect or omission in this Indenture;
(2) to grant to or confer upon the Trustee for the benefit of the Bondholders any additional rights, remedies, powers or authority that may lawfully be granted to or conferred upon the Bondholders or the Trustee or any of them;
(3) to subject additional rights and revenues to the Lien of this Indenture, or to identify more precisely the Trust Estate;
(4) to obtain or maintain a rating on the Bonds from Moody's or Standard & Poor's;
(5) to comply with the provisions of the Code necessary to maintain the exclusion of interest on the Bonds from gross income for federal income tax purposes;
(6) to modify, amend or supplement this Indenture or any indenture supplemental hereto in such manner as to permit the qualification hereof and thereof under the Trust Indenture Act of 1939 or any similar Federal statute hereafter in effect or under any state Blue Sky Law;
(7) to enable the issuance of Additional Bonds; or
(8) for any other purpose not materially adverse to the interests of the Holders of the Bonds.
(B) The Issuer and the Trustee may rely on an opinion of Independent Counsel as conclusive evidence that the execution and delivery of any amendment or supplemental indenture has been effected in compliance with this Section 801.
