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 Bonds at least 30 days before the effective date thereof, and, on or before such effective date, such Owners have the right to require purchase of their Bonds (provided, however, that the Issuer and the Trustee have received an opinion of Bond Counsel to the effect that any such amendment complies with the Act and this Indenture and will not adversely affect the Tax-Exempt status of the Bonds); (x) to authorize different Authorized Denominations of the Bonds and to make correlative amendments and modifications to this Indenture regarding exchangeability of Bonds of different Authorized Denominations, redemptions of portions of Bonds of particular Authorized Denominations and similar amendments and modifications of a technical nature; (xi) to modify, delete or supplement any provision, term or requirement relating to Bonds that may bear interest at Flexible Rates to the extent deemed necessary or desirable further to protect or assure the Tax-Exempt status of the Bonds; provided, however, that the effective date of any such modification, deletion or supplementation with respect to any Bond shall be no earlier than the day succeeding the last day of any then current Flexible Segment with respect to such Bond; (xii) to preserve the Tax-Exempt status of the Bonds; or (xiii) to modify, alter, amend or supplement this Indenture in any other respect which is not adverse to the Bondholders and which does not involve a change described in clause (a), (b), (c), (d) or (e) of Section 11.02 hereof.
Appears in 2 contracts
Samples: Indenture of Trust (Southwest Gas Corp), Indenture of Trust (Southwest Gas Corp)
Supplemental Indentures Not Requiring Consent of Bondholders. The Issuer and the Trustee may 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 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:
(ia) to add set forth any or all of the matters in connection with the issuance of Additional Bonds as provided in Section 2.10 hereof;
(b) to the covenants and agreements ofcure any ambiguity, and limitations and restrictions upon, the Issuer defect or omission in this Indenture, other covenantsor to otherwise amend this Indenture, agreements, limitations and restrictions to be observed by in such manner as shall not in the Issuer which are not contrary to opinion of the Trustee impair the security hereof or inconsistent with this Indenture as theretofore in effectadversely affect the Bondholders;
(iic) to grant to or confer or impose upon the Trustee for the benefit of the Bondholders any additional rights, remedies, powers, authority, security, liabilities powers or duties which authorities that may lawfully be granted, granted or conferred upon the Bondholders or imposed and which are not contrary to or inconsistent with this Indenture as heretofore in effectthe Trustee;
(iiid) to cure any ambiguity or omission add additional covenants of the Issuer, or to cure, correct surrender any right or supplement any defective provision of this Indenture in each case in such manner as shall not adversely affect power herein conferred upon the BondholdersIssuer;
(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;
(vie) 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);
(ixf) 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 Bonds at least 30 days before the effective date thereof, and, on or before such effective date, such Owners have the right to require purchase of their Bonds (provided, however, that the Issuer and the Trustee have received an opinion of Bond Counsel to the effect that any such amendment complies with the Act and this Indenture and will not adversely affect the Tax-Exempt status of the Bonds);
(x) to authorize different Authorized Denominations of the Bonds and to make correlative amendments and modifications to this Indenture regarding exchangeability of Bonds of different Authorized Denominations, redemptions of portions of Bonds of particular Authorized Denominations and similar amendments and modifications of a technical nature;
(xi) to modify, delete or supplement any provision, term or requirement relating to Bonds that may bear interest at Flexible Rates to the extent deemed necessary or desirable further to protect or assure the Tax-Exempt status of the Bonds; provided, however, that the effective date of any such modification, deletion or supplementation with respect to any Bond shall be no earlier than the day succeeding the last day of any then current Flexible Segment with respect to such Bond;
(xii) to preserve the Tax-Exempt status of the Bonds; or
(xiii) to modify, alter, 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 to permit the qualification of the Bonds for sale under the securities laws of any of the states of the United States of America, and, if they so determine, to add to this Indenture or any indenture supplemental hereto such other respect which is not adverse terms, conditions and provisions as may be permitted by said Trust Indenture Act of 1939 or similar federal statute;
(g) to provide different authorized denominations for the Bonds;
(h) to provide for an uncertificated registration system for the Bonds;
(i) to evidence the succession of a new Trustee hereunder; and
(j) to make such changes as may be necessary to comply with the provisions of the 1954 Code or the Code relating to the Bondholders and which does not involve a change described in clause (a), (b), (c), (d) exclusion of interest on the Bonds from gross income thereunder or (e) to the deductibility by the Company of Section 11.02 hereofinterest payments.
Appears in 2 contracts
Samples: Trust Indenture (Entergy Arkansas Inc), Trust Indenture (Entergy Arkansas Inc)
Supplemental Indentures Not Requiring Consent of Bondholders. The Issuer and the Trustee may from time to time and at any time, without the consent of, or notice to, any of the Bondholders, but with the prior written consent of the Borrower, the Bond Insurer, the Bank, and the Liquidity Provider pursuant to Section 11.03 hereofCredit Facility Provider, enter into an indenture or indentures supplemental to this Indenture for any one or more of the following purposes:
(ia) to add cure any formal defect, omission, inconsistency or ambiguity herein in a manner not materially adverse to the covenants and agreements of, and limitations and restrictions upon, the Issuer in this Indenture, other covenants, agreements, limitations and restrictions Holder of any Bond to be observed by Outstanding after the Issuer which effective date of the change;
(b) to grant to or confer upon the Trustee for the benefit of the Holders of the Bonds any additional rights, remedies, powers or authority that may lawfully be granted or conferred and that are not contrary to or inconsistent with this Indenture or the rights of the Trustee hereunder 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;
(vic) to subject to the lien and pledge of this Indenture additional revenues, properties or collateral;
(viid) to provide 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, as amended, or any similar federal statute hereafter in effect or to permit the qualification of the Bonds for sale under any state blue sky laws;
(e) to make such additions, deletions or modifications as may be, in the issuance of coupon bonds (provided, however, that the Issuer and the Trustee have received an opinion of Bond Counsel delivered to the effect that Issuer, the issuance Trustee and the Credit Facility Provider, necessary to maintain the exclusion from gross income for federal income tax purposes of such coupon bonds complies interest on the Act and Bonds;
(f) to modify, amend or supplement this Indenture and as required by the Rating Agency to obtain or maintain a rating or ratings for the Bonds, except no change may be made that will not materially adversely affect the Tax-Exempt status interests of the Holders of the Bonds to be Outstanding after the effective date of the change;
(g) during a Variable Period, to modify, amend or supplement this Indenture in any other respect, including amendments which would otherwise be described in Section 8.02 hereof,
(i) if notice of the proposed supplemental indenture is given to Bondholders (in the same manner as notices of redemption are given) at least twenty (20) days before the effective date thereof and, on or before such effective date, the Bondholders have the right to demand purchase of their Bonds pursuant to Section 10.01 hereof or (ii) if such amendments will take effect on a mandatory tender date following the purchase of all 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);
(ixh) to modify, alter, amend or supplement the this 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 Bonds at least 30 days before the effective date thereof, and, on or before such effective date, such Owners have the right to require purchase of their Bonds (provided, however, that the Issuer and the Trustee have received an opinion of Bond Counsel to the effect that any such amendment complies connection with the Act and this Indenture and will not adversely affect delivery of any Alternate Credit Facility or upon the Tax-Exempt status occurrence of the Bonds)any Reset Adjustment Date, Variable Rate Adjustment Date or Fixed Rate Adjustment Date;
(xi) to authorize different Authorized Denominations of the Bonds and to make correlative amendments and modifications to this Indenture regarding exchangeability of Bonds of different Authorized Denominations, redemptions of portions of Bonds of particular Authorized Denominations and similar amendments and modifications of a technical nature;implement or modify any secondary market disclosure requirements; and
(xij) to modify, delete or supplement any provision, term or requirement relating to Bonds that may bear interest at Flexible Rates to the extent deemed necessary or desirable further to protect or assure the Tax-Exempt status of the Bonds; provided, however, that the effective date of any such modification, deletion or supplementation with respect to any Bond shall be no earlier than the day succeeding the last day of any then current Flexible Segment with respect to such Bond;
(xii) to preserve the Tax-Exempt status of the Bonds; or
(xiii) to modify, alter, amend or supplement this Indenture in any other respect which is not materially adverse to the Bondholders Holders of the Bonds to be Outstanding after the effective date of the change and which does not involve a change described in clause (a), (b), (c), (d) or (e) of Section 11.02 hereof8.02.
Appears in 1 contract
Samples: Trust Indenture
Supplemental Indentures Not Requiring Consent of Bondholders. The Issuer and the Trustee may from time to time and at any time, without the consent of, or notice to, any of the Bondholders, but with the prior written consent of the Borrower, the Bond Insurer, the Bank, Credit Facility Provider and the Liquidity Provider pursuant to Section 11.03 hereofConstruction Lender, enter into an indenture or indentures supplemental to this Indenture for any one or more of the following purposes:
(ia) to add cure any formal defect, omission, inconsistency or ambiguity herein in a manner not materially adverse to the covenants and agreements of, and limitations and restrictions upon, the Issuer in this Indenture, other covenants, agreements, limitations and restrictions Holder of any Bond to be observed by Outstanding after the Issuer which effective date of the change;
(b) to grant to or confer upon the Trustee for the benefit of the Holders of the Bonds any additional rights, remedies, powers or authority that may lawfully be granted or conferred and that are not contrary to or inconsistent with this Indenture or the rights of the Trustee hereunder 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;
(vic) to subject to the lien and pledge of this Indenture additional revenues, properties or collateral;
(viid) to provide 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, as amended, or any similar federal statute hereafter in effect or to permit the qualification of the Bonds for sale under any state blue sky laws;
(e) to make such additions, deletions or modifications as may be, in the issuance of coupon bonds (provided, however, that the Issuer and the Trustee have received an opinion of Bond Counsel delivered to the effect that Issuer, the issuance Trustee and the Credit Facility Provider, necessary to maintain the exclusion from gross income for federal income tax purposes of such coupon bonds complies the Act and this Indenture and will not adversely affect the Tax-Exempt status of interest on 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);
(ixf) to modify, alter, amend or supplement this Indenture as required by the Indenture in any other respectRating Agency to obtain or maintain a rating or ratings for the Bonds, including any amendment described in Section 11.02, if except no change may be made that will materially adversely affect the interests of the Holders of the Bonds to be Outstanding after 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 Bonds at least 30 days before the effective date thereof, and, on or before such effective date, such Owners have the right to require purchase of their Bonds (provided, however, that the Issuer and the Trustee have received an opinion of Bond Counsel to the effect that any such amendment complies with the Act and this Indenture and will not adversely affect the Tax-Exempt status of the Bonds)change;
(xg) to authorize different Authorized Denominations of the Bonds and to make correlative amendments and modifications to this Indenture regarding exchangeability of Bonds of different Authorized Denominations, redemptions of portions of Bonds of particular Authorized Denominations and similar amendments and modifications of a technical nature[Intentionally Omitted];
(xih) [Intentionally Omitted];
(i) to implement or modify any secondary market disclosure requirements; and
(j) to modify, delete or supplement any provision, term or requirement relating to Bonds that may bear interest at Flexible Rates to the extent deemed necessary or desirable further to protect or assure the Tax-Exempt status of the Bonds; provided, however, that the effective date of any such modification, deletion or supplementation with respect to any Bond shall be no earlier than the day succeeding the last day of any then current Flexible Segment with respect to such Bond;
(xii) to preserve the Tax-Exempt status of the Bonds; or
(xiii) to modify, alter, amend or supplement this Indenture in any other respect which is not materially adverse to the Bondholders Holders of the Bonds to be Outstanding after the effective date of the change and which does not involve a change described in clause (a), (b), (c), (d) or (e) of Section 11.02 8.02 hereof.
Appears in 1 contract
Samples: Trust Indenture
Supplemental Indentures Not Requiring Consent of Bondholders. The Except as hereinafter set forth, 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 hereofbondholders, enter into an indenture or indentures supplemental to this Indenture for any one or more of the following purposes, provided that in the opinion of Independent Counsel the change effected thereby is not to the prejudice of the interests of the Trustee or the bondholders:
(ia) to add to the covenants and agreements of, and limitations and restrictions upon, the Issuer cure any ambiguity or formal defect or omission 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;
(iib) to grant to or confer or impose upon the Trustee for the benefit of the Bondholders bondholders any additional rights, remedies, powers, authority, security, liabilities power or duties which authorities that may lawfully be granted, conferred or imposed and which are not contrary granted to or inconsistent with this Indenture as heretofore in effectconferred upon the bondholders or the Trustee or either of them;
(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;
(vic) to subject to the pledge of this Indenture additional revenues, properties or collateral;
(viid) to provide 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, as amended, or any similar Federal statute hereafter in effect or to permit the qualification of the Bonds for sale under the issuance securities laws of coupon bonds any of the states of the United States of America, and, if they so determine, to add hereto or to any indenture supplemental hereto such other terms, conditions and provisions as may be permitted by said Trust Indenture Act of 1939 or similar Federal statute;
(e) to evidence the appointment of a separate Trustee or Co-Trustee or the succession of a new Trustee or Paying Agent hereunder;
(f) to add to, delete or modify any provision required by Moodx'x xx S&P in order to assign a rating to the Bonds by either such agency; or
(g) to change the method for determining the Interest Index or the Alternate Interest Index or to eliminate such indices or to implement the Fixed Interest Rate; provided, however, that the Issuer and no such supplemental indenture shall be entered into in connection with this clause (g) unless the Trustee shall have received an opinion of Bond Independent Tax Counsel to the effect that the issuance execution of such coupon bonds complies the Act and this Indenture and supplemental indenture will not adversely affect the Tax-Exempt status exemption 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 interest 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 Bonds at least 30 days before the effective date thereof, and, on or before such effective date, such Owners have the right to require purchase of their Bonds (provided, however, that the Issuer and the Trustee have received an opinion of Bond Counsel to the effect that any such amendment complies with the Act and this Indenture and will not adversely affect the Tax-Exempt status of the Bonds);
(x) to authorize different Authorized Denominations of the Bonds and to make correlative amendments and modifications to this Indenture regarding exchangeability of Bonds of different Authorized Denominations, redemptions of portions of Bonds of particular Authorized Denominations and similar amendments and modifications of a technical nature;
(xi) to modify, delete or supplement any provision, term or requirement relating to Bonds that may bear interest at Flexible Rates to the extent deemed necessary or desirable further to protect or assure the Tax-Exempt status of the Bonds; provided, however, that the effective date of any such modification, deletion or supplementation with respect to any Bond shall be no earlier than the day succeeding the last day of any then current Flexible Segment with respect to such Bond;
(xii) to preserve the Tax-Exempt status of the Bonds; or
(xiii) to modify, alter, amend or supplement this Indenture in any other respect which is not adverse to the Bondholders and which does not involve a change described in clause (a), (b), (c), (d) or (e) of Section 11.02 hereoffrom Federal income taxation.
Appears in 1 contract
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 Indenture, as shall not be inconsistent with the terms and provisions hereof, for any one or more of the following purposes:
(ia) to add to the covenants and agreements of, and limitations and restrictions upon, the Issuer To cure any ambiguity or formal defect or omission 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;
(iib) to To grant to or confer or impose upon the Trustee for the benefit of the Bondholders any additional rights, remedies, powers, authority, security, liabilities powers or duties which authority that may lawfully be granted, conferred or imposed and which are not contrary granted to or inconsistent with this Indenture as heretofore in effectconferred upon the Bondholders or the Trustee or any of them;
(iiic) 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 To subject to this Indenture additional revenues, properties or collateral;
(viid) To make any other change in this Indenture which, in the judgment of the Trustee, is not to provide for the issuance prejudice of coupon bonds the Trustee, the Issuer, the Public Library or the holders of the Bonds;
(providede) To modify, howeveramend or supplement the Indenture in such manner as required to permit the qualification thereof under the Trust Indenture Act of 1939, that 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;
(f) To issue Additional Bonds in accordance with the provisions of Section 2.9 hereof;
(g) To achieve compliance by this Indenture with any applicable federal securities or tax law; and
(h) To make amendments to the provisions of this Indenture relating to arbitrage matters under Section 148 of the Code, if the Issuer and shall provide the Trustee have received with an opinion Opinion of Bond Counsel to the effect that such amendments would not cause the issuance of such coupon bonds complies the Act and this Indenture and will not adversely affect the Tax-Exempt status interest on any Bonds (excluding Bonds issued pursuant to Section 6.10(c) hereof) to be included in gross income 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 Bonds at least 30 days before the effective date thereof, and, on or before such effective date, such Owners have the right to require purchase of their Bonds (provided, however, that the Issuer and the Trustee have received an opinion of Bond Counsel to the effect that any such amendment complies with the Act and this Indenture and will not adversely affect the Tax-Exempt status of the Bonds);
(x) to authorize different Authorized Denominations holders of the Bonds and to make correlative amendments and modifications to this Indenture regarding exchangeability of Bonds of different Authorized Denominations, redemptions of portions of Bonds of particular Authorized Denominations and similar amendments and modifications of a technical nature;
(xi) to modify, delete or supplement any provision, term or requirement relating to Bonds that may bear interest at Flexible Rates to the extent deemed necessary or desirable further to protect or assure the Tax-Exempt status of the Bonds; provided, however, that the effective date of any such modification, deletion or supplementation with respect to any Bond shall be no earlier than the day succeeding the last day of any then current Flexible Segment with respect to such Bond;
(xii) to preserve the Tax-Exempt status of the Bonds; or
(xiii) to modify, alter, amend or supplement this Indenture in any other respect which is not adverse to the Bondholders and which does not involve a change described in clause (a), (b), (c), (d) or (e) of Section 11.02 hereoffor federal income tax purposes.
Appears in 1 contract
Samples: Trust Indenture
Supplemental Indentures Not Requiring Consent of Bondholders. The Issuer and the Trustee may may, in their sole discretion, 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 hereto which shall not be inconsistent with the terms and provisions hereof for any one or more of the following purposes, provided that in the opinion of Independent Counsel the change effected thereby is not to the prejudice of the interests of the Trustee or the Bondholders:
(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;
(iia) to grant to or confer or impose upon the Trustee for the benefit of the Bondholders any additional rights, remedies, powers, authority, security, liabilities powers or duties which authorities that may lawfully be granted, conferred or imposed and which are not contrary granted to or inconsistent with this Indenture as heretofore in effectconferred upon the Bondholders or the Trustee or either of them;
(iiib) to cure any ambiguity subject to the lien and pledge hereof additional payments, revenues, properties or omission or collateral;
(c) to curemodify, correct amend or supplement any defective provision of this Indenture in each case or any indenture supplemental hereto in such manner as shall not adversely affect to permit the Bondholdersqualification hereof and thereof under the Trust Indenture Act of 1939, as amended, or any similar Federal statute hereafter in effect or to permit the qualification of the Bonds for sale under the Securities laws of any of the states of the United States of America, and, if they so determine, to add hereto or to any indenture supplemental hereto such other terms, conditions and provisions as may be permitted by said Trust Indenture Act of 1939 or similar Federal statute;
(ivd) to evidence the appointment of a separate trustee Trustee or a coCo-trustee Trustee or to evidence the succession of a new trustee or a new co-trustee Trustee hereunder;
(ve) to preserve the federal tax-exempt status of interest on the Tax-Exempt Bonds;
(f) to comply with the requirements Securities Acts of 1933 or 1934; or
(g) to offer the beneficial owners of the Trust Indenture Act Series 2017 Bonds, the option 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 receiving any of the Bonds);
(viii) Series 2017 Bonds in certificated form; or to provide for require the use execution and delivery 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 certificated Series 2017 Bonds representing a portion or all of the Bonds);
(ix) to modify, alter, amend or supplement the Indenture in any other respect, including any amendment described Series 2017 Bonds as provided 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 Bonds at least 30 days before the effective date thereof, and, on or before such effective date, such Owners 2.12(j) hereof. The Trustee shall have the right to require purchase of their Bonds (provided, however, that the Issuer reimbursement for fees and the Trustee have received an opinion of Bond Counsel to the effect that expenses incurred in connection with any such amendment complies with the Act and this Indenture and will not adversely affect the Tax-Exempt status of the Bonds);
(x) to authorize different Authorized Denominations of the Bonds and to make correlative amendments and modifications to this Indenture regarding exchangeability of Bonds of different Authorized Denominations, redemptions of portions of Bonds of particular Authorized Denominations and similar amendments and modifications of a technical nature;
(xi) to modify, delete or supplement any provision, term or requirement relating to Bonds that may bear interest at Flexible Rates to the extent deemed necessary or desirable further to protect or assure the Tax-Exempt status of the Bonds; provided, however, that the effective date of any such modification, deletion or supplementation with respect to any Bond shall be no earlier than the day succeeding the last day of any then current Flexible Segment with respect to such Bond;
(xii) to preserve the Tax-Exempt status of the Bonds; or
(xiii) to modify, alter, amend or supplement this Indenture in any other respect which is not adverse to the Bondholders and which does not involve a change described in clause (a), (b), (c), (d) or (e) of Section 11.02 hereofamendment.
Appears in 1 contract
Samples: Trust Indenture
Supplemental Indentures Not Requiring Consent of Bondholders. The Issuer County and the Trustee may with the prior consent of the Company and with an opinion of Bond Counsel to the effect that such action will not impair the exclusion of the interest on the Bonds from gross income for purposes of federal income taxation, but 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 hereofbondholders, 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:
(ia) to add to the covenants and agreements ofcure any ambiguity, and limitations and restrictions upon, the Issuer defect or omission in this Indenture, other covenantsor to otherwise amend this Indenture, agreements, limitations and restrictions to be observed by in such manner as shall not in the Issuer which are not contrary to opinion of the Trustee impair the security hereof or inconsistent with this Indenture as theretofore in effectadversely affect the bondholders;
(iib) to grant to or confer or impose upon the Trustee for the benefit of the Bondholders bondholders any additional rights, remedies, powers, authority, security, liabilities powers or duties which authorities that may lawfully be granted, conferred or imposed and which are not contrary granted to or inconsistent with this Indenture as heretofore in effectconferred upon the bondholders or the Trustee;
(iiic) to cure any ambiguity or omission add additional covenants of the County, or to cure, correct surrender any right or supplement any defective provision of this Indenture in each case in such manner as shall not adversely affect power herein conferred upon the BondholdersCounty;
(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;
(vid) to subject to this Indenture additional revenues, properties or collateral;; and
(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);
(ixe) 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 Bonds at least 30 days before the effective date thereof, and, on or before such effective date, such Owners have the right to require purchase of their Bonds (provided, however, that the Issuer and the Trustee have received an opinion of Bond Counsel to the effect that any such amendment complies with the Act and this Indenture and will not adversely affect the Tax-Exempt status of the Bonds);
(x) to authorize different Authorized Denominations of the Bonds and to make correlative amendments and modifications to this Indenture regarding exchangeability of Bonds of different Authorized Denominations, redemptions of portions of Bonds of particular Authorized Denominations and similar amendments and modifications of a technical nature;
(xi) to modify, delete or supplement any provision, term or requirement relating to Bonds that may bear interest at Flexible Rates to the extent deemed necessary or desirable further to protect or assure the Tax-Exempt status of the Bonds; provided, however, that the effective date of any such modification, deletion or supplementation with respect to any Bond shall be no earlier than the day succeeding the last day of any then current Flexible Segment with respect to such Bond;
(xii) to preserve the Tax-Exempt status of the Bonds; or
(xiii) to modify, alter, 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 to permit the qualification of the Bonds for sale under the securities laws of any of the states of the United States, and, if they so determine, to add to this Indenture or any indenture supplemental hereto such other respect which is not adverse to the Bondholders terms, conditions and which does not involve a change described in clause (a), (b), (c), (d) provisions as may be permitted by said Trust Indenture Act of 1939 or (e) of Section 11.02 hereofsimilar federal statute.
Appears in 1 contract
Supplemental Indentures Not Requiring Consent of Bondholders. The Issuer and the Trustee may may, without the consent of, or notice to, 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 as shall not be materially adverse to outstanding Bondholders with the terms and provisions hereof for any one or more of the following purposes:
(iA) to add to the covenants and agreements of, and limitations and restrictions upon, the Issuer To cure any ambiguity or formal defect or omission in this Indenture, other covenants, agreements, limitations Indenture or to insert provisions which clarify matters or questions arising under this Indenture as are necessary or desirable and restrictions to be observed by the Issuer which are not contrary to or inconsistent with this Indenture Indenture, not to the material prejudice of the Holders of any Series of Bonds without the consent of the Holders of at least a majority of the Bond Obligation of such Series (the Trustee may rely conclusively on opinions of counsel as theretofore in effectto such modifications);
(iiB) to To grant to or confer or impose upon the Trustee for the benefit of the Bondholders any additional benefits, rights, remedies, powers, authority, security, liabilities powers or duties which authorities that may lawfully be granted, granted to or conferred upon the Bondholders or imposed and the Trustee including without limitation those that may be granted to or conferred upon the Holders of Bonds which are not contrary Taxable Bonds or the Trustee as a result of changes to Section 143 of the Code and the Treasury regulations promulgated thereunder (including but not limited to rebate requirements), or inconsistent with this Indenture to make any change which, in the judgment of the Issuer, is not to the material prejudice of the Bondholders (the Trustee may rely conclusively on opinions of counsel as heretofore in effectto such modifications);
(iiiC) 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 To subject to this Indenture additional revenues, properties or collateral;
(viiD) 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 To modify, alter, amend or supplement this Indenture or any supplemental indenture 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 any other respect, including any amendment described in Section 11.02, if effect or to permit the effective date qualification 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 for sale under the securities law of any of the proposed amendment or supplement is given to the Owners states of the affected Bonds at least 30 days before the effective date thereofUnited States of America, and, on or before such effective dateif they so determine, such Owners have the right to require purchase of their Bonds (provided, however, that the Issuer and the Trustee have received an opinion of Bond Counsel add to the effect that any such amendment complies with the Act and this Indenture or any indenture supplemental hereto such other terms, conditions and will not adversely affect provisions as may be permitted by the Tax-Exempt status Trust Indenture Act of the Bonds)1939 or similar federal statute;
(xE) to authorize different Authorized Denominations of To evidence the Bonds and to make correlative amendments and modifications to this Indenture regarding exchangeability of Bonds of different Authorized Denominations, redemptions of portions of Bonds of particular Authorized Denominations and similar amendments and modifications appointment of a technical natureseparate Trustee or Co-Trustee or the succession of a new Trustee or Paying Agent hereunder;
(xiF) To make any modification required in order to modify, delete or supplement any provision, term or requirement relating to Bonds that may bear interest at Flexible Rates to maintain the extent deemed necessary or desirable further to protect or assure rating on the Tax-Exempt status of the Outstanding Bonds; provided, however, that the effective date of any such modification, deletion or supplementation with respect to any Bond shall be no earlier than the day succeeding the last day of any then current Flexible Segment with respect to such Bond;
(xiiG) to To preserve the Tax-Exempt status exclusion of interest on the Bonds which are not Taxable Bonds from the gross income of the BondsOwners thereof for federal income tax purposes;
(H) To add to the covenants and agreements of the Issuer in this Indenture other covenants and agreements thereafter to be observed by the Issuer, or to surrender any right or power herein reserved to or conferred upon the Issuer;
(I) To execute a supplemental indenture approving the issuance of Additional Bonds pursuant to Section 2.13 or Section 2.14 hereof;
(J) To set forth what information relating to the Bonds the Trustee is authorized to disseminate to the Bondholders and the investment community; or
(xiiiK) To make any other changes or modifications to modify, alter, or to otherwise amend or supplement this Indenture in any other respect which is manner that, in the reasonable judgment of the Issuer in consultation with its financial advisors and Bond Counsel, do not adverse materially adversely affect the interests or rights of any of the Holders of the Bonds issued pursuant to the Bondholders terms hereof and which does not involve a change described in clause (a)then Outstanding. In determining whether any amendment, (b)consent, (c)waiver or other action to be taken, (d) or (e) any failure to take action, under this Indenture would adversely affect the security for the Series 2010 Bonds or the rights of Section 11.02 hereofthe Series 2010 Bondholders, the effect of any such amendment, consent, waiver, action or inaction shall be considered as if there were no Bond Insurance Policy.
Appears in 1 contract
Samples: Trust Indenture
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 prior written consent of the BorrowerCredit Facility Provider and, prior to the Bond InsurerConversion Date, Freddie Mac (unless the Bank, and the Liquidity Provider pursuant to Section 11.03 hereofForward Commitment is not longer applicable), enter into an indenture or indentures supplemental to this Indenture as shall not be inconsistent with the terms and provisions hereof or materially adverse to the Holders of the Bonds for any one or more of the following purposes:
(ia) 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 cure any ambiguity or inconsistent with this Indenture as theretofore in effectformal defect or omission herein;
(iib) to grant to or confer or impose upon the Trustee for the benefit of the Bondholders any additional rights, remedies, powers, authority, security, liabilities powers or duties which authority that may lawfully be granted, conferred or imposed and which are not contrary granted to or inconsistent with this Indenture as heretofore in effectconferred upon the Bondholders or the Trustee or either of them;
(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;
(vic) to subject to the lien and pledge of this Indenture additional revenues, properties or collateral;
(viid) to provide for the issuance of coupon bonds (providedmodify, 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 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, as amended, or any similar federal statute hereafter in effect or to permit the qualification of the Bonds for sale under any state blue sky laws;
(e) in connection with any other change in this Indenture which will not adversely affect the Tax-Exempt status interest of the Bonds)Trustee or the Bondholders;
(viiif) to provide for make such changes as are, in the use of an uncertificated book entry system (provided, however, that the Issuer and the Trustee have received an opinion of Bond Counsel Counsel, necessary to maintain the effect exclusion from gross income for federal income tax purposes of interest on the Bonds;
(g) to modify or amend the Indenture as necessary to maintain the then current rating on the Bonds, except no change may be made 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 interests of the Bonds)Bondholders;
(ixh) to modifyduring a Variable Period, 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 Bonds at least 30 days before the effective date thereof, and, on or before such effective date, such Owners have the right to require purchase of their Bonds (provided, however, that the Issuer and the Trustee have received an opinion of Bond Counsel to the effect that any such amendment complies with the Act and this Indenture and will not adversely affect the Tax-Exempt status of the Bonds);
(x) to authorize different Authorized Denominations of the Bonds and to make correlative amendments and modifications to this Indenture regarding exchangeability of Bonds of different Authorized Denominations, redemptions of portions of Bonds of particular Authorized Denominations and similar amendments and modifications of a technical nature;
(xi) to modify, delete or supplement any provision, term or requirement relating to Bonds that may bear interest at Flexible Rates to the extent deemed necessary or desirable further to protect or assure the Tax-Exempt status of the Bonds; provided, however, that the effective date of any such modification, deletion or supplementation with respect to any Bond shall be no earlier than the day succeeding the last day of any then current Flexible Segment with respect to such Bond;
(xii) to preserve the Tax-Exempt status of the Bonds; or
(xiii) to modify, alter, amend or supplement this Indenture in any other respect respect, including amendments which is not adverse to the Bondholders and which does not involve a change would otherwise be described in clause Section 8.02 hereof, if notice of the proposed supplemental indenture is given to Bondholders (a)in the same manner as notices of redemption are given) at least thirty (30) days before the effective date thereof and, (b)on or before such effective date, (c), (d) or (e) of Section 11.02 hereof.the
Appears in 1 contract
Samples: Trust Indenture
Supplemental Indentures Not Requiring Consent of Bondholders. The Subject to the limitation set forth in Section 1002 hereof with respect to this Section 1001, the Issuer and the Trustee may (and, in the case of clause (k) of this Section, shall at the written request of the Authorized Company Representative), 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 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:
(ia) to add to the covenants and agreements of, and limitations and restrictions upon, the Issuer cure any ambiguity or formal defect or omission 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;
(iib) to grant to or confer or impose upon the Trustee for the benefit of the Bondholders any additional rights, remedies, powers, authority, security, liabilities powers or duties which authority that may lawfully be granted, conferred or imposed and which are not contrary granted to or inconsistent with this Indenture as heretofore in effectconferred upon the Bondholders and the Trustee, or either of them;
(iiic) to cure any ambiguity assign and pledge under 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;
(viid) to evidence the appointment of a separate trustee or the succession of a new trustee hereunder;
(e) to modify, amend or supplement this Indenture or any indenture supplemental hereto in such manner as to permit the qualification of this Indenture under the Trust Indenture Act of 1939, as then amended, or any similar federal statute hereafter in effect or to permit the qualification of the Bonds for sale under the securities laws of any state of the United States;
(f) to modify, amend or supplement this Indenture or any indenture supplemental hereto in such manner as to permit continued compliance with the Proceeds Certificate or any similar certificate executed in connection with the issuance of any Bonds;
(g) to provide for the refunding of any Bonds, including the right to establish and administer an escrow fund and to take related action in connection therewith or to provide for the issuance of Additional Bonds as provided in Section 208 herein;
(h) to provide for the issuance of coupon bonds (providedBonds to the extent permitted by this Indenture, however, that including but not limited to such provisions as are necessary for the Trustee and the Issuer to accept, implement and administer any additional security as herein authorized, including debt service reserve or similar funds, letters or lines of credit, bond insurance policies or other forms of credit enhancement and establishing terms and provisions for such Bonds which may differ from those established for Bonds then outstanding;
(i) to evidence or give effect to or facilitate the delivery and administration under this Indenture of one or more credit facilities, including a letter of credit, a bond insurance policy or any other credit facility, to provide credit enhancement relating to payment of principal of and interest on the Bonds, provided that prior to the entry into of a supplemental indenture pursuant to this Section 1001(i), the Trustee have received shall be provided with an opinion of Bond Counsel to the effect that the issuance provisions outlined in such supplemental indenture or indentures with respect to the delivery of one or more credit facilities for such coupon bonds complies purposes will not have an adverse impact on the Act excludability of interest on the Bonds from the gross income of the owners thereof for federal income tax purposes;
(j) to effect changes in the Indenture so as to secure or maintain ratings on the Bonds from the Rating Services, which changes will not restrict, limit or reduce the obligation of the Issuer to pay the principal of, premium, if any, and interest on the Bonds as provided in this Indenture and will not or otherwise materially adversely affect the Tax-Exempt status owners of the Bonds);Bonds under this Indenture; and
(viiik) to provide for make any change that in the use judgment 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 does not materially 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 Bonds at least 30 days before the effective date thereof, and, on or before such effective date, such Owners have the right to require purchase of their Bonds (provided, however, that the Issuer and the Trustee have received an opinion of Bond Counsel to the effect that any such amendment complies with the Act and this Indenture and will not adversely affect the Tax-Exempt status of the Bonds);
(x) to authorize different Authorized Denominations of the Bonds and to make correlative amendments and modifications to this Indenture regarding exchangeability of Bonds of different Authorized Denominations, redemptions of portions of Bonds of particular Authorized Denominations and similar amendments and modifications of a technical nature;
(xi) to modify, delete or supplement any provision, term or requirement relating to Bonds that may bear interest at Flexible Rates to the extent deemed necessary or desirable further to protect or assure the Tax-Exempt status of the Bonds; provided, however, that the effective date rights of any such modification, deletion or supplementation with respect to any Bond shall be no earlier than the day succeeding the last day of any then current Flexible Segment with respect to such Bond;
(xii) to preserve the Tax-Exempt status of the Bonds; or
(xiii) to modify, alter, amend or supplement this Indenture in any other respect which is not adverse to the Bondholders and which does not involve a change described in clause (a), (b), (c), (d) or (e) of Section 11.02 hereofBondholders.
Appears in 1 contract
Samples: Indenture of Trust (Laidlaw Environmental Services Inc)
Supplemental Indentures Not Requiring Consent of Bondholders. (a) The Issuer Authority 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 hereto as shall not be inconsistent with the terms and provisions hereof for any one or more of the following purposes:
(i) to add to To cure any ambiguity or formal defect or omission in 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 To grant to or confer or impose upon the Trustee Trustee, with its consent, for the benefit of the Bondholders any additional rights, remedies, powers, authority, security, liabilities powers or duties which authority that may lawfully be granted, conferred or imposed and which are not contrary granted to or inconsistent with this Indenture as heretofore in effectconferred upon the Bondholders or the Trustee;
(iii) To grant or pledge to cure the Trustee for the benefit of Bondholders 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 Bondholdersadditional security;
(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 To modify, alter, amend or supplement the Indenture or any indenture supplemental thereto in such manner as to permit the qualification thereof under the Trust Indenture Act of 1939 or any other respect, including any amendment described similar Federal statute then in Section 11.02, if effect or to permit the effective date qualification 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 for sale under the securities laws of any of the proposed amendment or supplement is given to the Owners States of the affected Bonds at least 30 days before the effective date thereofUnited States, and, if they so determine, to add to the Indenture or any indenture supplemental thereto such other terms, conditions and provisions as may be permitted by the Trust Indenture Act of 1939 or similar Federal statute;
(v) To add to the covenants and agreements of the Authority in this Indenture, other covenants and agreements to be observed by the Authority;
(vi) To obtain a rating on the Bonds from Moody's or before such effective dateStandard & Poor's, such Owners have or any similar xxxxxx agency;
(vii) To provide for book-entry only bonds;
(viii) To make any other change which, in the right to require purchase judgment of their Bonds (provided, however, that the Issuer and the Trustee have received acting in reliance upon an opinion of Bond Counsel independent counsel, is not to the effect prejudice of the Trustee or the Holders of the Bonds.
(b) The Trustee may rely upon an opinion of independent counsel as conclusive evidence that any such amendment Supplemental Indenture complies with the Act foregoing conditions and this Indenture and will not adversely affect the Tax-Exempt status of the Bonds);
(x) to authorize different Authorized Denominations of the Bonds and to make correlative amendments and modifications to this Indenture regarding exchangeability of Bonds of different Authorized Denominations, redemptions of portions of Bonds of particular Authorized Denominations and similar amendments and modifications of a technical nature;
(xi) to modify, delete or supplement any provision, term or requirement relating to Bonds that may bear interest at Flexible Rates to the extent deemed necessary or desirable further to protect or assure the Tax-Exempt status of the Bonds; provided, however, that the effective date of any such modification, deletion or supplementation with respect to any Bond shall be no earlier than the day succeeding the last day of any then current Flexible Segment with respect to such Bond;
(xii) to preserve the Tax-Exempt status of the Bonds; or
(xiii) to modify, alter, amend or supplement this Indenture in any other respect which is not adverse to the Bondholders and which does not involve a change described in clause (a), (b), (c), (d) or (e) of Section 11.02 hereofPAGE 254 provisions.
Appears in 1 contract
Samples: Indenture of Trust (Burlington Coat Factory Warehouse Corp)
Supplemental Indentures Not Requiring Consent of Bondholders. The Issuer and the Trustee may 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 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:
(ia) to add set forth any or all of the matters in connection with the issuance of Additional Bonds as provided in Section 2.10 hereof;
(b) to the covenants and agreements ofcure any ambiguity, and limitations and restrictions upon, the Issuer defect or omission in this Indenture, other covenantsor to otherwise amend this Indenture, agreements, limitations and restrictions to be observed by in such manner as shall not in the Issuer which are not contrary to opinion of the Trustee impair the security hereof or inconsistent with this Indenture as theretofore in effectadversely affect the Bondholders;
(iic) to grant to or confer or impose upon the Trustee for the benefit of the Bondholders any additional rights, remedies, powers, authority, security, liabilities powers or duties which authorities that may lawfully be granted, granted or conferred upon the Bondholders or imposed and which are not contrary to or inconsistent with this Indenture as heretofore in effectthe Trustee;
(iiid) to cure any ambiguity or omission add additional covenants of the Issuer, or to cure, correct surrender any right or supplement any defective provision of this Indenture in each case in such manner as shall not adversely affect power herein conferred upon the BondholdersIssuer;
(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;
(vie) 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);
(ixf) 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 Bonds at least 30 days before the effective date thereof, and, on or before such effective date, such Owners have the right to require purchase of their Bonds (provided, however, that the Issuer and the Trustee have received an opinion of Bond Counsel to the effect that any such amendment complies with the Act and this Indenture and will not adversely affect the Tax-Exempt status of the Bonds);
(x) to authorize different Authorized Denominations of the Bonds and to make correlative amendments and modifications to this Indenture regarding exchangeability of Bonds of different Authorized Denominations, redemptions of portions of Bonds of particular Authorized Denominations and similar amendments and modifications of a technical nature;
(xi) to modify, delete or supplement any provision, term or requirement relating to Bonds that may bear interest at Flexible Rates to the extent deemed necessary or desirable further to protect or assure the Tax-Exempt status of the Bonds; provided, however, that the effective date of any such modification, deletion or supplementation with respect to any Bond shall be no earlier than the day succeeding the last day of any then current Flexible Segment with respect to such Bond;
(xii) to preserve the Tax-Exempt status of the Bonds; or
(xiii) to modify, alter, 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, as amended, or any similar federal statute hereafter in effect or to permit the qualification of the Bonds for sale under the securities laws of any of the states of the United States, and, if they so determine, to add to this Indenture or any indenture supplemental hereto such other respect which is not adverse terms, conditions and provisions as may be permitted by said Trust Indenture Act of 1939, as amended, or similar federal statute;
(g) to evidence the succession of a new Trustee hereunder; and
(h) to make such changes as may be necessary to comply with the provisions of the 1954 Code or the Code relating to the Bondholders and which does not involve a change described in clause (a), (b), (c), (d) or (e) exclusion of Section 11.02 hereofinterest on the Bonds from gross income thereunder.
Appears in 1 contract
Samples: Trust Indenture (Gulf Power Co)
Supplemental Indentures Not Requiring Consent of Bondholders. The Issuer and the Trustee may 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 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:
(i) : to add set forth any or all of the matters in connection with the issuance of Additional Bonds as provided in Section 2.10 hereof; to the covenants and agreements ofcure any ambiguity, and limitations and restrictions upon, the Issuer defect or omission in this Indenture, other covenantsor to otherwise amend this Indenture, agreements, limitations and restrictions to be observed by in such manner as shall not in the Issuer which are not contrary to opinion of the Trustee impair the security hereof or inconsistent with this Indenture as theretofore in effect;
(ii) adversely affect the Bondholders; to grant to or confer or impose upon the Trustee for the benefit of the Bondholders any additional rights, remedies, powers, authority, security, liabilities powers or duties which authorities that may lawfully be grantedgranted or conferred upon the Bondholders or the Trustee; to add additional covenants of the Issuer, 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 surrender any right or supplement any defective provision of this Indenture in each case in such manner as shall not adversely affect power herein conferred upon 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) Issuer; 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 Bonds at least 30 days before the effective date thereof, and, on or before such effective date, such Owners have the right to require purchase of their Bonds (provided, however, that the Issuer and the Trustee have received an opinion of Bond Counsel to the effect that any such amendment complies with the Act and this Indenture and will not adversely affect the Tax-Exempt status of the Bonds);
(x) to authorize different Authorized Denominations of the Bonds and to make correlative amendments and modifications to this Indenture regarding exchangeability of Bonds of different Authorized Denominations, redemptions of portions of Bonds of particular Authorized Denominations and similar amendments and modifications of a technical nature;
(xi) to modify, delete or supplement any provision, term or requirement relating to Bonds that may bear interest at Flexible Rates to the extent deemed necessary or desirable further to protect or assure the Tax-Exempt status of the Bonds; provided, however, that the effective date of any such modification, deletion or supplementation with respect to any Bond shall be no earlier than the day succeeding the last day of any then current Flexible Segment with respect to such Bond;
(xii) to preserve the Tax-Exempt status of the Bonds; or
(xiii) to modify, alter, 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 to permit the qualification of the Bonds for sale under the securities laws of any of the states of the United States of America, and, if they so determine, to add to this Indenture or any indenture supplemental hereto such other respect which is not adverse terms, conditions and provisions as may be permitted by said Trust Indenture Act of 1939 or similar federal statute; to provide different authorized denominations for the Bonds; to provide for an uncertificated registration system for the Bonds; to evidence the succession of a new Trustee hereunder; and to make such changes as may be necessary to comply with the provisions of the 1954 Code or the Code relating to the Bondholders and which does not involve a change described in clause (a), (b), (c), (d) or (e) exclusion of Section 11.02 hereofinterest on the Bonds from gross income thereunder.
Appears in 1 contract
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 prior written consent of the BorrowerCredit Facility Provider and, prior to the Bond InsurerConversion Date, Xxxxxxx Mac (unless the Bank, and the Liquidity Provider pursuant to Section 11.03 hereofForward Commitment is not longer applicable), enter into an indenture or indentures supplemental to this Indenture as shall not be inconsistent with the terms and provisions hereof or materially adverse to the Holders of the Bonds for any one or more of the following purposes:
(ia) 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 cure any ambiguity or inconsistent with this Indenture as theretofore in effectformal defect or omission herein;
(iib) to grant to or confer or impose upon the Trustee for the benefit of the Bondholders any additional rights, remedies, powers, authority, security, liabilities powers or duties which authority that may lawfully be granted, conferred or imposed and which are not contrary granted to or inconsistent with this Indenture as heretofore in effectconferred upon the Bondholders or the Trustee or either of them;
(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;
(vic) to subject to the lien and pledge of this Indenture additional revenues, properties or collateral;
(viid) to provide for the issuance of coupon bonds (providedmodify, 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 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, as amended, or any similar federal statute hereafter in effect or to permit the qualification of the Bonds for sale under any state blue sky laws;
(e) in connection with any other change in this Indenture which will not adversely affect the Tax-Exempt status interest of the Bonds)Trustee or the Bondholders;
(viiif) to provide for make such changes as are, in the use of an uncertificated book entry system (provided, however, that the Issuer and the Trustee have received an opinion of Bond Counsel Counsel, necessary to maintain the effect exclusion from gross income for federal income tax purposes of interest on the Bonds;
(g) to modify or amend the Indenture as necessary to maintain the then current rating on the Bonds, except no change may be made 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 interests of the Bonds)Bondholders;
(ixh) to modifyduring a Variable Period, 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 Bonds at least 30 days before the effective date thereof, and, on or before such effective date, such Owners have the right to require purchase of their Bonds (provided, however, that the Issuer and the Trustee have received an opinion of Bond Counsel to the effect that any such amendment complies with the Act and this Indenture and will not adversely affect the Tax-Exempt status of the Bonds);
(x) to authorize different Authorized Denominations of the Bonds and to make correlative amendments and modifications to this Indenture regarding exchangeability of Bonds of different Authorized Denominations, redemptions of portions of Bonds of particular Authorized Denominations and similar amendments and modifications of a technical nature;
(xi) to modify, delete or supplement any provision, term or requirement relating to Bonds that may bear interest at Flexible Rates to the extent deemed necessary or desirable further to protect or assure the Tax-Exempt status of the Bonds; provided, however, that the effective date of any such modification, deletion or supplementation with respect to any Bond shall be no earlier than the day succeeding the last day of any then current Flexible Segment with respect to such Bond;
(xii) to preserve the Tax-Exempt status of the Bonds; or
(xiii) to modify, alter, amend or supplement this Indenture in any other respect respect, including amendments which would otherwise be described in Section 8.02 hereof, if notice of the proposed supplemental indenture is not adverse given to Bondholders (in the same manner as notices of redemption are given) at least thirty (30) days before the effective date thereof and, on or before such effective date, the Bondholders and which does not involve a change described have the right to demand purchase of their Bonds pursuant to Section 10.01 hereof;
(i) to modify, alter, amend or supplement this Indenture in clause connection with the delivery of any Alternate Credit Facility; or
(a), (b), (c), (dj) to implement or (e) of Section 11.02 hereofmodify any secondary market disclosure requirements.
Appears in 1 contract
Samples: Trust Indenture
Supplemental Indentures Not Requiring Consent of Bondholders. The Issuer County 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 hereofbondholders, enter into an indenture or indentures supplemental to this Indenture hereto as shall not be inconsistent with the terms and provisions hereof for any one or more of the following purposes:
(ia) 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 cure any ambiguity or inconsistent with this Indenture as theretofore in effectformal defect or omission herein;
(iib) to grant to or confer or impose upon the Trustee for the benefit of the Bondholders bondholders any additional rights, remedies, powers, authority, security, liabilities powers or duties which authorities that may lawfully be granted, conferred or imposed and which are not contrary granted to or inconsistent with this Indenture as heretofore in effectconferred upon the bondholders or the Trustee or either of them;
(iiic) to cure any ambiguity subject to the lien and pledge hereof additional purchase price payments, other payments and revenues, receipts, properties or omission or collateral;
(d) to curemodify, correct amend or supplement any defective provision of this Indenture in each case or any indenture supplemental hereto in such manner as shall not adversely affect to permit the Bondholders;qualification hereof and thereof under the shortage and Indenture of Trust Act of 1939, as amended, or any similar Federal statute hereafter in effect or to permit the qualification of the Bonds for sale under the securities laws of any of the states of the United States of America, and, if they so determine to add hereto or to any indenture Supplemental hereto such other terms, conditions and provisions as may be permitted by said Mortgage and Indenture of Trust Act of 1931.1 or similar Federal statute,
(ive) to evidence the appointment of a separate trustee Trustee or a coCo-trustee Trustee or to evidence the succession of a new trustee Trustee or a new co-trustee paying agent hereunder;: and
(vf) to comply in connection with any other changes herein which, in the requirements judgment of the Trust Indenture Act Trustee, do not prejudice the interests 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 or 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 Bonds at least 30 days before the effective date thereof, and, on or before such effective date, such Owners have the right to require purchase of their Bonds (provided, however, that the Issuer and the Trustee have received an opinion of Bond Counsel to the effect that any such amendment complies with the Act and this Indenture and will not adversely affect the Tax-Exempt status of the Bonds);
(x) to authorize different Authorized Denominations of the Bonds and to make correlative amendments and modifications to this Indenture regarding exchangeability of Bonds of different Authorized Denominations, redemptions of portions of Bonds of particular Authorized Denominations and similar amendments and modifications of a technical nature;
(xi) to modify, delete or supplement any provision, term or requirement relating to Bonds that may bear interest at Flexible Rates to the extent deemed necessary or desirable further to protect or assure the Tax-Exempt status of the Bonds; provided, however, that the effective date of any such modification, deletion or supplementation with respect to any Bond shall be no earlier than the day succeeding the last day of any then current Flexible Segment with respect to such Bond;
(xii) to preserve the Tax-Exempt status of the Bonds; or
(xiii) to modify, alter, amend or supplement this Indenture in any other respect which is not adverse to the Bondholders and which does not involve a change described in clause (a), (b), (c), (d) or (e) of Section 11.02 hereofbondholders.
Appears in 1 contract
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, Bondholders enter into an indenture or indentures supplemental to this Indenture for any one or more of the following purposes:
(ia) to add to the covenants and agreements of, and limitations and restrictions upon, the Issuer cure any ambiguity or formal defect or omission 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;
(iib) to grant to or confer or impose upon the Trustee for the benefit of the Bondholders any additional rights, remedies, powers, authority, security, liabilities powers or duties which authorities that may lawfully be granted, conferred or imposed and which are not contrary granted to or inconsistent with this Indenture as heretofore in effectconferred upon the Bondholders or the Trustee;
(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;
(vic) 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);
(ixd) 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 Bonds at least 30 days before the effective date thereof, and, on or before such effective date, such Owners have the right to require purchase of their Bonds (provided, however, that the Issuer and the Trustee have received an opinion of Bond Counsel to the effect that any such amendment complies with the Act and this Indenture and will not adversely affect the Tax-Exempt status of the Bonds);
(x) to authorize different Authorized Denominations of the Bonds and to make correlative amendments and modifications to this Indenture regarding exchangeability of Bonds of different Authorized Denominations, redemptions of portions of Bonds of particular Authorized Denominations and similar amendments and modifications of a technical nature;
(xi) to modify, delete or supplement any provision, term or requirement relating to Bonds that may bear interest at Flexible Rates to the extent deemed necessary or desirable further to protect or assure the Tax-Exempt status of the Bonds; provided, however, that the effective date of any such modification, deletion or supplementation with respect to any Bond shall be no earlier than the day succeeding the last day of any then current Flexible Segment with respect to such Bond;
(xii) to preserve the Tax-Exempt status of the Bonds; or
(xiii) to modify, alter, amend or supplement this Indenture or any indenture supplemental hereof in such manner as to permit the qualification hereof and thereof under the Trust Indenture Act of 1939, as amended, or any similar federal statute hereafter in effect or to permit the qualification of the 2014A Bonds for sale under the securities laws of any of the states of the United States of America;
(e) to evidence the appointment of a separate or Co-Trustee or the succession of a new Trustee hereunder;
(f) to correct any description of, or to reflect changes in, any of the properties comprising the Trust Estate;
(g) to make any revisions of this Indenture that shall be required by a Rating Agency in order to obtain or maintain an investment grade rating on the 2014A Bonds;
(h) to provide for an uncertificated system of registering the 2014A Bonds or to provide for changes to or from the Book-Entry System; or
(i) to effect any other respect change herein which is not adverse to the Bondholders and which does prejudice of the Trustee or the Bondholders. In the event any Rating Agency has issued a rating of any of the 2014A Bonds, such Rating Agency or Rating Agencies, as the case may be, shall receive prior written notice from the Trustee of the proposed amendment but such notice shall not involve be a change described in clause (a), (b), (c), (d) or (e) condition of Section 11.02 hereofthe effectiveness of such amendment.
Appears in 1 contract
Samples: Trust Indenture
Supplemental Indentures Not Requiring Consent of Bondholders. The With the consent of the WLCDC, the Issuer and the Trustee may 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 Indenture, as shall not be inconsistent with the terms and provisions hereof, 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 : To cure any ambiguity or formal defect or omission 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 ; To grant to or confer or impose upon the Trustee for the benefit of the Bondholders any additional rights, remedies, powers, authority, security, liabilities powers or duties which authority that may lawfully be granted, conferred or imposed and which are not contrary granted to or inconsistent with conferred upon the Bondholders or the Trustee or any of them; To subject to this Indenture as heretofore additional security, revenues, properties or collateral; To make any other change in effect;
(iii) this Indenture which, in the judgment of the Requisite Bondholders, is not to cure any ambiguity the material prejudice of the Trustee, the WLCDC, the Issuer or omission the Bondholders of the Bonds; or to cureTo modify, correct amend or supplement any defective provision of this the Indenture in each case in such manner as shall not adversely affect required to permit 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 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 Requiring Consent of Bondholders . Exclusive of supplemental indentures covered by Section 9.1 hereof, and subject to the terms and provisions contained in this Section, and not otherwise, the Requisite Bondholders shall have the right, from time to time amendedtime, anything contained in this Indenture to the contrary notwithstanding, to consent to and approve 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 execution by the Issuer and the Trustee have received an opinion of Bond Counsel to the effect that the issuance of such coupon bonds complies other indenture or indentures supplemental hereto as shall be deemed necessary and desirable by the Act and Issuer for the purpose of modifying, altering, amending, adding to or rescinding, in any particular, any of the terms or provisions contained in 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, or in any supplemental indenture; provided however, that the Issuer and the Trustee have received nothing in this section contained shall permit or be construed as permitting (except as otherwise permitted in this Indenture) (a) 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 extension of the stated maturity or reduction in the principal amount of, or reduction in the rate or extension of the time of paying of interest on, or reduction of any premium payable on the redemption of, any Bonds);
(ix) to modify, alter, amend or supplement without the Indenture in any other respect, including any amendment described in Section 11.02, if consent of the effective date Bondholder of such supplement Bond, or amendment is (b) a date on which reduction in the amount or extension of the time of any payment required by any sinking fund applicable to any Bonds without the consent of the Bondholders of all the Bonds which would be affected thereby are subject by the action to mandatory purchase be taken, or if notice by mail (c) the creation of any lien prior to or, except for the lien of Parity Obligations, on a parity with the lien of this Indenture without the consent of the proposed amendment or supplement is given to Bondholders of all the Owners of the affected Bonds at least 30 days before the effective date thereoftime outstanding, and, on or before such effective date, such Owners have the right to require purchase of their Bonds (provided, however, that the Issuer and the Trustee have received an opinion of Bond Counsel to the effect that any such amendment complies with the Act and this Indenture and will not adversely affect the Tax-Exempt status of the Bonds);
(x) to authorize different Authorized Denominations of the Bonds and to make correlative amendments and modifications to this Indenture regarding exchangeability of Bonds of different Authorized Denominations, redemptions of portions of Bonds of particular Authorized Denominations and similar amendments and modifications of a technical nature;
(xi) to modify, delete or supplement any provision, term or requirement relating to Bonds that may bear interest at Flexible Rates to the extent deemed necessary or desirable further to protect or assure the Tax-Exempt status of the Bonds; provided, however, that the effective date of any such modification, deletion or supplementation with respect to any Bond shall be no earlier than the day succeeding the last day of any then current Flexible Segment with respect to such Bond;
(xii) to preserve the Tax-Exempt status of the Bonds; or
(xiii) to modify, alter, amend or supplement this Indenture in any other respect which is not adverse to the Bondholders and which does not involve a change described in clause (a), (b), (c), (d) a reduction in the aforesaid aggregate principal amount of Bonds the Bondholders of which are required to consent to any such supplemental indenture, without the consent of the Bondholders of all the Bonds at the time outstanding which would be affected by the action to be taken, or (e) a modification of Section 11.02 hereofthe rights, duties or immunities of the Trustee, without the written consent of the Trustee, or (f) a privilege or priority of any Bond over any other Bonds, or (g) a deprivation of the Owners of any Series 2016 Bonds then Outstanding of the lien thereby created. Anything herein to the contrary notwithstanding, a supplemental indenture under this Article which affects any rights of the WLCDC shall not become effective unless and until the WLCDC shall have consented in writing to the execution and delivery of such supplemental indenture. In this regard, the Trustee shall cause notice of the proposed execution and delivery of any such supplemental indenture together with a copy of the proposed supplemental indenture to be mailed by certified or registered mail to the WLCDC at least fifteen (15) days prior to the proposed date of execution and delivery of any such supplemental indenture.
Appears in 1 contract
Samples: Trust Indenture
Supplemental Indentures Not Requiring Consent of Bondholders. (BUT REQUIRING CONSENT OF THE BORROWER). 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 with all applicable laws 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 all applicable laws 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 Bonds at least 30 days before the effective date thereof, and, on or before such effective date, such Owners have the right to require purchase of their Bonds (provided, however, that the Issuer and the Trustee have received an opinion of Bond Counsel to the effect that any such amendment complies with the Act and this Indenture and will not adversely affect the Tax-Exempt status of the Bonds);
(x) to authorize different Authorized Denominations of the Bonds and to make correlative amendments and modifications to this Indenture regarding exchangeability of Bonds of different Authorized Denominations, redemptions of portions of Bonds of particular Authorized Denominations and similar amendments and modifications of a technical nature;
(xi) to modify, delete or supplement any provision, term or requirement relating to Bonds that may bear interest at Flexible Rates to the extent deemed necessary or desirable further to protect or assure the Tax-Exempt status of the Bonds; provided, however, that the effective date of any such modification, deletion or supplementation with respect to any Bond shall be no earlier than the day succeeding the last day of any then current Flexible Segment with respect to such Bond;
(xii) to preserve the Tax-Exempt status of the Bonds;
(xiii) to modify, alter, amend or supplement in any manner any provision of this Indenture relating to Auction Bonds at any time while the Bonds do not bear interest at an Auction Rate; or
(xiiixiv) to modify, alter, amend or supplement this Indenture in any other respect which is not adverse to the Bondholders and which does not involve a change described in clause (a), (b), (c), (d) or (e) of Section 11.02 hereof.
Appears in 1 contract
Supplemental Indentures Not Requiring Consent of Bondholders. (BUT REQUIRING CONSENT OF THE BORROWER). The Issuer and the Trustee may without the consent of, or notice to, any of the Bondholders, but with the consent of the Borrower, Borrower and the Bond Insurer, the Bank, and the Liquidity Provider Insurer 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 with all applicable laws and will not adversely affect the Tax-Exempt status of the BondsBonds of a Tax-Exempt Series);
(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 all applicable laws and will not adversely affect the Tax-Exempt status of the BondsBonds of any Tax-Exempt Series);
(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 Bonds at least 30 days before the effective date thereof, and, on or before such effective date, such Owners have the right to require purchase of their Bonds (provided, however, that the Issuer and the Trustee have received an opinion of Bond Counsel to the effect that any such amendment complies with the Act and this Indenture all applicable laws and will not adversely affect the Tax-Exempt status of the BondsBonds of any Tax-Exempt Series);
(x) to authorize different Authorized Denominations of the Bonds and to make correlative amendments and modifications to this Indenture regarding exchangeability of Bonds of different Authorized Denominations, redemptions of portions of Bonds of particular Authorized Denominations and similar amendments and modifications of a technical nature;
(xi) to modify, delete or supplement any provision, term or requirement relating to Bonds that may bear interest at Flexible Rates to the extent deemed necessary or desirable further to protect or assure the Tax-Exempt status of the Bonds; provided, however, that the effective date of any such modification, deletion or supplementation with respect to any Bond shall be no earlier than the day next succeeding the last day of any then current Flexible Segment with respect to such Bond;
(xii) to preserve the Tax-Exempt status of the BondsBonds of a Tax-Exempt Series; or
(xiii) to modify, alter, amend or supplement this Indenture in any other respect which is not adverse to the Bondholders and which does not involve a change described in clause (a), (b), (c), (d) or (e) of Section 11.02 hereof.
Appears in 1 contract
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 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:
(ia) To add additional covenants of the Issuer or to add surrender any right or power in this Indenture herein conferred upon the Issuer;
(b) To cure any ambiguity, to correct or supplement any provision herein which may be inconsistent with any other provision herein or with respect to the covenants and agreements of, and limitations and restrictions uponMortgage, the Issuer in Guaranty or the Collateral Assignment, or to make any other provisions with respect to matters or questions arising under this Indenture which shall not be inconsistent with the provisions of this Indenture, other covenants, agreements, limitations and restrictions to be observed by provided such action shall not adversely affect the Issuer which are not contrary to or inconsistent with this Indenture as theretofore in effectinterest of the Bondholders;
(iic) to To grant to or confer or impose upon the Trustee for the benefit of the Bondholders any additional rights, remedies, powers, authority, security, liabilities powers or duties which authority that may lawfully be granted, conferred or imposed and which are not contrary granted to or inconsistent with this Indenture as heretofore in effectconferred upon the Bondholders or the Trustee;
(iiid) 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 To subject to this Indenture additional revenuesRevenues, properties or collateral;
(viie) 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 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 Bonds at least 30 days before the effective date thereof, and, on or before such effective date, such Owners have the right to require purchase of their Bonds (provided, however, that the Issuer and the Trustee have received an opinion of Bond Counsel to the effect that any such amendment complies with the Act and this Indenture and will not adversely affect the Tax-Exempt status of the Bonds);
(x) to authorize different Authorized Denominations of the Bonds and to make correlative amendments and modifications to this Indenture regarding exchangeability of Bonds of different Authorized Denominations, redemptions of portions of Bonds of particular Authorized Denominations and similar amendments and modifications of a technical nature;
(xi) to modify, delete or supplement any provision, term or requirement relating to Bonds that may bear interest at Flexible Rates to the extent deemed necessary or desirable further to protect or assure the Tax-Exempt status of the Bonds; provided, however, that the effective date of any such modification, deletion or supplementation with respect to any Bond shall be no earlier than the day succeeding the last day of any then current Flexible Segment with respect to such Bond;
(xii) to preserve the Tax-Exempt status of the Bonds; or
(xiii) to modify, alter, 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 to permit the qualification of the Bonds for sale under the securities laws of any of the states of the United States, and, if they so determine, to add to this Indenture or any Indenture supplemental hereto such other terms, conditions and provisions as may be permitted by said Trust Indenture Act of 1939 or similar federal statute;
(f) To evidence the appointment of a separate Trustee or a Co-Trustee or the succession of a new Trustee or the appointment of a paying agent hereunder; and
(g) In connection with any other respect which change herein which, in the reasonable judgment of the Trustee, is not adverse to the Bondholders and which does not involve a change described in prejudice of the Trustee or the owners of the Bonds. With respect to any supplemental indenture pursuant to clause (a), (b), (c), (d) or (eg) of Section 11.02 hereofthis Section, the Issuer, the Company and the Trustee may rely upon an opinion of Counsel that any such supplemental indenture is not to the prejudice of the owners of the Bonds.
Appears in 1 contract
Samples: Indenture of Trust (Intrepid Technology & Resources, Inc.)