Common use of Supplemental Indentures Not Requiring Consent of Holders Clause in Contracts

Supplemental Indentures Not Requiring Consent of Holders. The Issuer and the Trustee may, without the consent of, or notice to, any of the Holders, enter into an indenture or indentures supplemental to this Indenture to accomplish any one or more of the following purposes: (a) To cure any ambiguity or formal defect or omission in this Indenture; (b) To grant to or confer upon the Holders or the Trustee for the benefit of the Holders any additional rights, remedies, powers or authority that may lawfully be granted to or conferred upon the Holders or the Trustee; (c) To subject to this Indenture additional revenues, properties or collateral; (d) To add to the covenants, agreements and obligations of the Issuer under this Indenture, other covenants, agreements and obligations to be observed for the protection of the Holders; (e) To evidence any succession to the Issuer and the assumption by its successor of the covenants, agreements and obligations of the Issuer under this Indenture, the Lease Agreement and the Bonds; (f) To permit the use of a book entry system to identify the owner of an interest in an obligation issued by the Issuer under this Indenture, whether that obligation was formerly, or could be, evidenced by a tangible security; (g) To permit the Trustee to comply with any obligations imposed upon it by law; (h) To specify further the duties and responsibilities of, and to define further the relationships among, the Trustee, the Tender Agent, the Registrar and any Authenticating Agents or Paying Agents; (i) To achieve compliance of this Indenture with any applicable federal or state securities or tax law; (j) To provide for a Substitute Letter of Credit or an Alternate Credit Facility and to make any change necessary to facilitate the provision of such Substitute Letter of Credit or Alternate Credit Facility, provided such change shall not adversely affect the interests of the Holders of the Bonds; (k) To secure or maintain ratings from a Rating Agency, provided that (i) the changes necessary to obtain or secure such ratings do not adversely affect the interests of the Holders of the Bonds and (ii) the Trustee receives a Non-Taxability Opinion with respect to such changes, which further opines to the effect that such changes are permitted by applicable law; and (l) To make amendments to the provisions hereof with respect to the Bonds relating to arbitrage matters under Section 148 of the Code, which amendments may, among other things, change the responsibility for making the relevant calculations, but only upon receipt of a Non-Taxability Opinion with respect to the proposed changes. The provisions of Subsections 701(g) and (i) hereof shall not be deemed to constitute a waiver by the Trustee, the Registrar, the Issuer or any Holder of any right which any of them may have in the absence of those provisions to contest the application of any change in law to this Indenture or the Bonds.

Supplemental Indentures Not Requiring Consent of Holders. The Issuer and the Trustee may, from time to time and at any time with the prior written consent of the Bondholder Representative and the Borrower, but without the consent of, or notice to, any of the other Holders, and when so required by this Indenture shall, enter into an indenture or indentures supplemental to this Indenture (which supplemental indenture or indentures shall thereafter form a part hereof), so as to accomplish any one or more of the following purposes: thereby (a1) To cure any ambiguity or formal defect or omission in this Indenture; Indenture or in any supplemental indenture, (b2) To grant to or confer upon the Holders or the Trustee for the benefit of the Holders any additional rights, remedies, powers powers, authority, or authority security that may lawfully be granted to or conferred upon the Holders or the Trustee; , (c3) To more precisely identify the Trust Estate, or any other property which may become a part of the Trust Estate, (4) subject to the lien and pledge of this Indenture additional revenues, properties properties, or collateral; , (d5) To evidence the appointment of a separate Trustee or a co-Trustee or the succession of a new Trustee, Bond Registrar, or Paying Agent or both hereunder, (6) modify, eliminate, and/or add to the covenantsprovisions of this Indenture to such extent as shall be necessary to prevent any interest on the Bonds from becoming includable in gross income for federal income tax purposes or to effect the qualification of this Indenture under the Trust Indenture Act of 1939, agreements as then amended, or under any similar federal statute hereafter enacted, and obligations to add to this Indenture such other provisions as may be expressly permitted by said Trust Indenture Act of 1939, as then amended, excluding however the provisions referred to in Section 316(a)(2) of said Trust Indenture Act of 1939, as then amended, (7) make any other change which is required by any provision of this Indenture to reconcile this Indenture with the Loan Documents, or any amendments thereto, or (8) make any other change which in the judgment of the Trustee, based upon an opinion of Bond Counsel, is necessary or desirable and will not materially prejudice any Holder or the Borrower. Supplemental Indentures Requiring Consent of Holders. Exclusive of supplemental indentures covered by Section 10.1 hereof and subject to the terms and provisions contained in this Section, and not otherwise, the Trustee, upon receipt of an instrument evidencing the consent to the below-mentioned supplemental indenture by the Bondholder Representative or the Holders of not less than 51% of the aggregate principal amount of Bonds Outstanding and the Borrower, shall join with the Issuer under in the execution of such other indenture or indentures supplemental hereto as shall be deemed necessary and desirable for the purpose of modifying, altering, amending, adding to, or rescinding, in any particular, any of the terms or provisions contained in this IndentureIndenture or in any supplemental indenture; provided, however, that nothing herein contained shall permit or be construed as permitting without the consent of the Holders of 100% of the principal amount of all Bonds adversely affected thereby: (1) an extension of the date when the principal or the interest on or any premium on any Bond is due; (2) a reduction in the principal amount of any Bond or the rate of interest thereon, or any premium; (3) a privilege or priority of any Bond or Bonds over any other covenantsBond or Bonds except as may be otherwise expressly provided herein; (4) a reduction in the aggregate principal amount of the Bonds required for consent to such supplemental indenture; or (5) the modification of any of the provisions of this Section. If at any time the Issuer shall request the Trustee to enter into any such supplemental indenture for any of the purposes of this Section, agreements the Trustee shall, upon being satisfactorily indemnified with respect to expenses (including but not limited to attorney’s fees, expenses, and obligations publication costs), cause notice of the proposed execution of such supplemental indenture to be observed for mailed by first class mail, postage prepaid, to the protection Borrower and the Holders at the addresses shown on the Bond Register. Such notice shall briefly set forth the nature of the proposed supplemental indenture and shall include copies thereof. The Trustee shall not, however, be subject to any liability to any Holder by reason of its failure to mail such notice to any particular Holder if notice was generally mailed to Holders; , and any such failure shall not affect the validity of such supplemental indenture when consented to and approved as provided in this Section. If the Borrower and the Bondholder Representative or the Holders of not less than the applicable percentage (eas referenced above) To evidence in aggregate principal amount of the Bonds then Outstanding at the time of the execution of any succession such supplemental indenture shall have consented to and approved the execution thereof as herein provided, no Holder shall have any right to object to any of the terms and provisions contained herein or the operation thereof, or in any manner to question the propriety of the execution thereof, or to enjoin or restrain the Trustee or Issuer from executing the same or from taking any action pursuant to the provisions thereof. Upon the execution of any such supplemental indenture as in this Section permitted and provided, this Indenture shall be and is deemed to be modified and amended in accordance herewith. Opinion of Bond Counsel. Any supplemental indenture governed by this Article shall be accompanied by an opinion of Bond Counsel delivered to the Borrower, the Issuer and the assumption by its successor Trustee, that such supplemental indenture is valid and enforceable and does not adversely affect the exclusion of interest on the Bonds from gross income for federal income tax purposes. Rights of the covenantsTrustee and Issuer. Neither the Issuer nor the Trustee shall be obligated to enter into any supplemental indenture which may adversely affect its own rights, agreements duties, or immunities under this Indenture. Neither the Borrower, the Issuer nor the Trustee shall be required to consent to any supplemental indenture referred to in this Article 10 unless it has first received an opinion of Independent Counsel addressed to the Borrower, the Issuer and obligations Trustee that such amendment is authorized or permitted by this Indenture. In executing or accepting the additional trusts created by any supplemental Indenture permitted by this Article 10 or the modifications thereby created of the Issuer trusts under this Indenture, the Lease Agreement Trustee shall be entitled to receive, and (subject to Section 9.1) shall be fully protected in relying upon an opinion of counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture and the Bonds; (f) To permit the use of a book entry system Loan Documents and that all conditions precedent applicable to identify the owner of an interest in an obligation issued by the Issuer such execution under this Indenture, whether that obligation was formerly, or could be, evidenced by a tangible security; (g) To permit Indenture and the Trustee to comply with any obligations imposed upon it by law; (h) To specify further the duties and responsibilities of, and to define further the relationships among, the Trustee, the Tender Agent, the Registrar and any Authenticating Agents or Paying Agents; (i) To achieve compliance of this Indenture with any applicable federal or state securities or tax law; (j) To provide for a Substitute Letter of Credit or an Alternate Credit Facility and to make any change necessary to facilitate the provision of such Substitute Letter of Credit or Alternate Credit Facility, provided such change shall not adversely affect the interests of the Holders of the Bonds; (k) To secure or maintain ratings from a Rating Agency, provided that (i) the changes necessary to obtain or secure such ratings do not adversely affect the interests of the Holders of the Bonds and (ii) the Trustee receives a Non-Taxability Opinion with respect to such changes, which further opines to the effect that such changes are permitted by applicable law; and (l) To make amendments to the provisions hereof with respect to the Bonds relating to arbitrage matters under Section 148 of the Code, which amendments may, among other things, change the responsibility for making the relevant calculations, but only upon receipt of a Non-Taxability Opinion with respect to the proposed changes. The provisions of Subsections 701(g) and (i) hereof shall not be deemed to constitute a waiver by the Trustee, the Registrar, the Issuer or any Holder of any right which any of them may Loan Documents have in the absence of those provisions to contest the application of any change in law to this Indenture or the Bondsbeen satisfied.

Supplemental Indentures Not Requiring Consent of Holders. The The‌ Issuer and the Trustee may, from time to time and at any time with the prior written consent of the Bondholder Representative and the Borrower, but without the consent of, or notice to, any of the other Holders, and when so required by this Indenture shall, enter into an indenture or indentures supplemental to this Indenture (which supplemental indenture or indentures shall thereafter form a part hereof), so as to accomplish any one or more of the following purposes: thereby (a1) To cure any ambiguity or formal defect or omission in this Indenture; Indenture or in any supplemental indenture, (b2) To grant to or confer upon the Holders or the Trustee for the benefit of the Holders any additional rights, remedies, powers powers, authority, or authority security that may lawfully be granted to or conferred upon the Holders or the Trustee; , (c3) To more precisely identify the Trust Estate, or any other property which may become a part of the Trust Estate, (4) subject to the lien and pledge of this Indenture additional revenues, properties properties, or collateral; , (d5) To evidence the appointment of a separate Trustee or a co-Trustee or the succession of a new Trustee, Bond Registrar, or Paying Agent or both hereunder, (6) modify, eliminate, and/or add to the covenantsprovisions of this Indenture to such extent as shall be necessary to prevent any interest on the Bonds from becoming includable in gross income for federal income tax purposes or to effect the qualification of this Indenture under the Trust Indenture Act of 1939, agreements and obligations of the Issuer under this Indenture, other covenants, agreements and obligations to be observed for the protection of the Holders; (e) To evidence any succession to the Issuer and the assumption by its successor of the covenants, agreements and obligations of the Issuer under this Indenture, the Lease Agreement and the Bonds; (f) To permit the use of a book entry system to identify the owner of an interest in an obligation issued by the Issuer under this Indenture, whether that obligation was formerlyas then amended, or could be, evidenced by a tangible security; (g) To permit the Trustee to comply with under any obligations imposed upon it by law; (h) To specify further the duties and responsibilities ofsimilar federal statute hereafter enacted, and to define further add to this Indenture such other provisions as may be expressly permitted by said Trust Indenture Act of 1939, as then amended, excluding however the relationships amongprovisions referred to in section 316(a)(2) of said Trust Indenture Act of 1939, the Trusteeas then amended, the Tender Agent, the Registrar and (7) make any Authenticating Agents or Paying Agents; (i) To achieve compliance other change which is required by any provision of this Indenture with any applicable federal or state securities or tax law; (j) To provide for a Substitute Letter of Credit or an Alternate Credit Facility and to make any change which is deemed by the Trustee necessary to facilitate reconcile this Indenture with the provision of such Substitute Letter of Credit or Alternate Credit FacilityLoan Documents, provided such change shall not adversely affect the interests of the Holders of the Bonds; (k) To secure or maintain ratings from a Rating Agency, provided that (i) the changes necessary to obtain or secure such ratings do not adversely affect the interests of the Holders of the Bonds and (ii) the Trustee receives a Non-Taxability Opinion with respect to such changes, which further opines to the effect that such changes are permitted by applicable law; and (l) To make amendments to the provisions hereof with respect to the Bonds relating to arbitrage matters under Section 148 of the Code, which amendments may, among other things, change the responsibility for making the relevant calculations, but only upon receipt of a Non-Taxability Opinion with respect to the proposed changes. The provisions of Subsections 701(g) and (i) hereof shall not be deemed to constitute a waiver by the Trustee, the Registrar, the Issuer or any Holder of any right which any of them may have in the absence of those provisions to contest the application of any change in law to this Indenture or the Bonds.amendments thereto, or

Supplemental Indentures Not Requiring Consent of Holders. The Issuer and the Trustee may, without Without the consent of, or (except as provided in Section 8.04 hereof) notice to, any of the Holders, the Issuer and the Trustee, but with the prior consent of the Bank and the Borrower, may enter into an indenture or indentures supplemental to this Indenture to accomplish which shall not, in the opinion of the Issuer and the Trustee, be inconsistent with the terms and provisions hereof for any one or more of the following purposes: (a) To cure any ambiguity ambiguity, inconsistency or formal defect or omission in this Indenture; (b) To grant to or confer upon the Holders or the Trustee for the benefit of the Holders any additional rights, remedies, powers or authority that lawfully may lawfully be granted to or conferred upon the Holders or the Trustee; (c) To subject to assign additional revenues under this Indenture additional revenues, properties or collateralIndenture; (d) To accept additional security and instruments and documents of further assurance with respect to the Project; (e) To add to the covenants, agreements and obligations of the Issuer under this Indenture, other covenants, agreements and obligations to be observed for the protection of the Holders, or to surrender or limit any right, power or authority reserved to or conferred upon the Issuer in this Indenture including, without limitation, the limitation of rights of redemption so that in certain instances Bonds of different series will be redeemed in some prescribed relationship to one another for the protection of the Holders of a particular series of Bonds; (ef) To evidence any succession to the Issuer and the assumption by its successor of the covenants, agreements and obligations of the Issuer under this Indenture, the Lease Agreement and the Bonds; (fg) To permit the use exchange of a book entry system Bonds, at the option of the Holder or Holders thereof, for coupon Bonds of the same series payable to identify the owner of an interest bearer, in an obligation issued aggregate principal amount not exceeding the unmatured and unredeemed principal amount of the Predecessor Bonds, bearing interest at the same rate or rates and maturing on the same date or dates, with coupons attached representing all unpaid interest due or to become due thereon if, in the opinion of Bond Counsel selected by the Issuer under this IndentureBorrower and acceptable to the Trustee, whether that obligation was formerly, or could be, evidenced by a tangible securityexchange would not result in the interest on any of the Bonds outstanding becoming subject to federal income taxation; (gh) To permit the Trustee to comply with any obligations imposed upon it by law; (hi) To specify further the duties and responsibilities of, and to define further the relationships amongrelationship between, the Trustee, Trustee and the Tender Remarketing Agent, the Registrar and any Authenticating Agents or Paying Agents; (ij) To achieve compliance of this Indenture with any applicable federal or state securities or tax law; (j) To provide for a Substitute Letter of Credit or an Alternate Credit Facility and to make any change necessary to facilitate the provision of such Substitute Letter of Credit or Alternate Credit Facility, provided such change shall not adversely affect the interests of the Holders of the Bonds; (k) To secure or maintain ratings from evidence the appointment of a Rating Agency, provided that (i) the changes necessary to obtain or secure such ratings do not adversely affect the interests of the Holders of the Bonds and (ii) the Trustee receives a Non-Taxability Opinion with respect to such changes, which further opines to the effect that such changes are permitted by applicable law; andnew Remarketing Agent; (l) To make necessary or advisable amendments or additions in connection with the issuance of Additional Bonds in accordance with Section 2.09 hereof as do not adversely affect the Holders of outstanding Bonds; (m) To permit any other amendment which, in the judgment of the Trustee, is not to the prejudice of the Trustee or the Holders including, but not limited to, changes required in order to obtain or maintain a rating on any series of Bonds from a Rating Service; and (n) To accept a Supplemental Credit Facility as provided in Section 8.04 hereof. The Trustee may also accept, without the consent of or notice to any of the Holders, an Alternate Letter of Credit or any amendments to the provisions hereof with respect Letter of Credit necessary to continue the effectiveness of the Letter of Credit as originally intended or which in the judgment of the Trustee are not to the Bonds relating to arbitrage matters under Section 148 prejudice of the Code, which amendments may, among other things, change the responsibility for making the relevant calculations, but only upon receipt of a Non-Taxability Opinion with respect to the proposed changesHolders. The provisions of Subsections 701(g8.02(h) and (ij) hereof shall not be deemed to constitute a waiver by the Trustee, the Registrar, the Issuer or any Holder of any right which any of them it may have in the absence of those provisions to contest the application of any change in law to this Indenture or the Bonds.

Supplemental Indentures Not Requiring Consent of Holders. The Without the consent of or notice to any Holders, the Issuer and the Trustee may, without the consent of, or notice to, any of the Holders, may enter into an indenture or indentures supplemental to this Indenture to accomplish for any one or more of the following purposes: (a) To cure any ambiguity ambiguity, inconsistency or formal defect or omission in this Indenture; (b) To grant to or confer upon the Holders or the Trustee for the benefit of the Holders any additional rights, remedies, powers or authority that may lawfully be granted to or conferred upon the Holders or the Trusteeauthority; (c) To subject to this Indenture additional revenues, properties authorize the issuance of a Series of Additional Bonds or collateralRefunding Bonds; (d) To confirm any pledge of or lien on the Revenues, to assign additional revenues under this Indenture or to accept additional security or instruments of further assurance; (e) To add to the covenants, agreements and obligations of the Issuer under this Indenture, other covenants, agreements and obligations to be observed for the protection of the Holders; (e) To evidence , or to surrender or limit any succession right, power or authority reserved to or conferred upon the Issuer and the assumption by its successor of the covenants, agreements and obligations of the Issuer under in this Indenture, the Lease Agreement and the Bonds; (f) To permit the use of a book entry system to identify the owner of an interest in an obligation issued by the Issuer under this Indenture, whether that obligation was formerly, or could be, evidenced by a tangible security; (g) To permit the Trustee to comply with any obligations imposed upon it by law; (h) To specify further the duties and responsibilities of, and to define further the relationships relationship among, the Trustee, the Tender Indexing Agent and the Remarketing Agent, the Registrar and any Authenticating Agents or Paying Agents; (i) To achieve compliance of this Indenture with any applicable federal or state securities or tax lawlaws; (j) To provide for evidence the appointment of a Substitute Letter of Credit new Remarketing Agent or an Alternate Credit Facility and to make any change necessary to facilitate the provision of such Substitute Letter of Credit or Alternate Credit Facility, provided such change shall not adversely affect the interests of the Holders of the BondsIndexing Agent; (k) To secure provide for Alternate Letters of Credit or maintain ratings from a Rating Agency, provided that (i) the changes necessary to obtain or secure such ratings do not adversely affect the interests of the Holders of the Bonds and (ii) the Trustee receives a Non-Taxability Opinion with respect to such changes, which further opines to the effect that such changes are any other credit enhancement permitted by applicable law; andthe terms of this Indenture; (l) To make any amendments required to secure a rating on the Bonds from a Rating Agency equal to the provisions hereof with respect rating of the Agent's unsecured indebtedness; (m) To implement a conversion to a Term Mode Rate; or (n) To permit any other amendment which is not materially adverse to the Bonds relating to arbitrage matters under Section 148 interests of the CodeTrustee or the Holders. Before the Issuer and the Trustee shall enter into any Supplemental Indenture pursuant to this Section, which amendments may, among other things, change the responsibility for making the relevant calculations, but only upon receipt of a Non-Taxability Opinion with respect there shall have been delivered to the proposed changes. The provisions of Subsections 701(g) Trustee and (i) hereof shall not be deemed to constitute a waiver by the Trustee, the Registrar, the Issuer an opinion of counsel to the Issuer to the effect that such Supplemental Indenture is authorized or any Holder of any right which any of them may have permitted by this Indenture, and will, upon the execution and delivery thereof, be valid and binding upon the Issuer in the absence of those provisions to contest the application of any change in law to this Indenture or the Bondsaccordance with its terms.

Supplemental Indentures Not Requiring Consent of Holders. The Issuer and the Trustee may, without the consent of, or notice to, any of the Holders, enter into an indenture or indentures supplemental to this Indenture to accomplish any one or more of the following purposes: (a) To cure any ambiguity or formal defect or omission in this Indenture; (b) To grant to or confer upon the Holders or the Trustee for the benefit of the Holders any additional rights, remedies, powers or authority that may lawfully be granted to or conferred upon the Holders or the Trustee; (c) To subject to this Indenture additional revenues, properties or collateral; (d) To add to the covenants, agreements and obligations of the Issuer under this Indenture, other covenants, agreements and obligations to be observed for the protection of the Holders; (e) To evidence any succession to the Issuer and the assumption by its successor of the covenants, agreements and obligations of the Issuer under this Indenture, the Lease Agreement and the Bonds; (f) To provide for the issuance of the Refunding Obligations and the refunding of the Series 1996A Bonds; (g) To permit the use of a book entry system to identify the owner of an interest in an obligation issued by the Issuer under this Indenture, whether that obligation was formerly, or could be, evidenced by a tangible security; (gh) To permit the Trustee to comply with any obligations imposed upon it by law; (hi) To specify further the duties and responsibilities of, and to define further the relationships among, the Trustee, the Tender Agent, the Registrar and any Authenticating Agents or Paying Agents; (ij) To achieve compliance of this Indenture with any applicable federal or state securities or tax law; (jk) To provide for a Substitute Letter of Credit or an Alternate Credit Facility and to make any change necessary to facilitate the provision of such Substitute Letter of Credit or Alternate Credit Facility, provided such change shall not adversely affect the interests of the Holders of the Bonds; (kl) To secure or maintain ratings from a Rating Agency, provided that (i) the changes necessary to obtain or secure such ratings do not adversely affect the interests of the Holders of the Bonds and (ii) the Trustee receives a Non-Taxability Opinion with respect to such changes, which further opines to the effect that such changes are permitted by applicable law; and (lm) To make amendments to the provisions hereof with respect to the Bonds relating to arbitrage matters under Section 148 of the Code, which amendments may, among other things, change the responsibility for making the relevant calculations, but only upon receipt of a Non-Taxability Opinion with respect to the proposed changes. The provisions of Subsections 701(g701(h) and (ij) hereof shall not be deemed to constitute a waiver by the Trustee, the Registrar, the Issuer or any Holder of any right which any of them may have in the absence of those provisions to contest the application of any change in law to this Indenture or the Bonds.

Supplemental Indentures Not Requiring Consent of Holders. The Issuer and the Trustee may, without Without the consent of, or notice to, any of the Holders, the Issuer and the Trustee, but with the prior consent of the Borrower and the Bank (except if an Event of Default as specified in paragraphs (g) or (h) of Section 7.01 hereof shall have occurred and is continuing), may enter into an indenture or indentures supplemental to this Indenture to accomplish which shall not, in the opinion of the Trustee, be inconsistent with the terms and provisions hereof for any one or more of the following purposes:. (a) To cure any ambiguity ambiguity, inconsistency or formal defect or omission in this Indenture; (b) To grant to or confer upon the Holders or the Trustee for the benefit of the Holders any additional rights, remedies, powers or authority that lawfully may lawfully be granted to or conferred upon the Holders or the Trustee; (c) To subject to assign additional revenues under this Indenture additional revenues, properties or collateralIndenture; (d) To accept additional security and instruments and documents of further assurance with respect to the Project; (e) To add to the covenants, agreements and obligations of the Issuer under this Indenture, other covenants, agreements and obligations to be observed for the protection of the Holders, or to surrender or limit any right, power or authority reserved to or conferred upon the Issuer in this Indenture including, without limitation, the limitation of rights of redemption so that in certain instances Bonds of different series will be redeemed in some prescribed relationship to one another for the protection of the Holders of a particular series of Bonds; (ef) To evidence any succession to the Issuer and the assumption by its successor of the covenants, agreements and obligations of the Issuer under this Indenture, the Lease Agreement and the Bonds; (fg) To permit the use exchange of a book entry system Bonds, at the option of the Holder or Holders thereof, for coupon Bonds of the same series payable to identify the owner of an interest bearer, in an obligation issued aggregate principal amount not exceeding the unmatured and unredeemed principal amount of the Predecessor Bonds, bearing interest at the same rate or rates and maturing on the same date or dates, with coupons attached representing all unpaid interest due or to become due thereon if, in the opinion of Bond Counsel selected by the Issuer under this IndentureBorrower and acceptable to the Trustee, whether that obligation was formerly, or could be, evidenced by a tangible securityexchange would not result in the interest on any of the Bonds outstanding becoming subject to federal income taxation; (gh) To permit the Trustee to comply with any obligations imposed upon it by law; (hi) To specify further the duties and responsibilities of, and to define further the relationships relationship among, the Trustee, the Tender AgentRegistrar, the Registrar Remarketing Agent and any Authenticating Agents Agent or Paying AgentsAgent; (ij) To achieve compliance of this Indenture with any applicable federal or state securities or tax law; (j) To provide for a Substitute Letter of Credit or an Alternate Credit Facility and to make any change necessary to facilitate the provision of such Substitute Letter of Credit or Alternate Credit Facility, provided such change shall not adversely affect the interests of the Holders of the Bonds; (k) To secure or maintain ratings from evidence the appointment of a Rating Agency, provided that (i) the changes necessary to obtain or secure such ratings do not adversely affect the interests of the Holders of the Bonds and (ii) the Trustee receives a Non-Taxability Opinion with respect to such changes, which further opines to the effect that such changes are permitted by applicable law; andnew Remarketing Agent; (l) To make necessary or advisable amendments or additions in connection with the issuance of Additional Bonds in accordance with Section 2.08 hereof as do not adversely affect the Holders of outstanding Bonds; (m) To permit any other amendment which, in the judgment of the Trustee, is not to the prejudice of the Trustee or the Holders including, but not limited to, changes required in order to obtain or maintain a rating on any series of Bonds from a Rating Service; and (n) To accept a Supplemental Credit Facility as provided in Section 8.04 hereof. The Trustee may also accept, without the consent of or notice to any of the Holders, an Alternate Letter of Credit or any amendments to the provisions hereof with respect Letter of Credit necessary to continue the effectiveness of the Letter of Credit as originally intended or which in the judgment of the Trustee are not to the Bonds relating to arbitrage matters under Section 148 prejudice of the Code, which amendments may, among other things, change the responsibility for making the relevant calculations, but only upon receipt of a Non-Taxability Opinion with respect to the proposed changesHolders. The provisions of Subsections 701(g8.02(h) and (ij) hereof shall not be deemed to constitute a waiver by the Trustee, the Registrar, the Issuer or any Holder of any right which any of them it may have in the absence of those provisions to contest the application of any change in law to this Indenture or the Bonds.

Supplemental Indentures Not Requiring Consent of Holders. The Issuer and the Trustee may, without Without the consent of, or notice to, any of the Holders, the Issuer and the Trustee may enter into an indenture or indentures supplemental to this Indenture to accomplish which shall not, in the opinion of the Issuer and the Trustee, be inconsistent with the terms and provisions hereof for any one or more of the following purposes: (a) To cure any ambiguity ambiguity, inconsistency or formal defect or omission in this Indenture; (b) To grant to or confer upon the Holders or the Trustee for the benefit of the Holders any additional rights, remedies, powers or authority that lawfully may lawfully be granted to or conferred upon the Holders or the Trustee; (c) To subject to assign additional revenues under this Indenture additional revenues, properties or collateralIndenture; (d) To accept additional security and instruments and documents of further assurance; (e) To add to the covenants, agreements and obligations of the Issuer under this Indenture, other covenants, agreements and obligations to be observed for the protection of the Holders, or to surrender or limit any right, power or authority reserved to or conferred upon the Issuer in this Indenture; (ef) To evidence any succession to the Issuer and the assumption by its successor of the covenants, agreements and obligations of the Issuer under this Indenture, the Lease Agreement Indenture and the Senior Bonds; (fg) To permit the use of a book entry system to identify the owner of an interest in an obligation issued by the Issuer under this Indenture, whether that obligation was formerly, or could be, evidenced by a tangible security; (gh) To permit the Trustee to comply with any obligations imposed upon it by law; (hi) To specify further the duties and responsibilities of, and to define further the relationships relationship among, the Trustee, the Tender Agent, the Registrar and any Authenticating Agents or Paying Agents; (ij) To achieve compliance of this Indenture with any applicable federal or state securities or tax law; (j) To provide for a Substitute Letter of Credit or an Alternate Credit Facility and to make any change necessary to facilitate the provision of such Substitute Letter of Credit or Alternate Credit Facility, provided such change shall not adversely affect the interests of the Holders of the Bonds;; and (k) To secure or maintain ratings from a Rating Agencypermit any other amendment which, provided that (i) in the changes necessary to obtain or secure such ratings do not adversely affect the interests judgment of the Holders Trustee, is not to the prejudice of the Bonds and (ii) Trustee or the Trustee receives a Non-Taxability Opinion with respect to such changes, which further opines to the effect that such changes are permitted by applicable law; and (l) To make amendments to the provisions hereof with respect to the Bonds relating to arbitrage matters under Section 148 of the Code, which amendments may, among other things, change the responsibility for making the relevant calculations, but only upon receipt of a Non-Taxability Opinion with respect to the proposed changesHolders. The provisions of Subsections 701(g7.2(h) and (ij) hereof shall not be deemed to constitute a waiver by the Trustee, the Registrar, the Issuer or any Holder of any right which any of them it may have in the absence of those provisions to contest the application of any change in law to this Indenture or the Senior Bonds.

Supplemental Indentures Not Requiring Consent of Holders. The Issuer and the Trustee may, without Without the consent of, or notice to, any of the Holders, the Authorized Official, upon behalf of the Issuer, and the Trustee may enter into an indenture or indentures supplemental to this Indenture to accomplish which shall not, in the opinion of the Authorized Official and the Trustee, be knowingly inconsistent with the terms and provisions hereof for any one or more of the following purposes: (a) To cure any ambiguity ambiguity, inconsistency or formal defect or omission in this Indenture; (b) To grant to or confer upon the Holders or the Trustee for the benefit of the Holders any additional rights, remedies, powers or authority that lawfully may lawfully be granted to or conferred upon the Holders or the Trustee; (c) To subject to assign additional revenues under this Indenture additional revenues, properties or collateralIndenture; (d) To accept additional security and instruments and documents of further assurance with respect to the Project; (e) To add to the covenants, agreements and obligations of the Issuer under this Indenture, other covenants, agreements and obligations to be observed for the protection of the Holders, or to surrender or limit any right, power or authority reserved to or conferred upon the Issuer in this Indenture, including, without limitation, the limitation of rights of redemption so that in certain instances Bonds of different series will be redeemed in some prescribed relationship to one another for the protection of the Holders of a particular series of Bonds; (ef) To evidence any succession to the Issuer and the assumption by its successor of the covenants, agreements and obligations of the Issuer under this Indenture, the Lease Agreement and the Bonds; (fg) To make necessary or advisable amendments or additions in connection with the issuance of Additional Bonds in accordance with Section 2.04 hereof as do not adversely affect the interests of Holders of outstanding Bonds; (h) To permit the exchange of Bonds, at the option of the Holder or Holders thereof, for coupon Bonds of the same series payable to bearer, in an aggregate principal amount not exceeding the unmatured and unredeemed principal amount of the Predecessor Bonds, bearing interest at the same rate or rates and maturing on the same date or dates, with coupons attached representing all unpaid interest due or to become due thereon if, in the opinion of Bond Counsel, that exchange would not result in the interest on any of the Bonds outstanding being included in the gross income of the Holders for federal income tax purposes; (i) To permit the use of a book entry system to identify the owner of an interest in an obligation issued by the Issuer under this Indenture, whether that obligation was formerly, or could be, evidenced by a tangible security; (gj) To permit the Trustee to comply with any obligations imposed upon it by law; (hk) To specify further the duties and responsibilities of, and to define further the relationships relationship among, the Trustee, Trustee and the Tender Agent, the Registrar and any Authenticating Agents or Paying AgentsRegistrar; (i1) To achieve compliance of this Indenture with any applicable federal or state securities or tax law; (j) To provide for a Substitute Letter of Credit or an Alternate Credit Facility and to make any change necessary to facilitate the provision of such Substitute Letter of Credit or Alternate Credit Facility, provided such change shall not adversely affect the interests of the Holders of the Bonds; (k) To secure or maintain ratings from a Rating Agency, provided that (i) the changes necessary to obtain or secure such ratings do not adversely affect the interests of the Holders of the Bonds and (ii) the Trustee receives a Non-Taxability Opinion with respect to such changes, which further opines to the effect that such changes are permitted by applicable law; and (l) To make amendments to the provisions hereof with respect to the Bonds relating to arbitrage matters under Section 148 of the Code, which amendments may, among other things, change the responsibility for making the relevant calculations, but only upon receipt of a Non-Taxability Opinion with respect to the proposed changes. The provisions of Subsections 701(g) and (i) hereof shall not be deemed to constitute a waiver by the Trustee, the Registrar, the Issuer or any Holder of any right which any of them may have in the absence of those provisions to contest the application of any change in law to this Indenture or the Bonds.