Common use of Supplemental Indentures Requiring Consent of Bondowners Clause in Contracts

Supplemental Indentures Requiring Consent of Bondowners. Except as otherwise provided in Section 13.01, any modification or amendment of the Indenture may be made only with the consent of the owners of not less than two-thirds in aggregate principal amount of the Bonds then outstanding and shall be set forth in a Supplemental Indenture. No such modification or amendment shall be made which will reduce the percentages of aggregate principal amount of Bonds, the consent of the owners of which is required for any such modification or amendment, or permit the creation by the Authority of any lien prior to or on a parity with the lien of the Indenture upon the Company Note Payments and other funds pledged hereunder, or which will affect the times, amounts and currency of payment of the principal of and premium, if any, and interest on the Bonds without the consent of the owners of all Bonds then outstanding and affected thereby. If at any time the Authority shall request the consent of Bondowners to the execution of any such Supplemental Indenture for any of the purposes of this Section, the Trustee shall, upon being satisfactorily indemnified with respect to expenses, cause notice of the proposed execution of such Supplemental Indenture to be given as shall be reasonably requested by the Authority and in any event mailed to Bondowners in the manner provided in Section 16.05. Such notice shall briefly set forth the nature of the proposed Supplemental Indenture and shall state that copies thereof are on file at the Corporate Trust Office of the Trustee for inspection by all Bondowners. If, within 60 days or such longer period as shall be prescribed by the Authority following the mailing of such notice, the required consent and approval of Bondowners is obtained, no owner of any Bond shall have any right to object to any of the terms and provisions contained therein, or the operation thereof, or in any manner to question the propriety of the execution thereof, or to enjoin or restrain the Authority or the Trustee from executing the same or restrain the Authority or the Trustee from taking any action pursuant to the provisions thereof. Upon the execution of any such Supplemental Indenture as in this Section is permitted and provided, the Indenture shall be and be deemed to be modified and amended in accordance therewith. The Trustee shall consent to any such Supplemental Indenture requiring the consent of Bondowners if the required consent of Bondowners is obtained; provided that the Trustee may, but shall not be obligated to consent to any Supplemental Indenture which affects its own rights, powers, duties or obligations hereunder.

Supplemental Indentures Requiring Consent of Bondowners. Except as otherwise provided Exclusive of Supplemental Indentures covered by Section 1001 hereof and subject to the terms and provisions contained in Section 13.01this Section, any modification or amendment and not otherwise, the Owners (within the meaning of this Indenture and the Indenture may be made only with the consent of the owners Series 0000X Xxxxxxxxx) of not less than two-thirds 51% in aggregate principal amount of the Bonds and the Series 1994A Bonds then outstanding and shall be set forth in a Supplemental Indenture. No such modification or amendment shall be made which will reduce have the percentages of aggregate principal amount of Bondsright from time to time, with the prior written consent of the owners of which is Credit Enhancer and, if required for any such modification or amendmentpursuant to Section 1003 hereof, or permit the creation Borrower, anything contained in this Indenture to the contrary notwithstanding, to consent to and approve the execution by the Authority Issuer and the Trustee of any lien prior such other Supplemental Indenture or Supplemental Indentures as shall be deemed necessary and desirable by the Issuer for the purpose of modifying, amending, adding to or on a parity with the lien rescinding, in any particular, any of the terms or provisions contained in this Indenture upon the Company Note Payments and other funds pledged hereunderor in any Supplemental Indenture (including any consents that may be given in connection with an exchange or tender offer); provided, however, that nothing in this Section contained shall permit or which will affect the times, amounts and currency of payment of the principal of and premium, if any, and interest on the Bonds be construed as permitting without the consent of the owners Owners (within the meaning of all this Indenture and the Series 0000X Xxxxxxxxx) of 100% of the Bonds and the Series 1994A Bonds then outstanding outstanding, the Issuer, the Trustee and affected therebythe Credit Enhancer, (a) an extension of the maturity of the principal of or the scheduled date of payment of interest on any Bond issued hereunder, or (b) a reduction in the principal amount, redemption premium or any interest payable on any Bond, or (c) a privilege or priority of any Bond or Bonds over any other Bond or Bonds, or (d) a reduction in the aggregate principal amount of Bonds the Owners of which are required for consent to any such Supplemental Indenture, or (e) any modification of the redemption or tender features of the Bonds, or (f) any change which results in the lowering of the then-current rating on the Bonds; and provided, further, that in the event a Supplemental Indenture is entered into in accordance with this Section, a corresponding supplemental indenture, if appropriate under the circumstances, shall be entered into with respect to the Series 0000X Xxxxxxxxx. If at any time the Authority Issuer shall request the consent of Bondowners Trustee to the execution of enter into any such Supplemental Indenture for any of the purposes of this Section, the Trustee shall, upon being satisfactorily indemnified with respect to expenses, shall cause notice of the proposed execution of such Supplemental Indenture to be given as mailed to each Bondowner, each owner of the Series 1994A Bonds and the Credit Enhancer (and a copy of such proposed Supplemental Indenture shall be reasonably requested by mailed with such notice to the Authority and in any event mailed to Bondowners in the manner provided in Section 16.05Credit Enhancer. Such notice shall briefly set forth the nature of the proposed Supplemental Indenture and shall state that copies thereof are on file at the Corporate Trust Principal Office of the Trustee for inspection by all BondownersBondowners and owners of the Series 1994A Bonds and a copy of such proposed supplemental Indenture shall be mailed with such notice t6 the Credit Enhancer. If, If within 60 days or such longer period as shall be prescribed by the Authority Issuer following the mailing of such notice, the required consent Credit Enhancer and approval the Owners (within the meaning of Bondowners is obtainedthis Indenture and the Series 0000X Xxxxxxxxx) of not less than fifty-one percent (51%) in aggregate principal amount of the Bonds and the Series 1994A Bonds then outstanding at the time of the execution of any such Supplemental Indenture shall have consented to and approved the execution thereof as herein provided, no owner Owner of any Bond shall have any right to object to any of the terms and provisions contained therein, or the operation thereof, or in any manner to question the propriety of the execution thereof, or to enjoin or restrain the Authority Trustee or the Trustee Issuer from executing the same or restrain the Authority or the Trustee from taking any action pursuant to the provisions thereof. Upon the execution of any such Supplemental Indenture as in this Section is permitted and provided, the this Indenture shall be and be deemed to be modified and amended in accordance therewith. The Trustee shall consent to any such Supplemental Indenture requiring the consent of Bondowners if the required consent of Bondowners is obtained; provided that the Trustee may, but shall not be obligated to consent to any Supplemental Indenture which affects its own rights, powers, duties or obligations hereunder.

Supplemental Indentures Requiring Consent of Bondowners. Except as otherwise provided Subject to the terms and provisions contained in Section 13.01this Section, any modification or amendment of the Indenture may be made only and not otherwise, with the written consent of the Borrower, the owners of not less than two-thirds in aggregate one hundred percent (100%) of the principal amount of the Bonds then outstanding shall have the right, from time to time, anything contained in this Indenture to the contrary notwithstanding, to consent to and approve the execution by the Issuer and the Trustee of such indenture or indentures supplemental hereto as shall be set forth deemed necessary and desirable by the Bondholder for the purpose of modifying, altering, amending, adding to or rescinding, in any particular, any of the terms or provisions contained in this Indenture or in any supplemental indenture; provided, however, that nothing herein contained shall permit or be construed as permitting (a) an extension of the maturity of the principal of or the interest on any Bond issued hereunder, or (b) a Supplemental Indenture. No such modification or amendment shall be made which will reduce reduction in the percentages of aggregate principal amount of Bonds, any Bond or redemption premium or the consent rate of the owners of which is required for any such modification or amendmentinterest thereon, or permit (c) the creation by the Authority of any lien ranking prior to or on a parity with the lien of this Indenture on the Indenture upon the Company Note Payments and other funds pledged hereunderTrust Estate, except as expressly permitted herein, or which will affect (d) a privilege or priority of any Bond or Bonds over any other Bond or Bonds or (e) a reduction in the times, amounts and currency of payment aggregate principal amount of the principal Bonds required for consent to such supplemental indenture. Nothing herein contained, however, shall be construed as making necessary the approval of and premium, if any, and interest on the Bonds without the consent bondowners of the owners execution of all Bonds then outstanding and affected therebyany supplemental indenture as provided in Section 11.01 of this Article. If at any time the Authority Bondholder or the Borrower shall request the consent of Bondowners Trustee to the execution of enter into any such Supplemental Indenture supplemental indenture for any of the purposes of this Section, the Trustee shall, upon being satisfactorily indemnified with respect to expenses, at the expense of the Borrower cause notice of the proposed execution of such Supplemental Indenture supplemental indenture to be given as shall be reasonably requested mailed by first class mail or sent by other acceptable standard, including facsimile or e-mail, to each owner at his, her or its address on the Bond registration book maintained by the Authority and in any event mailed to Bondowners in the manner provided in Section 16.05Trustee. Such notice shall be prepared by the Issuer, Bondholder or Borrower and shall briefly set forth the nature of the proposed Supplemental Indenture supplemental indenture and shall state that copies thereof are on file at the Corporate Trust Office principal office of the Trustee for inspection by all Bondownersbondowners. IfThe Trustee shall not, within 60 days or such longer period as shall however, be prescribed subject to any liability to any bondowner by the Authority following the mailing reason of its failure to disseminate such notice, and any such failure shall not affect the required consent validity of such supplemental indenture consented to and approval of Bondowners is obtained, no owner of any Bond shall have any right to object to any of the terms and provisions contained therein, or the operation thereof, or approved as provided in any manner to question the propriety of the execution thereof, or to enjoin or restrain the Authority or the Trustee from executing the same or restrain the Authority or the Trustee from taking any action pursuant to the provisions thereofthis Section. Upon the execution of any such Supplemental Indenture as in supplemental indenture, this Section is permitted and provided, the Indenture shall be and be deemed to be modified and amended in accordance therewith. The Trustee shall consent to any such Supplemental Indenture requiring the consent of Bondowners if the required consent of Bondowners is obtained; provided that the Trustee may, but shall not be obligated to consent to any Supplemental Indenture which affects its own rights, powers, duties or obligations hereunder.

Supplemental Indentures Requiring Consent of Bondowners. Except as otherwise provided in (a) Exclusive of Supplemental Indentures covered by Section 13.011001 and subject to the provisions of Section 1003, any modification or amendment of the Indenture may be made only with the consent of the owners Owners of not less than two-thirds a majority in aggregate principal amount of the Bonds then outstanding at the time Outstanding shall have the right, from time to time, to consent to and approve the execution by the Issuer and the Trustee of such other Supplemental Indenture or Supplemental Indentures as shall be set forth deemed necessary and desirable by the Issuer for the purpose of modifying, amending, adding to or rescinding, in a any particular, any of the terms or provisions contained in this Indenture or in any Supplemental Indenture. No such modification or amendment ; provided that the consent of all of the Owners of the Bonds then Outstanding shall be made which will reduce required for (i) an extension of the percentages maturity of the principal of or the interest on any Bond, (ii) a reduction in the principal amount of any Bond, the rate of interest or the premium thereon or the purchase price thereof, (iii) a privilege or priority of any Bond or Bonds over any other Bond or Bonds (except as otherwise provided herein), (iv) a reduction in the aggregate principal amount of BondsBonds the Owners of which are required for consent to any such Supplemental Indenture, or (v) any change which, in the consent sole judgment of the owners of which is required for any such modification or amendmentTrustee, or permit adversely affects the creation by the Authority of any lien prior to or on a parity with the lien rights of the Indenture upon the Company Note Payments Owners to tender their Parity Bonds in accordance with Section 306 and other funds pledged hereunder, or which will affect the times, amounts and currency of payment of the principal of and premium, if any, and interest on the Bonds without the consent of the owners of all Bonds then outstanding and affected thereby. 307. (b) If at any time the Authority Issuer shall request the consent of Bondowners Trustee to the execution of enter into any such Supplemental Indenture for any of the purposes of this Section, the Trustee shall, upon being satisfactorily indemnified with respect to expenses, shall cause notice of the proposed execution of such Supplemental Indenture to be given mailed by first class mail, postage prepaid, to each Bondowner at his address as shall be reasonably requested shown by the Authority and in any event mailed to Bondowners in the manner provided in Section 16.05Bond Register. Such notice shall briefly set forth the nature of the proposed Supplemental Indenture and Indenture, shall state that copies thereof are on file at the Corporate Trust Office principal corporate trust office of the Trustee for inspection by all BondownersBondowners and shall state that such Supplemental Indenture shall not become effective until not less than 51% or 100%, as the case may be, of the Bondowners have consented thereto. If, If within 60 days or such longer period as shall be prescribed by the Authority but not exceeding one year following the mailing of such notice, the required consent Owners of not less than the requisite aggregate principal amount of the Bonds Outstanding at the time of the execution of any such Supplemental Indenture shall have consented to and approval of Bondowners is obtainedapproved the execution thereof as herein provided, no owner Owner of any Bond shall have any right to object to any of the terms and provisions contained therein, or the operation thereof, or in any manner to question the propriety of the execution thereof, or to enjoin or restrain the Authority Trustee or the Trustee Issuer from executing the same or restrain the Authority or the Trustee from taking any action pursuant to the provisions thereof. Upon the execution of any such Supplemental Indenture as Nothing in this Section is permitted and provided, contained shall permit or be construed as permitting the Indenture shall be and be deemed to be modified and amended in accordance therewith. The Trustee shall consent to any such Supplemental Indenture requiring modification of the consent of Bondowners if the required consent of Bondowners is obtained; provided that the Trustee may, but shall not be obligated to consent to any Supplemental Indenture which affects its own rights, powers, duties or obligations hereunderimmunities of the Trustee without the written consent of the Trustee.

Supplemental Indentures Requiring Consent of Bondowners. Except as otherwise provided (a) Exclusive of Supplemental Indentures covered by SECTION 1101 hereof and subject to the terms and provisions contained in Section 13.01this Section, any modification or amendment of and not otherwise, the Indenture may be made only with the consent of the owners Owners of not less than two-thirds 50% in aggregate principal amount of the Bonds then outstanding Outstanding shall have the right, from time to time, anything contained in this Indenture to the contrary notwithstanding, to consent to and approve the execution by the City and the Trustee of such other Supplemental Indenture or Supplemental Indentures as shall be set forth deemed necessary and desirable by the City for the purpose of modifying, amending, adding to or rescinding, in a any particular, any of the terms or provisions contained in this Indenture or in any Supplemental Indenture. No such modification ; provided, however, that nothing in this Section contained shall permit or amendment shall be made which will reduce construed as permitting (1) an extension of the percentages maturity or a shortening of the redemption date of the principal of or the interest, if any, on any Bond issued hereunder, (2) a reduction in the principal amount of any Bond or the rate of interest thereon, if any, (3) a privilege or priority of any Bond or Bonds over any other Bond or Bonds, or (4) a reduction in the aggregate principal amount of Bonds, Bonds the consent of the owners Owners of which is are required for consent to any such modification or amendment, or permit the creation by the Authority of any lien prior to or on a parity with the lien of the Indenture upon the Company Note Payments and other funds pledged hereunder, or which will affect the times, amounts and currency of payment of the principal of and premium, if any, and interest on the Bonds without the consent of the owners of all Bonds then outstanding and affected thereby. Supplemental Indenture. (b) If at any the time the Authority City shall request the consent of Bondowners Trustee to the execution of enter into any such Supplemental Indenture for any of the purposes of this Section, the Trustee shall, upon being satisfactorily indemnified with respect to expenses, shall cause notice of the proposed execution of such Supplemental Indenture to be given as shall be reasonably requested by the Authority and in any event mailed to Bondowners in each Bondowner as shown on the manner provided in Section 16.05bond registration books required by SECTION 206 hereof. Such notice shall briefly set forth the nature of the proposed Supplemental Indenture and shall state that copies thereof are on file at the Corporate Trust Office principal corporate trust office of the Trustee for inspection by all Bondowners. If, If within 60 days or such longer period as shall may be prescribed by the Authority City following the mailing and final publication of such notice, the required consent Owners of not less than 50% in aggregate principal amount of the Bonds Outstanding at the time of the execution of any such Supplemental Indenture shall have consented to and approval of Bondowners is obtainedapproved the execution thereof as herein provided, no owner Owner of any Bond shall have any right to object to any of the terms and provisions contained therein, or the operation thereof, or in any manner to question the propriety of the execution thereof, or to enjoin or restrain the Authority Trustee or the Trustee City from executing the same or restrain the Authority or the Trustee from taking any action pursuant to the provisions thereof. Upon the execution of any such Supplemental Indenture as in this Section is permitted and provided, the Indenture shall be and be deemed to be modified and amended in accordance therewith. The Trustee shall consent to any such Supplemental Indenture requiring the consent of Bondowners if the required consent of Bondowners is obtained; provided that the Trustee may, but shall not be obligated to consent to any Supplemental Indenture which affects its own rights, powers, duties or obligations hereunder.

Supplemental Indentures Requiring Consent of Bondowners. Except as otherwise provided Exclusive of Supplemental Indentures covered by Section 1001 hereof and subject to the terms and provisions contained in Section 13.01this Section, any modification or amendment and not otherwise, the Owners (within the meaning of this Indenture and the Indenture may be made only with the consent of the owners Series 1994B Indenture) of not less than two-thirds 51% in aggregate principal amount of the Bonds and the Series 1994B Bonds then outstanding and shall be set forth in a Supplemental Indenture. No such modification or amendment shall be made which will reduce have the percentages of aggregate principal amount of Bondsright from time to time, with the prior written consent of the owners of which is Credit Enhancer and, if required for any such modification or amendmentpursuant to Section 1003 hereof, or permit the creation Borrower, anything contained in this Indenture to the contrary notwithstanding, to consent to and approve the execution by the Authority Issuer and the Trustee of any lien prior such other Supplemental Indenture or Supplemental Indentures as shall be deemed necessary and desirable by the Issuer for the purpose of modifying, amending, adding to or on a parity with the lien rescinding, in any particular, any of the terms or provisions contained in this Indenture upon the Company Note Payments and other funds pledged hereunderor in any Supplemental Indenture (including any consents that may be given in connection with an exchange or tender offer); provided, however, that nothing in this Section contained shall permit or which will affect the times, amounts and currency of payment of the principal of and premium, if any, and interest on the Bonds be construed as permitting without the consent of the owners Owners (within the meaning of all this Indenture and the Series 0000X Xxxxxxxxx) of 100% of the Bonds and the Series 1994B Bonds then outstanding outstanding, the Issuer, the Trustee and affected therebythe Credit Enhancer, (a) an extension of the maturity of the principal of or the scheduled date of payment of interest on any Bond issued hereunder, or (b) a reduction in the principal amount, redemption premium or any interest payable on any Bond, or (c) a privilege or priority of any Bond or Bonds over any other Bond or Bonds, or (d) a reduction in the aggregate principal amount of Bonds the Owners of which are required for consent to any such Supplemental Indenture, or (e) any modification of the redemption or tender features of the Bonds, or (f) any change which results in the lowering of the then-current rating on the Bonds; and provided, further, that in the event a Supplemental Indenture is entered into in accordance with this Section, a corresponding supplemental indenture, if appropriate under the circumstances, shall be entered into with respect to the Series 1994B Indenture. If at any time the Authority Issuer shall request the consent of Bondowners Trustee to the execution of enter into any such Supplemental Indenture for any of the purposes of this Section, the Trustee shall, upon being satisfactorily indemnified with respect to expenses, shall cause notice of the proposed execution of such Supplemental Indenture to be given as mailed to each Bondowner, each owner of Series 1994B Bonds and the Credit Enhancer (and a copy of such proposed Supplemental Indenture shall be reasonably requested by mailed with such notice to the Authority and in any event mailed to Bondowners in the manner provided in Section 16.05Credit Enhancer. Such notice shall briefly set forth the nature of the proposed Supplemental Indenture and shall state that copies thereof are on file at the Corporate Trust Principal Office of the Trustee for inspection by all BondownersBondowners and owners of the Series 1994B Bonds and a copy of such proposed supplemental Indenture shall be mailed with such notice to the Credit Enhancer. If, If within 60 days or such longer period as shall be prescribed by the Authority Issuer following the mailing of such notice, the required consent Credit Enhancer and approval the Owners (within the meaning of Bondowners is obtainedthis Indenture and the Series 1994B Indenture) of not less than fifty-one percent (51%) in aggregate principal amount of the Bonds and the Series 1994B Bonds then outstanding at the time of the execution of any such Supplemental Indenture shall have consented to and approved the execution thereof as herein provided, no owner Owner of any Bond shall have any right to object to any of the terms and provisions contained therein, or the operation thereof, or in any manner to question the propriety of the execution thereof, or to enjoin or restrain the Authority Trustee or the Trustee Issuer from executing the same or restrain the Authority or the Trustee from taking any action pursuant to the provisions thereof. Upon the execution of any such Supplemental Indenture as in this Section is permitted and provided, the this Indenture shall be and be deemed to be modified and amended in accordance therewith. The Trustee shall consent to any such Supplemental Indenture requiring the consent of Bondowners if the required consent of Bondowners is obtained; provided that the Trustee may, but shall not be obligated to consent to any Supplemental Indenture which affects its own rights, powers, duties or obligations hereunder.