Common use of Supplemental Indentures Without Owner Consent Clause in Contracts

Supplemental Indentures Without Owner Consent. The Authority and the Trustee may, from time to time and at any time, without the consent of or notice to the Owners of the Bonds, enter into Supplemental Indentures as follows: (a) to cure any formal defect, omission, inconsistency or ambiguity in this Indenture, provided, however, that such cure shall not materially and adversely affect the interests of the Owners of the Bonds; (b) to grant to or confer or impose upon the Trustee for the benefit of the Owners of the Bonds any additional rights, remedies, powers, authority, security, liabilities or duties which may lawfully be granted, conferred or imposed; (c) to add to the covenants and agreements of, and limitations and restrictions upon, the Authority in this Indenture other covenants, agreements, limitations and restrictions to be observed by the Authority; (d) to confirm, as further assurance, any pledge under, and the subjection to any claim, lien or pledge created or to be created by, this Indenture, of the Receipts and Revenues of the Authority from the Loan Agreement or of any other moneys, securities or funds; (e) to authorize a different denomination or denominations of the Bonds and to make correlative amendments and modifications to this Indenture regarding exchange ability of Bonds of different denominations, redemptions of portions of Bonds of particular denominations and similar amendments and modifications of a technical nature; (f) to modify, alter, supplement or amend this Indenture in such manner as shall permit the qualification hereof under the Trust Indenture Act of 1939, as from time to time amended; (g) to modify, alter, supplement or amend this Indenture in such manner as shall be necessary, desirable or appropriate in order to provide for or eliminate the registration and registration of transfer of the Bonds through a book-entry or similar method, whether or not the Bonds are evidenced by certificates; (h) to modify, alter, amend or supplement this Indenture in any other respect which is not materially adverse to the Owners and which does not involve a change described in clause (i), (ii), (iii) or (iv) of Section 12.03(a) hereof; and (i) to provide any additional procedures, covenants or agreements necessary or desirable to maintain the tax-exempt status of interest on the Bonds. Before the Authority and the Trustee shall enter into any Supplemental Indenture pursuant to this Section 12.02, there shall have been delivered to the Trustee an opinion of Bond Counsel stating that such Supplemental Indenture is authorized or permitted by this Indenture and the Act, complies with their respective terms, will, upon the execution and delivery thereof, be valid and binding upon the Authority in accordance with its terms and will not, in and of itself, adversely affect the exclusion from gross income for federal tax purposes of the interest on the Bonds.

Supplemental Indentures Without Owner Consent. The Authority Pollution Control Corporation and the Trustee may, from time to time and at any time, without the consent of or notice to the Owners of the Bonds, enter into Supplemental Indentures as follows: (a) to cure any formal defect, omission, inconsistency or ambiguity in this Indenture, provided, however, that such cure shall not materially and adversely affect the interests of the Owners of the Bonds; (b) to grant to or confer or impose upon the Trustee for the benefit of the Owners of the Bonds any additional rights, remedies, powers, authority, security, liabilities or duties which may lawfully be granted, conferred or imposed; (c) to add to the covenants and agreements of, and limitations and restrictions upon, the Authority Pollution Control Corporation in this Indenture other covenants, agreements, limitations and restrictions to be observed by the AuthorityPollution Control Corporation; (d) to confirm, as further assurance, any pledge under, and the subjection to any claim, lien or pledge created or to be created by, this Indenture, of the Receipts and Revenues of the Authority Pollution Control Corporation from the Loan Agreement or of any other moneys, securities or funds; (e) to authorize a different denomination or denominations of the Bonds and to make correlative amendments and modifications to this Indenture regarding exchange ability of Bonds of different denominations, redemptions of portions of Bonds of particular denominations and similar amendments and modifications of a technical nature; (f) to modify, alter, supplement or amend this Indenture in such manner as shall permit the qualification hereof under the Trust Indenture Act of 1939, as from time to time amended; (g) to modify, alter, supplement or amend this Indenture in such manner as shall be necessary, desirable or appropriate in order to provide for or eliminate the registration and registration of transfer of the Bonds through a book-entry or similar method, whether or not the Bonds are evidenced by certificates; (h) to modify, alter, amend or supplement this Indenture in any other respect which is not materially adverse to the Owners and which does not involve a change described in clause (i), (ii), (iii) or (iv) of Section 12.03(a) hereof; and (i) to provide any additional procedures, covenants or agreements necessary or desirable to maintain the tax-exempt status of interest on the Bonds. Before the Authority Pollution Control Corporation and the Trustee shall enter into any Supplemental Indenture pursuant to this Section 12.02, there shall have been delivered to the Trustee an opinion of Bond Counsel stating that such Supplemental Indenture is authorized or permitted by this Indenture and the Act, complies with their respective terms, will, upon the execution and delivery thereof, be valid and binding upon the Authority Pollution Control Corporation in accordance with its terms and will not, in and of itself, adversely affect the exclusion from gross income for federal tax purposes of the interest on the Bonds.

Supplemental Indentures Without Owner Consent. The Authority Subject to the Subordination Agreement, the Issuer and the Trustee may, from time to time and at any time, without the consent of or notice to the Owners of the BondsOwners, enter into a Supplemental Indentures Indenture as follows: (a) to cure any formal defect, omission, inconsistency or ambiguity in this Indenture, provided, however, that such cure shall not materially and adversely affect the interests of the Owners of the Bonds; (b) to grant to or confer or impose upon the Trustee for the benefit of the Owners of the Bonds any additional rights, remedies, powers, authority, security, liabilities or duties which may lawfully be granted, conferred or imposed; (c) to add to the covenants and agreements of, and limitations and restrictions upon, of the Authority Issuer contained in this Indenture or of the Company contained in any document, other covenants, agreements, limitations and restrictions covenants or agreements thereafter to be observed by observed, or to assign or pledge additional security for any of the AuthorityBonds, or to surrender any right or power reserved or conferred upon the Issuer or the Company, which in the judgment of the Trustee is not materially adverse to the Owners of the Bonds (in making such determination, the Trustee may, but is not required to, rely conclusively upon an opinion of counsel); (dc) to confirm, as further assurance, any pledge under, and of or lien on the subjection to any claim, lien Revenues or pledge created or to be created by, this Indenture, of the Receipts and Revenues of the Authority from the Loan Agreement or of any other moneys, securities or fundsfunds subject or to be subjected to the lien of this Indenture; (ed) to authorize a different denomination or denominations comply with the requirements of the Bonds and to make correlative amendments and modifications to this Indenture regarding exchange ability of Bonds of different denominations, redemptions of portions of Bonds of particular denominations and similar amendments and modifications of a technical nature; (f) to modify, alter, supplement or amend this Indenture in such manner as shall permit the qualification hereof under the Trust Indenture Act of 1939, as from time to time amended, if applicable to this Indenture; (g) to modify, alter, supplement or amend this Indenture in such manner as shall be necessary, desirable or appropriate in order to provide for or eliminate the registration and registration of transfer of the Bonds through a book-entry or similar method, whether or not the Bonds are evidenced by certificates; (he) to modify, alter, amend or supplement this Indenture or any Supplemental Indenture in any other respect which in the judgment of the Trustee is not materially adverse to the Owners of the Bonds (in making such determination, the Trustee may, but is not required to, rely conclusively upon an opinion of counsel); (f) to modify, alter, amend or supplement or restate this Indenture or any Supplemental Indenture in any and which does not involve all respects necessary, desirable or appropriate in connection with the delivery to the Trustee of bond insurance or other security arrangements obtained or provided by the Company; (g) to provide for a change described depository to accept Bonds in clause lieu of DTC; (i), (ii), (iiih) to modify or (iv) eliminate the book-entry registration system for any of Section 12.03(a) hereof; andthe Bonds; (i) to provide any additional procedures, covenants for uncertificated Bonds or agreements necessary for the issuance of coupons and bearer Bonds or desirable Bonds registered only as to maintain principal but only to the taxextent that such would not adversely affect the Tax-exempt Exempt status of the Bonds; (j) to secure or maintain ratings on the Bonds from Xxxxx’x and/or S&P; (k) to provide demand purchase obligations to cause the Bonds to be authorized purchases for investment companies; (l) to provide for the appointment of a successor Trustee and Registrar; (m) to provide the procedures required to permit any Owner to separate the right to receive interest on the BondsBonds from the right to receive principal thereof and to sell or dispose of such right as contemplated by Section 1286 of the Code (or similar successor provision); (n) to make any change necessary (i) to establish or maintain the Tax-Exempt status of the Bonds as a result of any modifications or amendments to Section 148 of the Code (or any successor provision of law) or interpretations thereof by the Internal Revenue Service, or (ii) to comply with the provisions of Section 148(f) of the Code (or any successor provision of law), including provisions for the payment of all or a portion of the investment earnings of any of the Funds established hereunder to the United States of America; and (o) to provide for the issuance of Additional Senior Indebtedness in accordance with Section 4.02 of the Agreement. Before the Authority Issuer and the Trustee shall enter into any Supplemental Indenture pursuant to this Section 12.0211.01, in all cases, there shall have been delivered to the Trustee an opinion and the Company, a Favorable Opinion of Bond Counsel with respect to such Supplemental Indenture and further stating that such Supplemental Indenture is authorized or permitted by this Indenture and the Act, complies with their respective terms, will, upon the execution and delivery thereof, be valid and binding upon the Authority Issuer in accordance with its terms terms. Neither the Issuer nor the Trustee will be obligated to enter into any such Supplemental Indenture that would materially alter their respective rights, duties or immunities under this Indenture, the Agreement or otherwise. The Trustee shall provide written notice of any Supplemental Indenture described in this Section 11.01 to Xxxxx’x and will not, in S&P (but only if such corporations are then providing a rating for the Bonds) and to the Owners of itself, adversely affect all Bonds then Outstanding at least 15 days prior to the exclusion from gross income for federal tax purposes effective date of such Supplemental Indenture. Such notice shall state the effective date of such Supplemental Indenture and shall briefly describe the nature of such Supplemental Indenture and shall state that a copy thereof is on file at the Principal Office of the interest on Trustee for inspection by the Bondsparties mentioned in the preceding sentence.