Common use of SUPPLEMENTS AND AMENDMENTS TO INDENTURE Clause in Contracts

SUPPLEMENTS AND AMENDMENTS TO INDENTURE. This Indenture may be supplemented or amended only by one or more instruments executed by the Issuer, the Purchaser, the Company and the Depositary, for so long as any obligations are outstanding under the Loan Agreement, the applicable Lender or Lenders. The Depositary will execute any such proposed supplement or amendment on the request of the Purchaser unless the Depositary determines in good faith that its rights or obligations under this Indenture would be adversely affected by such supplement or amendment. If the rights or obligations of the Depositary would be adversely affected by such supplement or amendment, as determined in good faith by the Depositary, the Depositary will have no liability for its refusal to enter into such supplement or amendment. Notwithstanding the generality of the foregoing, if the Purchaser gives notice to the Issuer, the Depositary and the Company of the Purchaser’s desire to have a trustee appointed for the benefit of the Purchaser, to the extent permitted by law the Parties will cooperate in amending this Indenture to facilitate such appointment at the sole cost of the Purchaser. Nothing herein is intended to require the Issuer to act in a fiduciary capacity and if the Purchaser transfers the Bonds in compliance with the conditions set forth on the Bonds and if circumstances arise which would so require, the Issuer has the right to request that a trustee be appointed by and at the expense of the Company and the Parties will cooperate in amending this Indenture to facilitate the making of such appointment.

SUPPLEMENTS AND AMENDMENTS TO INDENTURE. This Indenture may be supplemented or amended only by one or more instruments executed by the Issuer, the Purchaser, the Company Purchaser and the Depositary, for so long as any obligations are outstanding under Depositary and consented to by the Loan Agreement, the applicable Lender or LendersCompany. The Depositary will execute any such proposed supplement or amendment on the request of the Purchaser unless the Depositary determines in good faith that its rights or obligations under this Indenture would be materially and adversely affected by such supplement or amendment. If the rights or obligations of the Depositary would be materially and adversely affected by such supplement or amendment, as determined in good faith by the Depositary, the Depositary will have no liability for its refusal to enter into such supplement or amendment. Notwithstanding the generality of the foregoing, if the Purchaser gives notice to the Issuer, the Depositary and the Company of the Purchaser’s 's desire to have a trustee appointed for the benefit of the Purchaser, to the extent permitted by law the Parties will cooperate in amending this Indenture to facilitate such appointment at the sole cost of the Purchaserappointment. Nothing herein is intended to require the Issuer to act in a fiduciary capacity and if the original Purchaser transfers the Bonds in compliance with the conditions set forth on the Bonds Bond and if circumstances arise which would so require, the Issuer has the right to request that a trustee be appointed by and at the expense of the Company and the Parties will cooperate in amending this Indenture to facilitate the making of such appointment.

SUPPLEMENTS AND AMENDMENTS TO INDENTURE. This Indenture may be supplemented or amended only by one or more instruments executed by the Issuer, the Purchaser, the Company Purchaser and the Depositary, for so long as any obligations are outstanding under Depositary and consented to by the Loan Agreement, the applicable Lender or LendersCompany. The Depositary will execute any such proposed supplement or amendment on the request of the Purchaser unless the Depositary determines in good faith that its rights or obligations under this Indenture would be materially and adversely affected by such supplement or amendment. If the rights or obligations of the Depositary would be materially and adversely affected by such supplement or amendment, as determined in good faith by the Depositary, the Depositary will have no liability for its refusal to enter into such supplement or amendment. Notwithstanding the generality of the foregoing, if the Purchaser gives notice to the Issuer, the Depositary and the Company of the Purchaser’s 's desire to have a trustee appointed for the benefit of the Purchaser, to the extent permitted by law the Parties will cooperate in amending this Indenture to facilitate such appointment at the sole cost of the Purchaserappointment. Nothing herein is intended to require the Issuer to act in a fiduciary capacity and if the original Purchaser transfers the Bonds in compliance with the conditions set forth on the Bonds Bond and if circumstances arise which would so require, the Issuer has the right to request that a trustee be appointed by and at the expense of the Company and the Parties will cooperate in n amending this Indenture to facilitate the making of such appointment.

SUPPLEMENTS AND AMENDMENTS TO INDENTURE. This Indenture may be supplemented or amended only by one or more instruments executed by the IssuerParties. The Issuer in its reasonable discretion may amend this Indenture as requested by the Company, the Purchaserits parent, or any subsidiary or affiliate of the Company and or any financial institutional, lender or other financing party providing all or any part of the DepositaryCompany Financing, for so long as from time to time, provided any obligations are outstanding under such amendment is not inconsistent with the Loan Agreement, the applicable Lender or LendersBond Ordinance. The Depositary will execute any such proposed supplement or amendment on the request of the Purchaser unless the Depositary determines in good faith that its rights or obligations under this Indenture would be materially and adversely affected by such supplement or amendment. If the rights or obligations of the Depositary would be materially and adversely affected by such supplement or amendment, as determined in good faith by the Depositary, the Depositary will have no liability for its refusal to enter into such supplement or amendment. Notwithstanding the generality of the foregoing, if the Purchaser gives notice to the Issuer, the Depositary and the Company of the Purchaser’s desire to have a trustee appointed for the benefit of the Purchaser, to the extent permitted by law law, the Parties will cooperate in amending this Indenture to facilitate such appointment at the sole cost of the Purchaserappointment. Nothing herein is intended to require the Issuer to act in a fiduciary capacity and if the Purchaser transfers the Bonds in compliance with the conditions set forth on in the Bonds and if circumstances arise which would so require, the Issuer has the right to request that a trustee be appointed by and at the expense of the Company and the Parties will cooperate in amending this Indenture to facilitate the making of such appointment.

SUPPLEMENTS AND AMENDMENTS TO INDENTURE. This Indenture may be supplemented or amended only by one or more instruments executed by the Issuer, the PurchaserPurchaser and the Depositary and consented to by the Company. The Issuer in its reasonable discretion may amend this Indenture as requested by the Company, its parent, or any subsidiary or affiliate of the Company and or any financial institutional, lender or other financing party providing all or any part of the DepositaryCompany Financing, for so long as from time to time, provided any obligations are outstanding under such amendment is not inconsistent with the Loan Agreement, the applicable Lender or LendersOrdinance. The Depositary will execute any such proposed supplement or amendment on the request of the Purchaser unless the Depositary determines in good faith that its rights or obligations under this Indenture would be materially and adversely affected by such supplement or amendment. If the rights or obligations of the Depositary would be materially and adversely affected by such supplement or amendment, as determined in good faith by the Depositary, the Depositary will have no liability for its refusal to enter into such supplement or amendment. Notwithstanding the generality of the foregoing, if the Purchaser gives notice to the Issuer, the Depositary and the Company of the Purchaser’s desire to have a trustee appointed for the benefit of the Purchaser, to the extent permitted by law law, the Parties will cooperate in amending this Indenture to facilitate such appointment at the sole cost of the Purchaserappointment. Nothing herein is intended to require the Issuer to act in a fiduciary capacity and if the Purchaser transfers the Bonds Bond in compliance with the conditions set forth on in the Bonds Bond and if circumstances arise which would so require, the Issuer has the right to request that a trustee be appointed by and at the expense of the Company and the Parties will cooperate in amending this Indenture to facilitate the making of such appointment.