Common use of Without Consent of Bondholders Clause in Contracts

Without Consent of Bondholders. The Issuer and the Trustee may amend or supplement this Indenture or the Bonds without notice to or consent of any Bondholder: (a) to cure any ambiguity, inconsistency or formal defect or omission, (b) to grant to the Trustee for the benefit of the Bondholders additional rights, remedies, powers or authority, (c) to subject to this Indenture additional collateral or to add other agreements of the Issuer, (d) to modify this Indenture or the Bonds to permit qualification under the Trust Indenture Act of 1939, as amended, or any similar federal statute at the time in effect, or to permit the qualification of the Bonds for sale under the securities laws of any state of the United States, (e) 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, (f) to increase or decrease the number of days specified for the giving of notices in Section 2.02 and to make corresponding changes to the period for notice of redemption of the Bonds; provided that no decreases in any such number of days shall become effective except while the Bonds bear interest at a Daily Rate or a Weekly Rate and until 30 days after the Trustee has given notice to the owners of the Bonds, (g) to provide for an uncertificated system of registering the Bonds or to provide for the change to or from a Book-Entry System for the Bonds, (h) to evidence the succession of a new Trustee or the appointment by the Trustee or the Issuer of a co-trustee, or (i) to make any change (including a change in Section 4.01 to reflect any amendment to the Code or interpretations by the Internal Revenue Service of the Code) that does not materially adversely affect the rights of any Bondholder.

Appears in 2 contracts

Samples: Trust Indenture (Gulf Power Co), Trust Indenture (Gulf Power Co)

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Without Consent of Bondholders. The Issuer City and the Trustee may amend or supplement this Indenture or the Bonds without notice to or the consent of any Bondholder: (a) to cure any ambiguity, inconsistency or formal defect or omission,; (b) to grant to the Trustee for the benefit of the Bondholders additional rights, remedies, powers or authority,; (c) to subject to this Indenture additional collateral collateral, but only upon receipt of a Favorable Opinion of Tax Counsel, or to add other agreements of the Issuer,City; (d) to modify this Indenture or the Bonds to permit qualification under the Trust Indenture Act of 1939, as amended, or any similar federal statute at the time in effect, or to permit the qualification of the Bonds for sale under the securities laws of any state of the United States,States of America; (e) 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,; (f) to increase or decrease the number of days specified for the giving of notices in under Section 2.02 and to make corresponding changes to the period for notice of redemption of the Bonds; provided PROVIDED that no decreases in any such number of days shall become effective except while the Series 1997 Bonds bear interest at a Daily Rate or a Weekly Rate and until 30 days after the Trustee has given notice to the owners Owners of the Series 1997 Bonds,; (g) to provide for an uncertificated system of registering the Bonds or to provide for the change to or from a the Book-Entry System for the Bonds,; (h) to evidence the succession of a new Trustee or the appointment by the Trustee or the Issuer City of a co-trustee, or; (i) to make any change (including a change in Section 4.01 to reflect any amendment to the Code or interpretations by the Internal Revenue Service of the Code) that does not materially adversely affect the rights of any Bondholder; (j) to make any change necessary to secure from a Rating Agency a rating on the Series 1997 Bonds equal to the rating on the unsecured indebtedness of the Bank (or parent company of the Bank) or the issuer of any other type of credit enhancement; (k) to provide for the issuance of Additional Bonds; or (l) in connection with the extension of the maturity of the Series 1997 Bonds as provided in Section 9 of the Series 1997 Bonds. Prior to consenting to such amendment or supplement, the Trustee may request, and may conclusively rely, on an Opinion of Counsel that such amendment or supplement complies with this Section.

Appears in 1 contract

Samples: Credit and Reimbursement Agreement (Centerpoint Properties Trust)

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Without Consent of Bondholders. The Issuer and the Trustee may amend or supplement this Indenture or the Bonds without prior notice to or consent of any Bondholder: (a) to cure any ambiguity, inconsistency or formal defect or omission,; (b) to grant to the Trustee for the benefit of the Bondholders additional rights, remedies, powers or authority,; (c) to subject to this Indenture additional collateral or to add other agreements of the Issuer,; (d) to modify this Indenture or the Bonds to permit qualification under the Trust Indenture Act of 1939, as amended, or any similar federal statute at the time in effect, or ; to permit the qualification of the Bonds for sale under the securities laws of any state of the United States,; or to prevent the application of the Investment Company Act of 1940, as amended, to any of the transactions contemplated by, or any of the parties to this Indenture, the Agreement or the Bonds; (e) to authorize different authorized denominations of the provide for uncertificated Bonds and or to make correlative amendments and modifications any change necessary 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 give effect to a technical nature,custody agreement pursuant to Section 2.05(d); (f) to increase or decrease the number of days specified for the giving of notices in Section 2.02 and to make corresponding changes to the period for notice of redemption of the Bonds; provided that no decreases in any such number of days shall become effective except while the Bonds bear interest at a Daily Rate or a Weekly Rate and until 30 days after the Trustee has given notice to the owners of the Bonds, (g) to provide for an uncertificated system of registering the Bonds or to provide for the change to or from a Book-Entry System for the Bonds, (h) to evidence the succession of a new Trustee or the appointment by the Trustee or the Issuer of a co-trustee, or; (g) to make any change to reflect any provision in the Code or the interpretations thereof by the Internal Revenue Service provided that the Trustee first receives an Opinion of Bond Counsel to the effect that such change will not have an adverse impact on the exclusion of interest on the Bonds from the gross income of the owners thereof for purposes of federal income taxation; (h) to make any change not materially adversely affecting any Bondholder's rights requested by the Rating Agency in order to maintain any rating on the Bonds; (i) to make any change not materially adversely affecting any Bondholder's rights to provide for or to implement the provisions of a Letter of Credit; (including j) to make any other change to provide for or to implement the provisions of a change Letter of Credit only if such Letter of Credit and the changes to this Indenture become effective on a Bond Purchase Date in Section 4.01 to reflect any amendment to connection with the Code or interpretations by the Internal Revenue Service mandatory tender of the CodeBonds pursuant to Section 3.08; (k) to make any change to be effective on any Bond Purchase Date in connection with the mandatory tender of Bonds pursuant to Sections 3.07 and 3.08, provided that such change has been disclosed to all owners of Bonds who purchase on such date; (l) to make any change that does not materially adversely affect the rights of any Bondholder; or (m) to add to this Indenture the obligation of the Trustee, the Issuer or the Company to disclose such information regarding the Bonds, the Facilities, the Issuer, the Trustee, the Company, or the Bank as shall be required or recommended to be disclosed in accordance with applicable regulations or guidelines established by, among others, the American Bankers Association Corporate Trust Committee or the Securities and Exchange Commission.

Appears in 1 contract

Samples: Trust Indenture (Wca Waste Corp)

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