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Agenda - Council - 08/13/2013
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Agenda - Council - 08/13/2013
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Agenda
Meeting Type
Council
Document Date
08/13/2013
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or rescission all an -cars of principal and interest (other than principal of or interest on the Bonds <br />which became due and payable by declaration of acceleration), both, to the extent permitted by <br />law, and all expenses of the Trustee in connection with such Event of Default will have been <br />paid or provided for. In case of any such waiver or rescission, or in case any proceeding taken <br />by the Trustee on account of any such Default has been discontinued or abandoned or <br />determined adversely, then and in every such case, the Issuer, the Trustee, and the Registered <br />Owners of the Bonds will be restored to their former positions and rights under the Indenture, <br />respectively, but no such waiver or rescission will extend to any subsequent or other Default or <br />impair any right consequent thereon. <br />Supplemental Indentures <br />The Issuer and the Trustee may enter into indentures supplemental to the Indenture <br />without the consent of or notice to the Registered Owners of the Bonds for any one or more of <br />the following purposes: (a) to cure any ambiguity or formal defect or omission in the Indenture; <br />(b) to grant to or confer upon the Trustee for the benefit of the Registered Owners of the Bonds <br />any additional rights, remedies, powers or authorities that may lawfully be granted to or <br />conferred upon the Registered Owners of the Bonds or the Trustee to make any change which, in <br />the opinion of the Trustee, is not to the material prejudice of the Registered Owners of the <br />Bonds; (c) to subject to the Indenture additional revenues, properties or collateral; (d) to modify, <br />amend, or supplement the Indenture or any indenture supplemental thereto in such manner as to <br />permit the qualification thereof under the Trust Indenture Act of 1939, as amended, or any <br />similar federal statute then in effect or to permit the qualification of the Bonds for sale under the <br />securities laws of any of the states of the United States of America; (e) to evidence the <br />appointment of a separate Trustee or a Co -Trustee or the succession of a new Trustee or paying <br />agent under the Indenture; (f) to amend or modify any provisions of the Indenture so long as <br />such amendment or modification does not materially adversely affect the interests of the <br />registered owner of the Bonds; and (g) to provide for the issuance of Additional Bonds in <br />accordance with the provisions of the Indenture. <br />Exclusive of supplemental indentures for the purposes set forth in the previous paragraph, <br />the consent of the Registered Owners of not less than 2/3 in aggregate principal amount of <br />Outstanding Bonds is required to approve any supplemental indenture, except no supplemental <br />indentures may permit without the consent of the Registered Owners of each Bond outstanding <br />affected thereby (i) an extension of the maturity of the principal of, or the interest on, any Bond <br />issued under the Indenture, (ii) a reduction in the principal amount of, or redemption premium <br />on, any Bond or the rate of interest thereon, (iii) a privilege or priority of any Bond or Bonds <br />over any other Bond or Bonds, (iv) a reduction in the aggregate principal amount of the Bonds <br />required for consent to such supplemental indentures of any modification or waiver of the <br />provisions of the Loan Agreement, (v) the creation of any lien ranking prior to or on a parity <br />with the lien of the Indenture, or any part thereof, or (vi) the deprivation of the Registered Owner <br />of any Outstanding Bond of the lien of the Indenture. <br />No supplemental indenture will become effective unless and until the Company has <br />consented to the execution and delivery thereof. <br />E-S <br />
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