Agenda - Council - 08/13/2013 - Laserfiche WebLink

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ARTICLE XI SUPPLEMENTAL INDENTURES Section 11.01 Supplenzental Indentures Not Requiring Consent of Registered Owners. The Issuer and the Trustee may, without consent of, or notice to, any of the Registered Owners, enter into an indenture or indentures supplemental to this Indenture for any one or more of the following purposes: (a) To cure any ambiguity or formal defect or omission in this Indenture; (b) To grant to or confer upon the Trustee for the benefit of the Registered Owners any additional rights, remedies, powers or authorities that may lawfully be granted to or conferred upon the Registered Owners or the Trustee and to make any change which is not to the material prejudice of the Registered Owners of the Bonds; (c) To subject to this Indenture additional revenues, properties, or collateral; (d) To modify, amend, or supplement this Indenture or any indenture supplemental hereto in such manner as to permit the qualification hereof and thereof under the Trust Indenture Act of 1939, as amended, or any similar federal statute hereafter in effect or to permit the qualification of the Bonds for sale under the securities laws of any of the states of the United States of America; (e) To evidence the appointment of a separate or Co -Trustee or the succession of a new Trustee or paying agent hereunder; (f) To amend or modify any provisions of this Indenture so long as such amendment or modification does not materially adversely affect the interests of the registered owners of the Bonds; or (g) To provide for the issuance of Additional Bonds in accordance with the provisions of Section 2.12 hereof. An executed copy of any supplement to this Indenture shall be provided to the Majority Bondholder. Section 11.02 Supplemental Indentures Requiring Consent of Registered Owners. Exclusive of supplemental indentures permitted by Section 11.01 hereof and subject to the terms and provisions contained in this Section, and not otherwise, the Registered Owners of not less than 2/3 in aggregate principal amount of the Outstanding Bonds 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 other indenture or indentures supplemental hereto as shall be deemed necessary and desirable by the Issuer 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 in this Section or in Section 11.01 hereof shall permit, or be construed as permitting, without the consent of the Registered Owners of each Outstanding Bond affected thereby, (a) an extension of the maturity of the principal of, or the interest on, any Bond issued hereunder, or (b) a reduction in the principal amount of, or redemption premium on, any Bond or the rate of interest thereon, 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 the Bonds required for consent to such supplemental indentures or any modifications or waiver of the provisions of the Loan Agreement, or (e) the creation of any lien ranking 46 5600797v 1