Agenda - Council - 07/12/2022 - Laserfiche WebLink

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indenture or indentures supplemental hereto 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. Notwithstanding the foregoing, nothing in this Section or in Section 10.1 hereof shall permit, or be construed as permitting,without the consent of the Bondholders of not less than [2/31 [seventy-five percent(75%)] in aggregate principal amount of the Outstanding Bonds, any of the following: (a) an extension of the maturity of the principal of, or the interest on, any Bond issued under this Indenture; (b) a reduction in the principal amount of,or redemption premium on,any Bond or the rate of interest thereon; (c) the creation of any lien ranking prior to or on a parity with the lien of this Indenture on the Trust Estate or any part thereof other than to provide for the issuance of parity Additional Bonds in accordance with the provisions of Section 2.12 of this Indenture; or (d) the deprivation of the Bondholder of any Outstanding Bond of the lien hereby created on the Trust Estate, and provided further, that nothing in this Section or in Section 10.1 of this Indenture shall permit, or be construed as permitting, without the consent of the Bondholders of all Outstanding Bonds (i) a privilege or priority of any Bond or Bonds over any other Bond or Bonds; or (ii) 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 any Security Document. If at any time the Issuer requests the Trustee to enter into any such supplemental indenture for any of the purposes of this Section, the Trustee shall, upon being satisfactorily indemnified with respect to expenses, cause notice of the proposed execution of such supplemental indenture, together with a copy of the proposed supplemental indenture to be posted on EMMA and given to the Bondholders through the Depository to the Registered Owner(s) required by the terms of Section 2.8 of this Indenture to be kept at the designated corporate trust office of the Trustee. Such notices shall be prepared by the Company on behalf of the Issuer and shall briefly set forth the nature of the proposed supplemental indenture. If [within forty-five (45) days following such notices,] the required Bondholder consents shall have been received by the Trustee,no Bondholder of any Bond shall have any right to obj ect to any of the terms and provisions contained therein, or the operation thereof, or in any manner to question the propriety of the execution thereof, or to enjoin or restrain the Trustee or the Issuer from executing the same or from taking any action pursuant to the provisions thereof. Upon the execution of any such supplemental indenture as in this Section permitted and provided, this Indenture shall be and be deemed to be modified and amended in accordance therewith. Anything herein to the contrary notwithstanding, a supplemental indenture under this Article shall not become effective unless and until the Company shall have consented to the 72 735810810