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10B Action 2009 1221
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10B Action 2009 1221
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Last modified
12/17/2009 10:13:45 AM
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12/17/2009 10:13:36 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
12/21/2009
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_CC Agenda 2009 1221
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2009\Packet 2009 1221
RDA Reso 2009-024
(Reference)
Path:
\City Clerk\City Council\Resolutions\2009
Reso 2009-170
(Reference)
Path:
\City Clerk\City Council\Resolutions\2009
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ARTICLE VII <br />MODIFICATION OR AMENDMENT OF THIS INDENTURE <br />Section 7.01. Amendment With And Without Consent of Owners. This Indenture <br />and the rights and obligations of the Agency and of the Owners may be modified or amended at <br />any time by a Supplemental Indenture which shall become binding upon adoption without the <br />consent of any Owners, to the extent permitted by law, but only for any one or more of the <br />following purposes - <br />(a) to add to the covenants and agreements of the Agency in this Indenture <br />contained, other covenants and agreements thereafter to be observed, or to limit or <br />surrender any rights or powers herein reserved to or conferred upon the Agency; or <br />(b) to make such provisions for the purpose of curing any ambiguity, or of <br />curing, correcting or supplementing any defective provision contained in this Indenture, <br />or in any other respect whatsoever as the Agency may deem necessary or desirable, <br />provided under any circumstances that such modifications or amendments shall not, in <br />the reasonable determination of the Agency, materially adversely affect the interests of <br />the Owners; or <br />(c) to provide for the issuance of Parity Debt in accordance with Section <br />3.05; or <br />(d) to amend any provision hereof relating to the requirements of or <br />compliance with the Code, to any extent whatsoever but only if and to the extent such <br />amendment will not adversely affect the exemption from federal income taxation of <br />interest on any of the Bonds, in the opinion of Bond Counsel; or <br />(e) to comply with the requirements of a provider of a Qualified Reserve <br />Account Credit Instrument. <br />Except as set forth in the preceding paragraph, this Indenture and the rights and <br />obligations of the Agency and of the Owners may be modified or amended at any time by a <br />Supplemental Indenture which shall become binding when the written consent of any Insurer <br />and the Owners of a majority in aggregate principal amount of the Bonds then Outstanding are <br />filed with the Trustee. No such modification or amendment shall (a) extend the maturity of or <br />reduce the interest rate on any Bond or otherwise alter or impair the obligation of the Agency to <br />pay the principal, interest, or redemption premiums (if any) at the time and place and at the rate <br />and in the currency provided therein of any Bond without the express written consent of any <br />Insurer or the Owner of such Bond, or (b) reduce the percentage of Bonds required for the <br />written consent to any such amendment or modification. In no event shall any Supplemental <br />Indenture modify any of the rights or obligations of the Trustee without its prior written consent. <br />In no event shall any Supplemental Indenture modify any of the rights or obligations of any <br />Insurer without its prior written consent. <br />Section 7.02. Effect of Supplemental Indenture. From and after the time any <br />Supplemental Indenture becomes effective pursuant to this Article VII, this Indenture shall be <br />deemed to be modified and amended in accordance therewith, the respective rights, duties and <br />obligations of the parties hereto or thereto and all Owners, as the case may be, shall thereafter <br />be determined, exercised and enforced hereunder subject in all respects to such modification <br />37 <br />
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