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Finance Highlights 2011 1202
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Finance Highlights 2011 1202
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12/13/2011 6:20:44 PM
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12/13/2011 6:17:13 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Committee Highlights
Document Date (6)
12/2/2011
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_CC Agenda 2011 1219
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\City Clerk\City Council\Agenda Packets\2011\Packet 2011 1219
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ARTICLE VII <br />MODIFICATION OR AMENDMENT OF THIS INDENTURE <br />SECTION 7.01. Amendments Permitted. <br />(a) Amendment With Bond Owner Consent This Indenture and the rights and <br />obligations of the City and of the Owners of the Bonds may be modified or amended by the City <br />and the Trustee upon Request of the City at any time by the execution of a Supplemental <br />Indenture, with the written consents of the Owners of a majority in aggregate principal amount <br />of the Bonds then Outstanding, exclusive of Bonds disqualified as provided in Section 9.05. <br />Any such Supplemental Indenture becomes effective upon the execution and delivery thereof <br />by the parties thereto and upon consent of the requisite Bond Owners. No such modification or <br />amendment may: <br />(i) extend the maturity of a Bond or reduce the interest rate thereon, or <br />otherwise alter or impair the obligation of the City to pay the principal <br />thereof, or interest thereon, or any premium payable on the redemption <br />thereof, at the time and place and at the rate and in the currency provided <br />therein, without the written consent of the Owner of that Bond; or <br />(ii) modify any of the rights or obligations of the Trustee without its written <br />consent. <br />(b) Amendment Without Bond Owner Consent This Indenture and the rights and <br />obligations of the City and of the Owners of the Bonds may also be modified or amended at any <br />time by a Supplemental Indenture, without the consent of any Owners of the Bonds, for any one <br />or more of the following purposes: <br />(i) to add to the covenants and agreements of the City contained in this <br />Indenture, other covenants and agreements thereafter to be observed, or <br />to limit or surrender any rights or power herein reserved to or conferred <br />upon the City; <br />(ii) to provide additional security for the Bonds; or <br />(iii) to cure any ambiguity, or to cure, correct or supplement any defective <br />provision contained in this Indenture, or in any other respect whatsoever as <br />the City deems necessary or desirable, provided under any circumstances <br />that such modifications or amendments do not materially adversely affect <br />the interests of the Owners in the opinion of Bond Counsel filed with the <br />City and the Trustee. <br />SECTION 7.02. Effect of Supplemental Indenture. From and after the time any <br />Supplemental Indenture becomes effective under 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 />and amendment, and all the terms and conditions of any Supplemental Indenture shall be <br />deemed to be part of the terms and conditions of this Indenture for any and all purposes. <br />21 <br />
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