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32-17 Economic Development Revenue Bonds (Studebaker Project)
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32-17 Economic Development Revenue Bonds (Studebaker Project)
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5/17/2017 1:41:10 PM
Creation date
6/7/2017 1:24:57 PM
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City Council - City Clerk
City Counci - Date
5/22/2017
Bill Number
32-17
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ARTICLE IX. <br /> SUPPLEMENTAL INDENTURES <br /> Section 9.1. Supplemental Indentures Not Requiring Consent of Bondholders. The <br /> Issuer and the Trustee may without the consent of, or notice to, any of the Bondholders, enter <br /> into an indenture or indentures supplemental to this Indenture, as shall not be inconsistent with <br /> the terms and provisions hereof, for any one or more of the following purposes: <br /> (a) To cure any ambiguity or formal defect or omission in this Indenture; <br /> (b) To grant to or confer upon the Trustee for the benefit of the Bondholders any <br /> additional rights, remedies, powers or authority that may lawfully be granted to or conferred <br /> upon the Bondholders or the Trustee or any of them; <br /> (c) To subject to this Indenture additional security, revenues,properties or collateral; <br /> (d) To make any other change in this Indenture which, in the judgment of the Trustee, <br /> which may be based on advice of Counsel, is not to the material prejudice of the Trustee, the <br /> Developer,the Issuer or the holders of the Bonds; <br /> (e) To modify, amend or supplement the Indenture in such manner as required to <br /> permit the qualification thereof under the Trust Indenture Act of 1939, as amended, or any <br /> similar Federal statute hereafter in effect, and, if they so determine, to add to the Indenture such <br /> other terms, conditions and provisions as may be required by said Trust Indenture Act of 1939, <br /> as amended, or similar federal statute; or <br /> (f) To issue Additional Bonds in accordance with the provisions of Section 2.8 <br /> hereof. <br /> Section 9.2. Supplemental Indentures Requiring Consent of Bondholders. Exclusive of <br /> supplemental indentures covered by Section 9.1 hereof, and subject to the terms and provisions <br /> contained in this Section, and not otherwise, the Requisite Bondholders shall have the right, from <br /> time to time, anything contained in this Indenture to the contrary notwithstanding, to consent to <br /> and approve the execution by the Issuer and the Trustee of such other indenture or indentures <br /> supplemental hereto as shall be deemed necessary and desirable by the Issuer for the purpose of <br /> modifying, altering, amending, adding to or rescinding, in any particular, any of the terms or <br /> provisions contained in this Indenture or in any supplemental indenture; provided however, that <br /> nothing in this section contained shall permit or be construed as permitting (except as otherwise <br /> permitted in this Indenture) (a) an extension of the stated maturity or reduction in the principal <br /> amount of, or reduction in the rate or extension of the time of paying of interest on, or reduction <br /> of any premium payable on the redemption of, any Bonds, without the consent of the holder of <br /> such Bond, or (b) a reduction in the amount or extension of the time of any payment required by <br /> any sinking fund applicable to any Bonds without the consent of the holders of all the Bonds <br /> which would be affected by the action to be taken, or (c) the creation of any lien prior to or on a <br /> parity with the lien of this Indenture without the consent of the holders of all the Bonds at the <br /> time outstanding, or (d) a reduction in the aforesaid aggregate principal amount of Bonds the <br /> holders of which are required to consent to any such supplemental indenture, without the consent <br /> - 39 - <br /> I11 1 8605 1 4.2 <br />
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