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14-20 Cedar Glen Bond Ordinance Addendums
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14-20 Cedar Glen Bond Ordinance Addendums
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3/18/2020 2:57:42 PM
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3/18/2020 2:55:23 PM
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
3/23/2020
Bill Number
14-20
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ARTICLE XI <br /> AMENDMENTS TO AGREEMENT, REGULATORY <br /> AGREEMENT AND NOTE <br /> Section 11.01. Amendments Not Requiring Consent of Holders. Without the consent of <br /> or notice to the Holders, the Issuer, the Borrower and the Trustee may consent to any amendment, <br /> change or modification of the Agreement, the Regulatory Agreement or the Note as may be <br /> required (i) by the provisions of the Agreement, the Regulatory Agreement or this Indenture, (ii) <br /> for the purpose of curing any ambiguity, inconsistency or formal defect or omission in the <br /> Agreement, the Regulatory Agreement or the Note, (iii) in connection with an amendment or to <br /> effect any purpose for which there could be an amendment of this Indenture pursuant to Section <br /> 8.02 hereof, or (iv) in connection with any other change therein which is not to the prejudice of <br /> the Trustee or the Holders of the Bonds, in the judgment of the Trustee. <br /> Section 11.02. Amendments Requiring Consent of Holders. Except for the amendments, <br /> changes or modifications contemplated in Section 11.01 hereof, neither the Issuer nor the Trustee <br /> shall consent to <br /> (a) any amendment, change or modification of the Agreement or the Note <br /> which would change the amount or time as of which Loan Payments are required to be <br /> paid, without the giving of notice as provided in this Section of the proposed amendment, <br /> change or modification and receipt of the written consent thereto of the Holders of all of <br /> the then Outstanding Bonds affected by such amendment, change or modification, or <br /> (b) any other amendment, change or modification of the Agreement, the <br /> Regulatory Agreement or the Note without the giving of notice as provided in this <br /> Section of the proposed amendment, change or modification and receipt of the written <br /> consent thereto of the Holders of not less than a majority in aggregate principal amount <br /> of the Bonds then Outstanding affected by such amendment, change or modification. <br /> The consent of the Holders shall be obtained as provided in Section 8.03 hereof with respect to <br /> Supplemental Indentures. <br /> If the Issuer or the Borrower shall request at any time the consent of the Trustee to any <br /> proposed amendment, change or modification of the Agreement, the Regulatory Agreement or <br /> the Note contemplated in subparagraphs (a) or (b) of this Section, upon being indemnified <br /> satisfactorily with respect to expenses, the Trustee shall cause notice of the proposed amendment, <br /> change or modification to be provided in the manner which is required by Section 8.03 hereof <br /> with respect to notice of Supplemental Indentures. The notice shall set forth briefly the nature of <br /> the proposed amendment, change or modification and shall state that copies of the instrument or <br /> document embodying it are on file at the designated corporate trust office of the Trustee for <br /> inspection by all Holders. <br /> (End of Article XI) <br /> -63 - <br />
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