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1998-10-19 Resolution 130
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1998-10-19 Resolution 130
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7/16/2008 2:35:48 PM
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. L <br />deemed necessary or desirable by the Authority for the purpose of modifying, altering, amending, <br />adding to or rescinding, in any particular, any of the terms or provisions contained in this Agreement <br />or in any supplemental agreement; provided, however, that nothing herein contained shall permit or <br />be construed as permitting: <br />(a) an extension of the maturity of the principal or interest on any Bond <br />issued hereunder; or <br />(b) a reduction in the principal amount of any Bond or the redemption <br />premium or the rate of interest thereon; or <br />(c) a preference or priority of any Bond or Bonds over any other Bond or <br />Bonds; or <br />(d) a reduction in the aggregate principal amount of the Bonds required <br />for consent to such supplemental agreement. <br />Nothing herein contained, however, shall be construed as making necessary the approval by the <br />Bondholders of the execution of any supplemental agreement or agreements as authorized in <br />Section 10.01 of this Article. <br />If at any time the Authority shall request the Trustee to enter into any supplemental <br />• agreement for any of the purposes of this section, the Trustee shall, at the expense of the Authority, <br />give notice by mail, postage prepaid, to all registered owners of Bonds. Such notice shall briefly set <br />forth the nature of the proposed supplemental agreement and shall state that a copy thereof is on file <br />at the office of the Trustee for inspection by all Bondholders. The Trustee shall not, however, be <br />subject to any liability to any Bondholder by reason of its failure to mail the notice required by this <br />section, and any such failure shall not affect the validity of such supplemental agreement when <br />consented to and approved as provided in this section. <br />Whenever, at any time within one (1) year after mailing of such notice, the Authority <br />shall deliver to the Trustee an instrument or instruments purporting to be executed by the holders <br />of not less than sixty-six and two-thirds percent (66-2/3%) in aggregate principal amount of the <br />Bonds then outstanding, which instrument or instruments shall refer to the proposed supplemental <br />agreement described in such notice and shall specifically consent to and approve the execution <br />thereof in substantially the form of the copy thereof referred to in such notice as on file with the <br />Trustee; thereupon, but not otherwise, the Trustee may execute such supplemental agreement in <br />substantially such form, without liability or responsibility to any holder of any Bond, whether or not <br />such holder shall have consented thereto. <br />If the holders of not less than sixty-six and two-thirds percent (66-2/3%) in aggregate <br />principal amount of the Bonds outstanding at the time of the execution of such supplemental <br />agreement shall have consented to and approved the execution thereof as herein provided, no holder <br />of any Bond shall have any right to object to the execution of such supplemental agreement or to <br />::ODMA\PCDOCS\SBDOCSI\24203\2 -35- <br />
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