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05-09-2022 FINAL Notice and Agenda Packet
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05-09-2022 FINAL Notice and Agenda Packet
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City Council - City Clerk
City Counci - Date
5/9/2022
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84 <br />the Project Bonds is the Fixed Interest Rate) on, the Project Bonds computed at the Maximum <br />Rate, and the Bank will have rescinded and annulled any Event of Default under the <br />Reimbursement Agreement. Notwithstanding the foregoing, if the Trustee has drawn on the <br />Confirming Letter of Credit, prior to waiving any Event of Default the Trustee shall have received <br />written confirmation from the Confirming Bank that the Confirming Letter of Credit has been <br />reinstated to an amount not less than 100% of the outstanding principal of, plus 110 days’ interest <br />(or 200 days’ interest if the Interest Rate Mode on the Project Bonds is the Fixed Interest Rate) on, <br />the Project Bonds computed at the Maximum Rate, and the Confirming Bank will have rescinded <br />and annulled any Event of Default under the Confirming Bank Reimbursement Agreement. <br />There shall not be so waived, however, any Event of Default described in paragraphs (a), <br />(b), (c), (g), (h), (j) or (k) of Section 7.01 hereof or any declaration of acceleration in connection <br />therewith rescinded or annulled, except with the written consent of the Holders of all Bonds then <br />outstanding and of the Bank and the Confirming Bank, if any (with respect to (a), (b) or (c) only). <br />In the case of the waiver or rescission and annulment, or in case any suit, action or proceedings <br />taken by the Trustee on account of any Event of Default shall have been discontinued, abandoned <br />or determined adversely to it, the Issuer, the Trustee, the Bank, the Confirming Bank, if any, and <br />the Holders shall be restored to their former positions and rights hereunder, respectively. No <br />waiver or rescission shall extend to any subsequent or other Event of Default or impair any right <br />consequent thereon. <br />END OF ARTICLE VII <br />ARTICLE VIII <br />SUPPLEMENTAL INDENTURES <br />Section 8.01. Supplemental Indentures Generally.The Issuer and the Trustee may enter <br />into indentures supplemental to this Indenture, as provided in this Article and pursuant to the other <br />provisions therefor in this Indenture. <br />Section 8.02. Supplemental Indentures Not Requiring Consent of Holders.Without the <br />consent of, or (except as otherwise provided in Section 8.04 hereof) notice to, any of the Holders, <br />the Issuer and the Trustee, but with the prior written consent of the Initial BSBY Rate Bond <br />Purchaser, if any, the Bank, if any, the Confirming Bank, if any, and the Borrower, may enter into <br />indentures supplemental to this Indenture which shall not, in the opinion of the Issuer and the <br />Trustee, be inconsistent with the terms and provisions hereof for any one or more of the following <br />purposes: <br />(a) To cure any ambiguity, inconsistency or formal defect or omission in <br />this Indenture; <br />(b) To grant to or confer upon the Trustee for the benefit of the Holders any <br />additional rights, remedies, powers or authority that lawfully may be granted to or <br />conferred upon the Holders or the Trustee, but only with the Trustee’s written consent; <br />(c) To assign additional revenues under this Indenture;
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