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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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86 <br />The Trustee may also accept, without the consent of or notice to any of the Holders, an <br />Alternate Letter of Credit or any amendments to the Letter of Credit or the Confirming Letter of <br />Credit, if any, necessary to continue the effectiveness of the Letter of Credit or the Confirming <br />Letter of Credit, if any, as originally intended or which in the judgment of the Trustee are not to <br />the prejudice of the Holders. <br />The provisions of Subsections 8.02(h) and (i) hereof shall not be deemed to constitute a <br />waiver by the Trustee, the Issuer or any Holder of any right which it may have in the absence of <br />those provisions to contest the application of any change in law to this Indenture or the Bonds. <br />Section 8.03. Supplemental Indentures Requiring Consent of Holders.Exclusive of <br />Supplemental Indentures to which reference is made in Section 8.02 hereof and subject to the <br />terms, provisions and limitations contained in this Section, and not otherwise, with the consent of <br />the Holders of not less than a majority in aggregate principal amount of the Bonds at the time <br />outstanding, evidenced as provided in this Indenture, with the prior written consent of the <br />Borrower, the Bank, and the Confirming Bank, if any, the Issuer and the Trustee may execute and <br />deliver Supplemental Indentures adding any provisions to, changing in any manner or eliminating <br />any of the provisions of this Indenture or any Supplemental Indenture or restricting in any manner <br />the rights of the Holders. Nothing in this Section or Section 8.02 hereof shall permit, or be <br />construed as permitting: <br />(a) without the consent of the Holder of each Bond so affected, and the <br />Bank and the Confirming Bank, if any, (i) an extension of the maturity of the principal of <br />or the interest on any Bond, (ii) a reduction in the principal amount of any Bond or the rate <br />of interest or premium thereon, or (iii) a reduction in the amount of, or an extension of the <br />time for paying, any mandatory sinking fund requirement; or <br />(b) without the consent of the Holders of all Bonds then outstanding, and <br />the Bank and the Confirming Bank, if any, (i) the creation of a privilege or priority of any <br />Bond or Bonds over any other Bond or Bonds, or (ii) a reduction in the aggregate principal <br />amount of the Bonds required for consent to a Supplemental Indenture. <br />If the Issuer shall request that the Trustee execute and deliver any Supplemental Indenture <br />for any of the purposes of this Section, upon (a) being satisfactorily indemnified with respect to its <br />expenses in connection therewith, and (b) receipt of the Borrower’s, the Bank’s and the <br />Confirming Bank’s, if any, consent to the proposed execution and delivery of the Supplemental <br />Indenture, the Trustee shall cause notice of the proposed execution and delivery of the <br />Supplemental Indenture to be mailed by first-class mail, postage prepaid, to all Holders of Bonds <br />then outstanding at their addresses as they appear on the Register at the close of business on the <br />fifteenth day preceding that mailing. <br />The Trustee shall not be subject to any liability to any Holder by reason of the Trustee’s <br />failure to mail, or the failure of any Holder to receive, the notice required by this Section. Any <br />failure of that nature shall not affect the validity of the Supplemental Indenture when there has <br />been consent thereto as provided in this Section. The notice shall set forth briefly the nature of the <br />proposed Supplemental Indenture and shall state that copies thereof are on file at the principal <br />corporate trust office of the Trustee for inspection by all Holders.
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