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1988-06-17 Resolution 6
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1988-06-17 Resolution 6
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7/17/2008 11:35:33 AM
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outstanding, ..which instrument_or instruments shall refer to the <br />proposed supplemental agreement described in such notice and <br />• shall specifically consent to and approve the execution thereof <br />in substantially the form of the copy thereof referred to in such <br />notice as on file with the Trustee; thereupon, but not otherwise, <br />the Trustee may execute such supplemental agreement in <br />substantially such form, without liability or responsibility to <br />any holder of any Bond, whether or not such holder shall have <br />consented thereto. <br />If the holders of not less than sixty-six and two-thirds <br />percent (66-2/3~) in aggregate principal amount of the Bonds <br />outstanding at the time of the execution rovedctheuexecutionl <br />agreement shall have consented to and app <br />thereof as herein provided, no holder of any Bond shall have any <br />right to object to the execution of such supplemental agreement <br />or to object to any of the terms and provisions contained therein <br />or the operation thereof, or in any manner to question the <br />propriety of the execution thereof, or to enjoin or restrain the <br />Trustee or the Authority from executing the same, or from taking <br />any action pursuant to the provisions thereof. <br />Upon the execution of any supplemental agreement <br />pursuant to the provisions of this section, this Agreement shall <br />be, and shall be deemed, modified and amended in accordance <br />therewith, and the respective rights, duties and obligations <br />under this Agreement of the Authority, the Trustee, and all <br />holders of Bonds then outstanding shall thereafter be determined, <br />. exercised and enforced hereunder, subject in all-respects to such <br />modifications and .amendments. <br />Sec. 10.03. .The Trustee is authorized to join with the <br />Authority in the execution of any such supplemental agreement and <br />to make the further agreements and stipulations which may be <br />contained therein. Any supplemental agreement executed in <br />accordance with the provisions of this Article shall thereafter <br />form a part of this Agreement, and all the terms and conditions <br />contained in any such supplemental agreement as to any provision <br />authorized to be contained therein shall be, and shall be deemed <br />to be, part of the terms and conditions of this Agreement for any <br />and all purposes. <br />Sec. 10.04. The Trustee shall be entitled to receive, <br />and shall be fully protected in relying upon, the opinion of any <br />counsel approved by it who may be counsel for the Authority, as <br />conclusive evidence that any such proposed supplemental agreement <br />complies with the provisions of this Agreement, and that it is <br />proper for the Trustee, under the provisions of this Article, to <br />join in the execution of such supplemental agreement. <br />Sec. 10.05. Notwithstanding anything contained in the <br />foregoing provisions of this Agreement, the rights and <br />obligations of the Authority and of the holders of the Bonds, and <br />the terms and provisions of the Bonds and this Agreement, or any <br />supplemental agreement, may be modified or altered in any respect <br />with the consent of the Authority and the consent of the holders <br />of all the Bonds then outstanding. <br />-40- <br />
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