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1988-06-17 Resolution 8
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1988-06-17 Resolution 8
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7/17/2008 11:50:07 AM
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Whenever, at any time within one (1) year after mailing <br />• of such notice, the Authority shall deliver to the Trustee an <br />instrument or instruments purporting to be executed by the <br />holders of not less than sixty-six and two-thirds percent <br />(66-2/3~) in aggregate principal amount of the Bonds then <br />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 of such supplemental <br />agreement shall have consented to and approved the execution <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 />-32- <br />
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