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1990-12-17 Resolution 26
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1990-12-17 Resolution 26
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7/17/2008 2:02:19 PM
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agreement described in such notice and shall specifically consent <br />• to and approve the execution thereof in substantially the form of <br />the copy thereof referred to in such notice as on file with the <br />Trustee; thereupon, but not otherwise, the Trustee may execute such <br />supplemental agreement in substantially such form, without <br />liability or responsibility to any holder of any Bond, whether or <br />not such holder shall have 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 or <br />to object to any of the terms and provisions contained therein or <br />the operation thereof, or in any manner to question the propriety <br />of the execution thereof, or to enjoin or restrain the Trustee or <br />the Authority from executing the same, or from taking any action <br />pursuant to the provisions thereof. <br />Upon the execution of any supplemental agreement pursuant to <br />the provisions of this section, this Agreement shall be, and shall <br />be deemed, modified and amended in accordance therewith, and the <br />respective rights, duties and obligations under this Agreement of <br />the Authority, the Trustee, and all holders of Bonds then <br />outstanding shall thereafter be determined, exercised and enforced <br />hereunder, subject in all respects to such modifications and <br />• 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, and <br />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 obligations <br />-40- <br />
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