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Bill No. 49-23 Revenue Bonds Authorizing the Acquisition & Construction of the Municipal Waterworks
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Bill No. 49-23 Revenue Bonds Authorizing the Acquisition & Construction of the Municipal Waterworks
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8/24/2023 3:30:14 PM
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8/23/2023 4:16:42 PM
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financing lease, operating lease, non-appropriation leases, installment purchase agreement or <br />lease, or otherwise (including any combination thereof). <br />SECTION XXIII. Amendments With Consent of Bondholders. Subject to the terms <br />and provisions contained in this section and Sections XXII and XXIV,the owners of not less than <br />a majority in aggregate principal amount of the Bonds and then outstanding shall have the right, <br />from time to time, to consent to and approve the adoption by the Common Council of such <br />ordinance or ordinances supplemental hereto, as shall be deemed necessary or desirable by the <br />City for the purpose of amending in any particular any of the terms or provisions contained in this <br />Ordinance, or in any supplemental Ordinance; provided, however, that if the BANs or the Bonds <br />are sold to the Authority, the City shall obtain the prior written consent of the Authority; and <br />provided, further nothing herein contained shall permit or be construed as permitting: <br />a) An extension of the maturity of the principal of or interest or premium, if <br />any,on any BAN or Bond or an advancement of the earliest redemption date on any BAN or Bond, <br />without the consent of the holder of each BAN or Bond so affected; or <br />b) A reduction in the principal amount of any BAN or Bond, the redemption <br />premium, the Reserve Requirement therefor or the rate of interest thereon, or a change in the <br />monetary medium in which such amounts are payable, without the consent of the holder of each <br />BAN or Bond so affected; or <br />c) The creation of a lien upon or a pledge of the Net Revenues ranking prior <br />to the pledge thereof created by this Ordinance, without the consent of the holders of all Bonds <br />then outstanding; or <br />d) A preference or priority of any BAN or BANs over any other BAN or BANs <br />or of any Bond over any other Bond, without the consent of the holders of all Bonds then <br />outstanding; or <br />e) A reduction in the aggregate principal amount of the Bonds required for <br />consent to such supplemental ordinance, without the consent of the holders of all Bonds then <br />outstanding. <br />If the City shall desire to obtain any such consent, it shall cause the Registrar to mail a <br />notice, postage prepaid, to the addresses appearing on the Registration Record. Such notice shall <br />briefly set forth the nature of the proposed supplemental ordinance and shall state that a copy <br />thereof is on file at the office of the Registrar for inspection by all owners of the Bonds. The <br />Registrar shall not, however, be subject to any liability to any owners of the Bonds by reason of <br />its failure to mail such notice,and any such failure shall not affect the validity of such supplemental <br />ordinance when consented to and approved as herein provided. <br />Whenever at any time within one year after the date of the mailing of such notice, the City <br />shall receive any instrument or instruments purporting to be executed by the owners of the Bonds <br />of not less than a majority in aggregate principal amount of the Bonds then outstanding, which <br />instrument or instruments shall refer to the proposed supplemental ordinance described in such <br />notice, and shall specifically consent to and approve the adoption thereof in substantially the form <br />of the copy thereof referred to in such notice as on file with the Registrar, thereupon, but not <br />otherwise, the City may adopt such supplemental ordinance in substantially such form, without <br />31 -
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