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EDC Agenda & Packet 2.5.2026 - Revised
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EDC Agenda & Packet 2.5.2026 - Revised
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Dept of Community Investment
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<br />36 <br />ARTICLE IX. <br />SUPPLEMENTAL INDENTURES <br />Supplemental Indentures Not Requiring Consent of Bondholders. The Issuer and the Trustee may <br />without the consent of, or notice to, any of the Bondholders, enter into an indenture or indentures <br />supplemental to this Indenture; as shall not be inconsistent with the terms and provisions hereof, <br />for any one or more of the following purposes: <br />(a) To cure any ambiguity or formal defect or omission in this Indenture; <br />(b) To grant to or confer upon the Trustee for the benefit of the Bondholders any <br />additional rights, remedies, powers or authority that may lawfully be granted to or conferred upon <br />the Bondholders or the Trustee or any of them; <br />(c) To subject to this Indenture additional revenues, properties or collateral; <br />(d) To make any other change in this Indenture which is not to the prejudice of the <br />Trustee, the Issuer or the holders of the Bonds; <br />(e) To modify, amend or supplement the Indenture in such manner as required to <br />permit the qualification thereof under the Trust Indenture Act of 1939, as amended, or any similar <br />Federal statute hereafter in effect, and, if they so determine, to add to the Indenture such other <br />terms, conditions and provisions as may be required by said Trust Indenture Act of 1939, as <br />amended, or similar federal statute; or <br />(f) To achieve compliance of this Indenture with any applicable federal securities or <br />tax law. <br />Supplemental Indentures Requiring Consent of Bondholders. Exclusive of supplemental <br />indentures covered by Section 9.1 hereof, and subject to the terms and provisions contained in this <br />Section, and not otherwise, the Requisite Bondholders shall have the right, from time to time, <br />anything contained in this Indenture to the contrary notwithstanding, to consent to and approve the <br />execution by the Issuer and the Trustee of such other indenture or indentures supplemental hereto <br />as shall be deemed necessary and desirable by the Issuer for the purpose of modifying, altering, <br />amending, adding to or rescinding, in any particular, any of the terms or provisions contained in <br />this Indenture or in any supplemental indenture; provided however, that nothing in this section <br />contained shall permit or be construed as permitting (except as otherwise permitted in this <br />Indenture) (a) an extension of the stated maturity or reduction in the principal amount of, or <br />reduction in the rate or extension of the time of paying of interest on, any Bonds, without the <br />consent of the holder of such Bond, or (b) a reduction in the amount or extension of the time of <br />any payment required by any sinking fund applicable to any Bonds without the consent of the <br />holders of all the Bonds which would be affected by the action to be taken, or (c) a reduction in <br />the aforesaid aggregate principal amount of Bonds the holders of which are required to consent to <br />any such supplemental indenture, without the consent of the holders of all the Bonds at the time <br />outstanding which would be affected by the action to be taken, or (d) a modification of the rights, <br />duties or immunities of the Trustee, without the written consent of the Trustee, or (e) a privilege <br />or priority of any Bond over any other Bonds, or (f) deprive the owners of any Bonds then <br />outstanding of the lien thereby created.
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