9937-09 Concerning the Construction of Improvements to the Municipal Waterworks of the City

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(d) A preference or priority of any 2009 Bond over any other 2009 Bond, without the consent of the holders of a112009 Bonds then outstanding; or (e) A reduction in the aggregate principal amount of the 2009 Bonds required for consent to such supplemental ordinance, without the consent of the holders of a112009 Bonds then outstanding. If the City shall desire to obtain any such consent, it shall cause the Registrar to mail a notice, postage prepaid, to the addresses appearing on the Registration Record. Such notice shall briefly set forth the nature of the proposed supplemental ordinance and shall state that a copy thereof is on file at the office of the Registrar for inspection by all owners of the 2009 Bonds. The Registrar shall not, however, be subject to any liability to any owners of the 2009 Bonds by reason of its failure to mail such notice, and any such failure shall not affect the validity of such supplemental ordinance when consented to and approved as herein provided. Whenever at any time within one year after the date of the mailing of such notice, the City shall receive any instrument or instruments purporting to be executed by the owners of the 2009 Bonds of not less than a majority in aggregate principal amount of the 2009 Bonds then outstanding, which instrument or instruments shall refer to the proposed supplemental ordinance described in such notice, and shall specifically consent to and approve the adoption thereof in substantially the form of the copy thereof referred to in such notice as on file with the Registrar, thereupon, but not otherwise, the City may adopt such supplemental ordinance in substantially such form, without liability or responsibility to any owners of the 2009 Bonds, whether or not such owners shall have consented thereto. No owner of any 2009 Bond shall have any right to object to the adoption of such supplemental ordinance or to object to any of the terms and provisions contained therein or the operation thereof, or in any manner to question the propriety of the adoption thereof, or to enjoin or restrain the Council from adopting the same, or from taking any action pursuant to the provisions thereof. Upon the adoption of any supplemental ordinance pursuant to the provisions of his section, this Ordinance shall be, and shall be deemed, modified and amended in accordance therewith, and the respective rights, duties and obligations under this Ordinance of the City and all owners of 2009 Bonds then outstanding shall thereafter be determined, exercised and enforced in accordance with this Ordinance, subject in all respects to such modifications and amendments. Notwithstanding anything contained in the foregoing provisions of this Ordinance, the rights and obligations of the City and of the owners of the 2009 Bonds, and the terms and provisions of the 2009 Bonds and this Ordinance, or any supplemental ordinance, may be modified or amended in any respect with the consent of the City and the consent of the owners of all the 2009 Bonds then outstanding. SECTION 23. Amendments Without Consent of Bondholders. The Council may, from time to time and at any time, and without notice to or consent of the owners of the 2009 Bonds, except with regard to the 2009 Bonds owned by the Indiana Finance Authority, and in such case only with the consent of the Indiana Finance Authority, adopt such ordinances supplemental hereto (which supplemental ordinances shall thereafter form a part hereof): -30-