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EDC Packet 2.6.25
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EDC Packet 2.6.25
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Dept of Community Investment
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<br />36 <br />ARTICLE IX. <br />SUPPLEMENTAL INDENTURES <br />Section 9.1. Supplemental Indentures Not Requiring Consent of Bondholders. <br />The Issuer and the Trustee may without the consent of, or notice to, any of the Bondholders, enter <br />into an indenture or indentures supplemental to this Indenture; as shall not be inconsistent with the <br />terms and provisions hereof, 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 />Section 9.2. Supplemental Indentures Requiring Consent of Bondholders. <br />Exclusive of supplemental indentures covered by Section 9.1 hereof, and subject to the terms and <br />provisions contained in this Section, and not otherwise, the Requisite Bondholders shall have the <br />right, from time to time, anything contained in this Indenture to the contrary notwithstanding, to <br />consent to and approve the execution by the Issuer and the Trustee of such other indenture or <br />indentures supplemental hereto as shall be deemed necessary and desirable by the Issuer for the <br />purpose of modifying, altering, amending, adding to or rescinding, in any particular, any of the <br />terms or provisions contained in this Indenture or in any supplemental indenture; provided <br />however, that nothing in this section contained shall permit or be construed as permitting (except <br />as otherwise permitted in this Indenture) (a) an extension of the stated maturity or reduction in the <br />principal amount of, or reduction in the rate or extension of the time of paying of interest on, any <br />Bonds, without the consent of the holder of such Bond, or (b) a reduction in the amount or <br />extension of the time of any payment required by any sinking fund applicable to any Bonds without <br />the consent of the holders of all the Bonds which would be affected by the action to be taken, or <br />(c) a reduction in the aforesaid aggregate principal amount of Bonds the holders of which are <br />required to consent to any such supplemental indenture, without the consent of the holders of all <br />the Bonds at the time outstanding which would be affected by the action to be taken, or (d) a <br />modification of the rights, duties or immunities of the Trustee, without the written consent of the <br />Trustee, or (e) a privilege or priority of any Bond over any other Bonds, or (f) deprive the owners <br />of any Bonds then outstanding of the lien thereby created.
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