Amendments Not Requiring Holder Consent Clause Samples

Amendments Not Requiring Holder Consent. 60 Section 11.2. Amendments Requiring Holder Consent 61 Section 11.3. Opinion of Bond Counsel 61 Section 11.4. Rights of the Trustee and Issuer 61 Article 12 MISCELLANEOUS PROVISIONS 62 Section 12.1. Consent of Holders 62 Section 12.2. Rights Under Indenture 62 Section 12.3. Severability 62 Section 12.4. Notices 62 Section 12.5. Required Approvals 65 Section 12.6. Counterparts 65 Section 12.7. Limitation of Liability of Issuer and Its Officers, Employees, and Agents 65 Section 12.8. Subordination to Extended Use Loan Agreement 67 Section 12.9. Governing Law 67 Section 12.10. Complete Agreement 67 Section 12.11. USA Patriot Act 67 EXHIBIT A – FORM OF REQUISITION CERTIFICATE ...................................................... A-1 EXHIBIT B – FORM OF BOND ................................................................................................B-1 EXHIBIT C – INVESTOR’S LETTER C-1 EXHIBIT D – RESERVED ........................................................................................................ D-1 THIS TRUST INDENTURE (this “Indenture”) dated as of December 1, 2017, by and between AUSTIN HOUSING FINANCE CORPORATION, a housing finance corporation, duly organized and existing under the laws of the State of Texas (together with its successors an assigns (the “Issuer”), and BOKF, NA, a national banking association, duly established, existing under the laws of the United States of America, and authorized to accept and execute trusts of the character herein set out, as the trustee (together with its successors and assigns, the “Trustee”, as that term is hereafter defined):
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Amendments Not Requiring Holder Consent. The Issuer or the‌ Trustee or both may, with the prior written consent of the Bondholder Representative, but without the consent of or notice to the Holders, consent to any amendment, change, or modification of any of the Loan Documents: (1) which may be required or permitted with the consent of the Bondholder Representative, but without Holder consent, by the provisions of the Loan Documents or this Indenture; (2) for the purpose of curing any ambiguity or formal defect or omission; (3) in connection with additional land, equipment, or improvements which may be acquired and which constitute a part of the Mortgaged Property, so as to (A) more precisely identify the same, (B) substitute or add additional land or additional equipment, or (C) sell or remove such land or equipment, all as provided in the Mortgage; provided, however, that any such amendment, change, or modification of any of the Loan Documents as provided in this Section 11.1(3) shall not be effective until notice of such action is given to the Holders of the Bonds; (4) to reconcile any Loan Documents with any amendment or supplement to this Indenture; or (5) to effect any other change in a Loan Document which will not materially prejudice any Holder.
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Related to Amendments Not Requiring Holder Consent

  • Transactions Not Requiring Instructions In the absence of contrary Written Instructions, PFPC Trust is authorized to take the following actions:

  • Amendments, Supplements and Waivers The Company and the Trustee may amend or supplement the Indenture or the Notes or waive compliance with any provision of the Indenture or the Notes in the manner, and subject to the terms, set forth in Section 7.05 and Article 8 of the Indenture.

  • Registration Statement Amendments; Payment of Fees After the date of this Agreement and during any period in which a Prospectus relating to any Placement Securities is required to be delivered by the Sales Agent under the Securities Act (including in circumstances where such requirement may be satisfied pursuant to Rule 172 under the Securities Act or any applicable similar rule), (i) the Company will notify the Sales Agent promptly of the time when any subsequent amendment to the Registration Statement, other than documents incorporated by reference, has been filed with the Commission and/or has become effective or any subsequent supplement to the Prospectus has been filed and of any comment letter from the Commission or any request by the Commission for any amendment or supplement to the Registration Statement or Prospectus or for additional information; (ii) the Company will prepare and file with the Commission, promptly upon the Sales Agent’s request, any amendments or supplements to the Registration Statement or Prospectus that, in the Sales Agent’s reasonable opinion, may be necessary or advisable in connection with the distribution of the Placement Securities by the Sales Agent (provided, however, that the failure of the Sales Agent to make such request shall not relieve the Company of any obligation or liability hereunder, or affect the Sales Agent’s right to rely on the representations and warranties made by the Company and the Operating Partnership in this Agreement); (iii) the Company will not file any amendment or supplement to the Registration Statement or Prospectus, other than documents incorporated by reference, relating to the Placement Securities or a security convertible into the Placement Securities unless a copy thereof has been submitted to the Sales Agent within a reasonable period of time before the filing and the Sales Agent has not reasonably objected thereto (provided, however, that the failure of the Sales Agent to make such objection shall not relieve the Company of any obligation or liability hereunder, or affect the Sales Agent’s right to rely on the representations and warranties made by the Company and Operating Partnership in this Agreement) and the Company will furnish to the Sales Agent at the time of filing thereof a copy of any document that upon filing is deemed to be incorporated by reference into the Registration Statement or Prospectus, except for those documents available via ▇▇▇▇▇; and (iv) the Company will cause each amendment or supplement to the Prospectus, other than documents incorporated by reference, to be filed with the Commission as required pursuant to the applicable paragraph of Rule 424(b) of the Securities Act (without reliance on Rule 424(b)(8) of the Securities Act).

  • Amendments in Writing; Waiver; Integration No purported amendment or modification of any Loan Document, or waiver, discharge or termination of any obligation under any Loan Document, shall be enforceable or admissible unless, and only to the extent, expressly set forth in a writing signed by the party against which enforcement or admission is sought. Without limiting the generality of the foregoing, no oral promise or statement, nor any action, inaction, delay, failure to require performance or course of conduct shall operate as, or evidence, an amendment, supplement or waiver or have any other effect on any Loan Document. Any waiver granted shall be limited to the specific circumstance expressly described in it, and shall not apply to any subsequent or other circumstance, whether similar or dissimilar, or give rise to, or evidence, any obligation or commitment to grant any further waiver. The Loan Documents represent the entire agreement about this subject matter and supersede prior negotiations or agreements. All prior agreements, understandings, representations, warranties, and negotiations between the parties about the subject matter of the Loan Documents merge into the Loan Documents.

  • Amendments; No Waivers (a) Any provision of this Agreement may be amended or waived if, but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by the Company and Purchaser; or in the case of a waiver, by the party against whom the waiver is to be effective. (b) No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.