Common use of Amendments Permitted Clause in Contracts

Amendments Permitted. This Indenture and the rights and obligations of the Authority, the Trustee and the Holders of the Bonds may be modified or amended from time to time and at any time for any lawful purpose, by an indenture or indentures supplemental hereto, which the Authority and the Trustee may enter into without the consent of any Bondholders but with the prior written consent of the Bank (as long as the Bank is not in default under the Letter of Credit). The foregoing to the contrary notwithstanding, no such modification or amendment shall, without the consent of the Holders of all Bonds then Outstanding, (i) extend the maturity date of any Bond, (ii) reduce the amount of principal thereof, (iii) extend the time of payment or change the method of computing the rate of interest thereon, without the consent of the Holder of each Bond so affected, or eliminate the Holders’ rights to tender the Bonds, (iv) extend the due date for the purchase of Bonds tendered by the Holders thereof, or (v) reduce the purchase price of such Bonds. It shall not be necessary for the consent of the Bondholders to approve the particular form of any Supplemental Indenture, but it shall be sufficient if such consent shall approve the substance thereof. Promptly after the execution by the Authority and the Trustee of any Supplemental Indenture pursuant to this Section 10.01, the Trustee shall mail a notice, setting forth in general terms the substance of such Supplemental Indenture, to each rating agency then rating the Bonds and the Holders of the Bonds at the address shown on the registration books of the Trustee. Any failure to give such notice, or any defect therein, shall not, however, in any way impair or affect the validity of any such Supplemental Indenture.

Amendments Permitted. This Indenture and the rights and obligations of the AuthorityCompany, of the Trustee and of the Holders of the Bonds may be modified or amended from time to time and at any time for any lawful purpose, by an indenture or indentures supplemental hereto, which the Authority Company and the Trustee may enter into without the consent of any Bondholders but with the prior written consent of the Bank (as long as the Bank is not in default under the Letter of Credit). The foregoing to the contrary notwithstanding, no such modification or amendment shall, without the consent of the Holders holders of all Bonds then Outstanding, (ia) extend the maturity date of any Bond, (iib) reduce the amount of principal thereof, (iiic) extend the time of payment or change the method of computing the rate of interest thereon, without the consent of the Holder of each Bond so affected, or eliminate the Holders’ ' rights to tender the Bonds, (ivd) extend the due date for the purchase of Bonds tendered by the Holders thereof, or (ve) reduce the purchase price Purchase Price of such Bonds. It shall not be necessary for the consent of the Bondholders to approve the particular form of any Supplemental Indenture, but it shall be sufficient if such consent shall approve the substance thereof. Promptly after the execution by the Authority Company and the Trustee of any Supplemental Indenture pursuant to this Section 10.01, the Trustee shall mail a notice, setting forth in general terms the substance of such Supplemental Indenture, to each rating agency Rating Agency then rating the Bonds and the Holders of the Bonds at the address shown on the registration books of the Trustee. Any failure to give such notice, or any defect therein, shall not, however, in any way impair or affect the validity of any such Supplemental Indenture.

Amendments Permitted. (a) This Indenture and the rights and obligations of the Authority, the Trustee Authority and of the Holders of the Bonds Authority Notes and of the Trustee may be modified or amended from time to time and at any time for any lawful purpose, by an indenture or indentures supplemental hereto, which the Authority and the Trustee may enter into without the consent of any Bondholders but upon filing with the prior written consent Trustee of the Bank (as long as the Bank is not in default under the Letter of Credit). The foregoing to the contrary notwithstanding, no such modification or amendment shall, without the written consent of the Holders of 60% in aggregate principal amount of all Bonds Authority Notes then Outstanding, and the Bank or the Credit Bank, as applicable. No such modification or amendment shall (i1) extend the fixed maturity date of any BondAuthority Note, (ii) or reduce the amount of principal thereof, (iii) or extend the time of payment payment, or change the method of computing the rate of interest thereon, or extend the time of payment of interest thereon, without the consent of the Holder of each Bond Authority Note so affected, or eliminate the Holders’ rights to tender the Bonds, (iv) extend the due date for the purchase of Bonds tendered by the Holders thereof, or (v2) reduce the purchase price aforesaid percentage of Authority Notes the consent of the Holders of which is required to effect any such Bondsmodification or amendment, or permit the creation of any lien on the Revenues and other assets pledged under this Indenture prior to or on a parity with the lien created by this Indenture, or deprive the Holders of the Authority Notes of the lien created by this Indenture on such Revenues and other assets (except as expressly provided in this Indenture), without the consent of the Holders of all of the Authority Notes then Outstanding. It shall not be necessary for the consent of the Bondholders Noteholders to approve the particular form of any Supplemental Indenture, but it shall be sufficient if such consent shall approve the substance thereof. Promptly after the execution by the Authority and the Trustee of any Supplemental Indenture pursuant to this Section 10.01subsection (a), the Trustee shall mail a notice, setting forth in general terms the substance of such Supplemental Indenture, to each rating agency Rating Agency then rating the Bonds Authority Notes and the Holders of the Bonds Authority Notes at the address shown on the registration books of the Trustee. Any failure to give such notice, or any defect therein, shall not, however, in any way impair or affect the validity of any such Supplemental Indenture. (b) During any Interest Rate Period other than an Index Interest Rate Period, this Indenture and the rights and obligations of the Authority, of the Trustee and of the Holders of the Authority Notes may also be modified or amended from time to time and at any time by an indenture or indentures supplemental hereto, which the Authority and the Trustee may enter into without the consent of any Noteholders, but with the written consent of the Credit Bank, if applicable, and only to the extent permitted by law and after receipt of an Opinion of Counsel that the provisions of such Supplemental Indenture shall not materially adversely affect the interests of the Holders of the Authority Notes, including, without limitation, for any one or more of the following purposes: (1) to add to the covenants and agreements of the Authority in this Indenture contained other covenants and agreements thereafter to be observed, to pledge or assign additional security for the Authority Notes (or any portion thereof), or to surrender any right or power herein reserved to or conferred upon the Authority; (2) to make such provisions for the purpose of curing any ambiguity, inconsistency or omission, or of curing or correcting any defective provision, contained in this Indenture, or in regard to matters or questions arising under this Indenture, as the Authority may deem necessary or desirable and not inconsistent with this Indenture; (3) to modify, amend or supplement this Indenture in such manner as to permit the qualification hereof under the Trust Indenture Act of 1939, as amended, or any similar federal statute hereafter in effect, and to add such other terms, conditions and provisions as may be permitted by said act or similar federal statute; (4) to conform to the terms and provisions of any Alternate Letter of Credit or Alternate Credit Facility or to obtain a rating on the Authority Notes; (5) to modify, amend or supplement this Indenture in such a manner to permit the Authority, the Trustee, the Borrower or any other responsible party to comply with the requirements of S.E.C. Rule 15c2-12, as it may from time to time be amended or supplemented, with respect to the Authority Notes; or (6) to modify, alter, amend or supplement this Indenture or the Agreement in any other respect, including amendments which would otherwise be described in Section 9.01(a) hereof, if the effective date of such supplemental indenture or agreement is a date on which all Authority Notes affected thereby are subject to mandatory tender for purchase pursuant to Section 4.06 or if notice by first class mail, postage prepaid, of the proposed supplemental indenture or agreement is given to Holders of the affected Authority Notes at least 30 days before the effective date thereof and, on or before such effective date, such Noteholders have the right to demand purchase of their Authority Notes pursuant to Section 2.04(a) or (b) hereof. The Trustee shall give notice of any such modification or amendment to each Rating Agency then rating the Authority Notes. (c) The Trustee may in its discretion, but shall not be obligated to, enter into any such Supplemental Indenture authorized by subsection (a) or (b) of this Section which materially adversely affects the Trustee’s own rights, duties or immunities under this Indenture or otherwise. (d) Notwithstanding the foregoing, the Indenture may also be modified or amended from time to time and at any time by an indenture or indentures supplemental hereto, which the Authority and the Trustee may enter into without the consent of the Holders, the Credit Bank, if any, or the Bank, if any, for the purpose of changing the forms of the notices of the Trustee or the Trustee Audit Letter, or the timing thereof, as described in Section 8.08 hereof.

Amendments Permitted. This Indenture Trust Agreement and the rights and obligations of the Authority, Authority and of the Trustee and the Holders Owners of the Bonds may be modified or amended from time to time and at any time for any lawful purpose, by an indenture a supplement or indentures supplemental hereto, amendment hereto which shall become effective when the Authority and the Trustee may enter into without the consent of any Bondholders but with the prior written consent consents of the Bank (as long as the Bank is not Owners of at a majority in default under the Letter of Credit). The foregoing to the contrary notwithstanding, no such modification or amendment shall, without the consent aggregate principal amount of the Holders of all Bonds then Outstanding, exclusive of Bonds disqualified as provided in Section 9.02, shall have been filed with the Trustee. No such supplement or amendment shall (i1) extend the fixed maturity date of any BondBonds or reduce the interest rate thereon or extend the time of payment of interest, (ii) or reduce the amount of principal thereof or reduce any premium payable upon the redemption thereof, (iii) extend the time of payment or change the method of computing the rate of interest thereon, without the express consent of the Holder Owner of each Bond so affected, or eliminate the Holders’ rights to tender the Bonds, (iv) extend the due date for the purchase of Bonds tendered by the Holders thereofsuch Bond, or (v2) reduce the purchase price percentage of such Bonds. It Bonds required for the affirmative vote or written consent to an amendment or modification of this Trust Agreement, or (3) modify any of the rights or obligations of the Trustee without the written assent thereto by the Trustee. (a) to add to the covenants and agreements of the Authority in this Trust Agreement contained, other covenants and agreements thereafter to be observed, or to surrender any right or power herein reserved to or conferred upon the Authority which in either case shall not be necessary for adversely affect the consent interests of the Bondholders Owners of the Bonds; (b) to approve the particular form of cure, correct or supplement any Supplemental Indentureambiguous or defective provision contained in this Trust Agreement or in regard to questions arising under this Trust Agreement, but it shall be sufficient if such consent shall approve the substance thereof. Promptly after the execution by as the Authority may deem necessary or desirable and not inconsistent with this Trust Agreement, and which shall not adversely affect the Trustee of any Supplemental Indenture pursuant to this Section 10.01, the Trustee shall mail a notice, setting forth in general terms the substance of such Supplemental Indenture, to each rating agency then rating the Bonds and the Holders interests of the Bonds at the address shown on the registration books Owners of the Trustee. Any failure Bonds; (c) to give modify, amend or supplement this Trust Agreement in such noticemanner as to permit the qualification hereof under the Trust Trust Agreement Act of 1939, as amended, or any defect thereinsimilar federal statute hereafter in effect, and to add such other terms, conditions and provisions as may be permitted by said Act or similar federal statute, and which shall not, however, not materially adversely affect the interests of the Owners of the Bonds; (d) to maintain the exclusion of interest on the Bonds from gross income for federal income tax purposes; (e) to obtain a rating on the Bonds; or (f) to modify any of the provisions of this Trust Agreement in any way impair or affect other respect, provided that such modifications shall not have a material adverse effect on the validity interests of any such Supplemental Indenturethe Owners of the Bonds.

Amendments Permitted. This Indenture and the rights and obligations of the Authority, the Trustee and the Holders of the Bonds may be modified or amended from time to time and at any time for any lawful purpose, by an indenture or indentures supplemental hereto, which the Authority and the Trustee may enter into without the consent of any Bondholders but with the prior written consent of the Bank (as long as the Bank is not in default under the Letter of CreditCredit or a voluntary or involuntary case has not been commenced by the filing of a petition under the United States Bankruptcy Code or any other law relating to the bankruptcy, insolvency or reorganization of the Bank). The foregoing to the contrary notwithstanding, no such modification or amendment shall, without the consent of the Holders of all Bonds then Outstanding, (i) extend the maturity date of any Bond, (ii) reduce the amount of principal thereof, (iii) extend the time of payment or change the method of computing the rate of interest thereon, without the consent of the Holder of each Bond so affected, or eliminate the Holders’ ' rights to tender the Bonds, (iv) extend the due date for the purchase of Bonds tendered by the Holders thereof, or (v) reduce the purchase price Purchase Price of such Bonds. It shall not be necessary for the consent of the Bondholders to approve the particular form of any Supplemental Indenturesupplemental indenture, but it shall be sufficient if such consent shall approve the substance thereof. Promptly after the execution by the Authority and the Trustee of any Supplemental Indenture supplemental indenture pursuant to this Section 10.01, the Trustee shall mail a notice, setting forth in general terms the substance of such Supplemental Indenturesupplemental indenture, to each rating agency Rating Agency then rating the Bonds and the Holders of the Bonds at the address shown on the registration books of the Trustee. Any failure to give such notice, or any defect therein, shall not, however, in any way impair or affect the validity of any such Supplemental Indenturesupplemental indenture.

Amendments Permitted. This Indenture and the rights and obligations of the Authority, of the Trustee and of the Holders of the Bonds may be modified or amended amended, from time to time time, and at any time time, for any lawful purpose, by an indenture or indentures supplemental hereto, which the Authority and the Trustee may enter into without the consent of any Bondholders but with the prior written consent of the Company and the Bank (as long as the Bank is not in default under the Letter of Credit). The foregoing to the contrary notwithstanding, no such modification or amendment shall, without the written consent of the Holders Company and the holders of all Bonds then Outstanding, : (i) extend the maturity date of any Bond, ; (ii) reduce the amount of principal thereof, ; (iii) extend the time of payment or change the method of computing the rate of interest thereon, without the consent of the Holder of each Bond so affected, or eliminate the Holders’ ' rights to tender the Bonds, ; (iv) extend the due date for the purchase of Bonds tendered by the Holders thereof, ; or (v) reduce the purchase price of such Bonds. It shall not be necessary for the consent of the Bondholders to approve the particular form of any Supplemental Indenture, but it shall be sufficient if such consent shall approve the substance thereof. Promptly after the execution by the Authority and the Trustee of any Supplemental Indenture pursuant to this Section 10.01, the Trustee shall mail a notice, setting forth in general terms the substance of such Supplemental Indenture, to each rating agency then rating the Bonds and the Holders of the Bonds at the address shown on the registration books of the Trustee. Any failure to give such notice, or any defect therein, shall not, however, in any way impair or affect the validity of any such Supplemental Indenture.

Amendments Permitted. This Indenture and the rights and obligations of the Authority, of the Trustee and of the Holders of the Bonds may be modified or amended from time to time and at any time for any lawful purpose, by an indenture or indentures supplemental hereto, which the Authority and the Trustee may enter into without the consent of any Bondholders but with the prior written consent of the Company and the Bank (as long as the Bank is not in default under the Letter terms of any of the Letters of Credit), provided that the Trustee determines that such modification or amendment will not materially adversely affect the interests of the Bondholders or result in any material impairment of the security hereby given. In making such determination, the Trustee may rely on an opinion of Counsel selected by the Trustee. Any other modification or amendment must be approved by a majority in aggregate principal amount of the Bonds then Outstanding, provided that such consent of the Bondholders shall no be required if such modification or amendment is consented to in writing by the Bank provided that (a) the Bank is not then in default of its obligations under the terms of any of the Letters of Credit and (b) no voluntary or involuntary case has been commenced by the filing of a petition under the United States Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up or composition or adjustment of debts by or against the Bank. The foregoing to the contrary notwithstanding, no such modification or amendment shall, without the consent of the Holders of all Bonds then Outstanding, (i) extend the maturity date of any Bond, (ii) reduce the amount of principal thereof, (iii) extend the time of payment or change the method of computing the rate of interest thereon, without the consent of the Holder of each Bond so affected, or eliminate the Holders’ ' rights to tender the Bonds, (iv) extend the due date for the purchase of Bonds tendered by the Holders thereof, or (v) reduce the purchase price Purchase Price of such Bonds. It shall not be necessary for the consent of the Bondholders to approve the particular form of any Supplemental Indenture, but it shall be sufficient if such consent shall approve the substance thereof. Promptly after the execution by the Authority and the Trustee of any Supplemental Indenture pursuant to this Section 10.01, the Trustee shall mail a notice, setting forth in general terms the substance of such Supplemental Indenture, to each rating agency Rating Agency then rating the Bonds and the Holders of the Bonds at the address addresses shown on the registration books of the Trustee. Any failure to give such notice, or any defect therein, shall not, however, in any way impair or affect the validity of any such Supplemental Indenture.